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Common Law versus Civil Law

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Inquisitorial System

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The inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, typical of Civil Law jurisdictions.

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Napoleonic Code

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The Napoleonic Code is the French civil code established under Napoléon I in 1804, which strongly influenced the legal systems of many other countries.

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Statutory Law

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Statutory Law is written law set down by a legislature or other governing authority, in contrast to oral or customary law.

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Corpus Juris Civilis

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The Corpus Juris Civilis is a collection of fundamental works in Roman law compiled by order of Byzantine Emperor Justinian in the 6th century, which heavily influenced Civil Law.

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Civil Law

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Civil Law is a legal system that originated in Continental Europe and is characterized by a comprehensive set of codified legal rules that courts apply to individual cases.

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Legal Precedent

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A legal precedent is a principle or rule established in a previous legal case that can be persuasive or binding for a court when deciding subsequent cases with similar issues or facts.

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Judge's Role in Civil Law

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In Civil Law, the judge has a more active role in determining the facts, guiding the proceedings, and doing some of the investigation.

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Common Law

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Common Law is a legal system that originated in England and is characterized by the doctrine of precedent, meaning that judges' decisions in earlier cases are binding in future cases.

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Case Law

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Case Law consists of the collection of past legal decisions written by courts and similar tribunals, which guide future rulings.

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Anglo-American Legal System

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The Anglo-American Legal System, another term for Common Law, is a body of law that tends to rely on the judicial decisions of courts and tribunals, used in the UK and the USA.

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Magna Carta

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The Magna Carta is a charter of liberties to which the English barons forced King John to give his assent in 1215, and it is a foundational document for the development of Common Law.

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Legal Codes

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Legal codes are comprehensive and systematic collections of interrelated articles, arranged by subject matter, that clarify the laws in Civil Law systems.

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Adversarial System

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The adversarial system is a legal system used in Common Law countries where two advocates represent their parties' positions before an impartial person or group of people.

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Judge's Role in Common Law

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In Common Law, the judge acts as a neutral arbiter who applies the law to facts found by a jury or by the judge themselves if a jury is not present.

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Common Law Marriage

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Common Law Marriage is an informal type of marriage recognized in some jurisdictions, which is established by cohabitation and holding out to the public as married without a formal ceremony.

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Jury System

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The jury system is a legal proceeding where a group of people (the jury) is tasked with making a decision in a legal case, more typical of Common Law jurisdictions.

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Continental Legal System

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The Continental Legal System, synonymous with Civil Law, refers to a principle-based legal system that is widespread in Europe and other parts of the world, drawing heavily from Roman law.

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Doctrine of Precedent

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The doctrine of precedent, also known as stare decisis, requires courts to follow the rulings of previous cases in similar circumstances.

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Equity Law

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Equity Law is a branch of law that was developed in England to supplement Common Law when remedies were insufficient and is based on principles of fairness and justice.

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Codification

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Codification in Civil Law refers to the process of assembling laws and statutes into a single comprehensive legal code.

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