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