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Common Law vs. Civil Law
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Common Law
A legal system where the law is largely formed by the decisions previously made by courts. It relies heavily on the principle of stare decisis, meaning the obligation of courts to honor past precedents.
Civil Law
A legal system based primarily on written codes and statutes rather than on case law. Judges apply the statutes to resolve individual cases without being required to follow past judicial decisions.
Stare Decisis
Latin for 'to stand by things decided,' it is a doctrine in common law that requires courts to respect the precedent set by past decisions in similar cases.
Judicial Precedent
Refers to the practice of deciding current cases based on previous judicial decisions. In common law systems, these precedents are as authoritative as statutory law.
Code-based Statutes
Laws that are written and organized in a systematic code, typically enacted by the legislature. This is characteristic of the civil law system.
Judicial Review
The process by which courts interpret and apply legislation, and the power of courts to declare a statute unconstitutional and thus invalid. Judicial review is more common in common law countries.
Inquisitorial System
Legal procedure where the court or a segment of the court is actively involved in investigating the facts of the case. This approach is common in civil law judicial systems.
Adversarial System
A legal system where two advocates represent their parties' positions before an impartial judge or jury. It's the predominant system in common law jurisdictions.
Legal Codification
The process of consolidating and organizing laws into systematic written codes. In civil law systems, legal codification is a fundamental principle.
Equity
A branch of law that developed alongside common law to remedy some of its deficiencies, providing fairness and justice as discretionary remedies, such as injunctions.
Common Law Marriage
A marriage that is recognized by law but has not been formalized by a ceremony or legal process. Common law marriage is recognized in some common law jurisdictions.
Napoleonic Code
A civil code established under Napoleon I of France, which heavily influenced civil law development and is seen as a major example of legal codification.
Case Law
Laws based on previous court decisions and judicial interpretations. Case law is a defining element of the common law system.
Jury Trial
A legal proceeding where a jury makes a decision or findings of fact, which is prevalent in common law countries, especially in criminal cases.
Constitutional Law
A body of law dealing with the distribution and exercise of government power. Constitutional law is important in both common law and civil law systems, though it may be interpreted differently.
Legal Pluralism
Occurs when more than one legal system operates within a country or region. Legal pluralism can be found within both common law and civil law traditions.
Tort Law
A section of law that addresses, recognizes, and provides remedies for civil wrongs not arising out of contractual obligations. Tort law is more developed and complex in common law systems.
Public Law
Law governing the relationship between individuals and the state. Public law includes areas such as constitutional law, administrative law, and criminal law and is a critical component of both legal systems.
Private Law
Part of the law that deals with relationships between individuals, such as contract law, tort law, property law, and family law. Private law exists in both common law and civil law jurisdictions.
Legal Interpretation
The process by which judges determine the meaning of laws and whether they apply to specific cases. Legal interpretation in common law jurisdictions often involves considering judicial precedent.
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