common law vs civil law
DESCRIPTION
This is a brandnew presentation how explains some of the many differences you can encounter between the common and civil law. To view the animations you have to download the file.TRANSCRIPT
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?