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Civil law and common law systems differ in their core principles and the role of judges. [1] Civil law originates in Europe and relies on codified principles, while common law is characterized by case law developed by judges. [2] Judges in civil law play an investigative role and make non-binding rulings, whereas common law judges set precedent and referee arguments between lawyers. [3] Civil law countries include most of Europe while common law countries are led by the United States, England, and former British colonies.
Civil law and common law systems differ in their core principles and the role of judges. [1] Civil law originates in Europe and relies on codified principles, while common law is characterized by case law developed by judges. [2] Judges in civil law play an investigative role and make non-binding rulings, whereas common law judges set precedent and referee arguments between lawyers. [3] Civil law countries include most of Europe while common law countries are led by the United States, England, and former British colonies.
Civil law and common law systems differ in their core principles and the role of judges. [1] Civil law originates in Europe and relies on codified principles, while common law is characterized by case law developed by judges. [2] Judges in civil law play an investigative role and make non-binding rulings, whereas common law judges set precedent and referee arguments between lawyers. [3] Civil law countries include most of Europe while common law countries are led by the United States, England, and former British colonies.
originating in Europe characterized by case law, whose most prevalent which is law developed by feature is that its core judges through decisions principles are codified of courts and similar into a referable tribunals. system which serves as the primary source of law.
Role of judges Chief investigator; Makes rulings; sets
makes rulings, usually precedent; referee non-binding to 3rd between lawyers. Judges parties. In a civil law decide matters of law and, system, the judge’s where a jury is absent, role is to establish the they also find facts. Most facts of the case and judges rarely inquire to apply the extensively into matters provisions of the before them, instead applicable code. relying on arguments Though the judge presented by the part often brings the formal charge
Countries Spain, China, Japan, United States, England,
Germany, most Australia, Canada, India African nations, all South American nations (except Guyana), most of Europe
Constitution Always Not always
Precedent Only used to Used to rule on future or
determine present cases administrative of constitutional court matters
Jury opinion In cases of civil law, Juries are comprised only
the opinion of the jury of laypersons — never may not have to be judges and, in practice, unanimous. Laws only rarely lawyers — and vary by state and are rarely employed to country. Juries are decide non-criminal present almost matters outside the United exclusively in criminal States. Their function is to cases; virtually never weigh evidence presented involved in civil to them, and to find fa actions. Judges ensure law prevails over passion.
History The civil law tradition Common law systems
developed in have evolved primarily in continental Europe at England and its former the same time and colonies, including all but was applied in the one US jurisdiction and all colonies of European but one Canadian imperial powers such jurisdiction. For the most as Spain and part, the English-speaking Portugal. world operates under common law.
Sources of 1. Constitution 2. 1. Constitution (not in the
Law Legislation – statutes UK) 2. Legislation – and subsidiary Statutes and subsidiary legislation 3. Custom legislation 3. Judicial 4. International Law 5. precedent – common law [Nota bene: It may be and equity 4. Custom 5. argued that judicial Convention 6. International precedents and Law conventions also function within Continental systems, but they are not generally recogn
Type of Inquisitorial. Judges, Adversarial. Lawyers ask
argument and not lawyers, ask questions of witnesses, role of lawyers questions and demand production of demand evidence. evidence, and present Lawyers present cases based on the arguments based on evidence they have the evidence the court gathered. finds. Evidence Evidence demands Widely understood to be a Taking are within the necessary part of the sovereign inquisitorial litigants’ effective pursuit function of the court or defense of a claim. — not within the Litigants are given wide lawyers’ role. As latitude in US jurisdictions, such, “discovery” by but more limited outside foreign attorneys is the US. In any event, the dimly viewed, and can litigants and their lawyers even lead to criminal undertake to a sanctions where the court’s role is usurp
Evolution Both systems have Both systems have similar
similar sources of sources of law- both have law- both have statutes and both have statutes and both case law, they approach have case law, they regulation and resolve approach regulation issues in different ways, and resolve issues in from different perspectives different ways, from different perspectives