Key Differences Between Common Law vs Civil Law
Generally, as we know, legal systems are divided into two main categories, one is a common law system, and another is a civil law system. Countries all over the world mainly fall under these two legal law system. Almost 150 countries consider their law system as civil law.
On the other hand, almost 70 countries consider their law system as common law. However, both types of law systems exist worldwide right now. Again there are some key differences between them. Some countries all over the globe follow a mixture of common law and civil law.
In this writing, we will briefly discuss the key differences between common law and civil law. So keep reading!
Common law vs civil law: what are the differences between them?
In general, common law usually relies on the idea of judicial precedent. In this law system, the judge always plays an active role in reforming the law. A lawmaker also plays a very important role, like they create legal law in this system. And then, the court relies on those legal laws for individual cases.
In some countries that follow the common law, if the court wants, they can strike down a particular law if it violates the country’s federal laws. There are still so many countries all over the world that follow the common law system—for example, the United States of America, Canada, England, and many more.
On the other hand, the civil law system basically relies on written legal codes and a detailed set of rules and regulations. The origin of civil law is in ancient roman jurisprudence.
In the civil law system, the judge always plays a very important role in establishing the actual fact according to the legal laws and rules. Some countries follow the civil law system—for example, Japan, China, etc.
Modern law systems:
In today’s world, these two law systems are much more different than their origin. But they still try to place on the actual source of law. In common law, the most valid source of law comes from the judicial law. It also allows the judge to coordinate and contribute to the laws.
For example, when the court needs to prove a particular murder case, they will not primarily focus on the statute, but they will focus on the case law. The court will always bound to obey the direction of the higher court of a country.
On the contrary, in today’s civil law, rules and statutes are created in such a way so that it can cover up all the cases and situations that need to be judged. When a case comes to the court of civil law, they primarily focus on the investigators, whereas, in common law, they focus on the adjudicator between parties.
Countries that follow common and civil law:
These two types of law systems are widely used in countries all over the world. Some countries follow the common law system based on legal customs and traditions. Generally, the United States of America, India, Canada, Australia are some big countries that rely on the common law system. Such as common law Saskatchewan for Canada.
Some counties follow the civil laws system. For example, South America (except Guyana) and every country of Europe follow the civil law system. Other than these, China and Japan are a very common example that relies on this law system.
Few countries in the world follow the combination of both law systems—for example, South Africa, Zimbabwe, and many more.
Legal representation of law system:
No matter it is a civil law-oriented country or a common law-oriented country, in both legal systems, a representative (i.e., lawyers and judges) plays a very significant role. Then again, in the civil law system, the judge usually acts as an investigator.
The lawyer advises their client about the legal law and regulation of that country. They also recommend to their clients what to do and what not to do. They also assist their client in collecting necessary evidence and documents for the legal procedures.
On the other hand, in the common law system, the judge plays the role of the referee. In a particular case, the judge needs to hear both side’s lawyer’s arguments. Then the judge comes to a final point based on those arguments.
The bottom line:
Both types of law systems are widely followed worldwide. Common law is way more flexing between these two law systems because common laws are usually based on the individual’s legal codes, customs, and traditions.
But on the contrary civil law is based on the legal rules and regulations of a country. This is always a debatable topic that which one is better between common law vs civil law. Hopefully, this writing helped you find out the key differences between the common law system and the civil law system.