Civil Law Common Law

Legal System Legal system Legal system

originating in Europe characterized by case law,
whose most prevalent which is law developed by
feature is that its core judges through decisions
principles are codified of courts and similar
into a referable tribunals.
system which serves
as the primary source
of law.

Role of judges Chief investigator; Makes rulings; sets

makes rulings, usually precedent; referee
non-binding to 3rd between lawyers. Judges
parties. In a civil law decide matters of law and,
system, the judge’s where a jury is absent,
role is to establish the they also find facts. Most
facts of the case and judges rarely inquire
to apply the extensively into matters
provisions of the before them, instead
applicable code. relying on arguments
Though the judge presented by the part
often brings the
formal charge

Countries Spain, China, Japan, United States, England,

Germany, most Australia, Canada, India
African nations, all
South American
nations (except
Guyana), most of
Europe

Constitution Always Not always

Precedent Only used to Used to rule on future or

determine present cases
administrative of
constitutional court
matters

Jury opinion In cases of civil law, Juries are comprised only

the opinion of the jury of laypersons — never
may not have to be judges and, in practice,
 unanimous. Laws only rarely lawyers — and
vary by state and are rarely employed to
country. Juries are decide non-criminal
present almost matters outside the United
exclusively in criminal States. Their function is to
cases; virtually never weigh evidence presented
involved in civil to them, and to find fa
actions. Judges
ensure law prevails
over passion.

History The civil law tradition Common law systems

developed in have evolved primarily in
continental Europe at England and its former
the same time and colonies, including all but
was applied in the one US jurisdiction and all
colonies of European but one Canadian
imperial powers such jurisdiction. For the most
as Spain and part, the English-speaking
Portugal. world operates under
common law.

Sources of 1. Constitution 2. 1. Constitution (not in the

Law Legislation – statutes UK) 2. Legislation –
and subsidiary Statutes and subsidiary
legislation 3. Custom legislation 3. Judicial
4. International Law 5. precedent – common law
[Nota bene: It may be and equity 4. Custom 5.
argued that judicial Convention 6. International
precedents and Law
conventions also
function within
Continental systems,
but they are not
generally recogn

Type of Inquisitorial. Judges, Adversarial. Lawyers ask

argument and not lawyers, ask questions of witnesses,
role of lawyers questions and demand production of
demand evidence. evidence, and present
Lawyers present cases based on the
arguments based on evidence they have
the evidence the court gathered.
finds.
Evidence Evidence demands Widely understood to be a
Taking are within the necessary part of the
sovereign inquisitorial litigants’ effective pursuit
function of the court or defense of a claim.
— not within the Litigants are given wide
lawyers’ role. As latitude in US jurisdictions,
such, “discovery” by but more limited outside
foreign attorneys is the US. In any event, the
dimly viewed, and can litigants and their lawyers
even lead to criminal undertake to a
sanctions where the
court’s role is usurp

Evolution Both systems have Both systems have similar

similar sources of sources of law- both have
law- both have statutes and both have
statutes and both case law, they approach
have case law, they regulation and resolve
approach regulation issues in different ways,
and resolve issues in from different perspectives
different ways, from
different perspectives