common law vs civil law

Common Law vs. Civil Law

Territory

1st difference: law

Common law• Case law• Based on customsExample…

Civil law• Principle of legality• Based on Roman lawExample…

1st difference: law

Common law• Case law• Based on customsExample…

Civil law• Principle of legality• Based on Roman lawExample…

2nd difference: judges

Common law• Judge and jury• trial dominated by lawyers

with judge as referee

Civil law• One or a panel of judges • Judge actively participates

in seeking of evidence and examining of witnesses

2nd difference: judges

Common law• Judge uses inductive

reasoning about the facts• Court may fashion an

equitable remedy- one that is “fair”

Civil law• Judge uses deductive

reasoning• Inappropriate for Court to

fashion a remedy not set forth in the Code

2nd difference: judges• Disadvantages

Disadvantages

Disadvantages

Disadvantages

Disadvantages

3th difference: jury

Common law• Judge and jury

Civil law• One or a panel of judges

Disadvantages

Disadvantages

Disadvantages

Disadvantages

Advantages

How am I to judge?