Common law VS Civil law
Common law: A system of laws based on customs and court decisions rather than on written law made by a parliament. Common law forms the basis of the legal system in the UK, US, and various other countries.
Civil law: A legal system based on ancient Roman law, which is used many countries. In this system a court makes decisions based on a set of recorded laws rather than on the decision of a judge or jury.
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Common law and civil law systems, what are the main differences ?
I-the historical origins of Common and civil law
start
A) A case law system
Main sources of the law: case-law more than legislation; custom and practice Uncodified law Mainly evolved in England and in its Colonies Constitution not essentially required
1. Original source : English monarchy
2. Order called "Writs"
3. Creation of courts of equity
4. Use precedential opinions and apply to current cases
B) A codified law
Civil law:
Main source of the law: legislation/ constitution. Codified Evolved in Continental Europe Constitution is essentially required
II- Roles of a lawyers and judges in each system
A) A role of advising
Type of trial: equatorial and collaborative. Functions of lawyers: the rules and functions of lawyers are to give advice and to inform. During the trail, roles of judges: this is are considered as director or examiner. Selection of judges: the appointment of judges is based from judicial of specialists Precedents are used to determine typically administrative or constitutional court matters
II- Roles of a lawyers and judges in each system
B) More flexibility system
Type of trial: accusatorial and confrontational. Functions of lawyers: the controls of lawyers are based on debate and opposed. During the trail: Roles of judges: deserve are considered as referee or as ampere. Selection of judges: political appointment from practicing lawyers or judges (of lower courts); judges of lower courts are appointed through competitive examinations. Precedents are commonly used to decide the cases
what is the consequence if a common law country uses civil law ?
Common and civil law
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Created on February 6, 2022
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Transcript
Common law VS Civil law
Common law: A system of laws based on customs and court decisions rather than on written law made by a parliament. Common law forms the basis of the legal system in the UK, US, and various other countries.
Civil law: A legal system based on ancient Roman law, which is used many countries. In this system a court makes decisions based on a set of recorded laws rather than on the decision of a judge or jury.
write your title here
Common law and civil law systems, what are the main differences ?
I-the historical origins of Common and civil law
start
A) A case law system
Main sources of the law: case-law more than legislation; custom and practice Uncodified law Mainly evolved in England and in its Colonies Constitution not essentially required
1. Original source : English monarchy
2. Order called "Writs"
3. Creation of courts of equity
4. Use precedential opinions and apply to current cases
B) A codified law
Civil law:
Main source of the law: legislation/ constitution. Codified Evolved in Continental Europe Constitution is essentially required
II- Roles of a lawyers and judges in each system
A) A role of advising
Type of trial: equatorial and collaborative. Functions of lawyers: the rules and functions of lawyers are to give advice and to inform. During the trail, roles of judges: this is are considered as director or examiner. Selection of judges: the appointment of judges is based from judicial of specialists Precedents are used to determine typically administrative or constitutional court matters
II- Roles of a lawyers and judges in each system
B) More flexibility system
Type of trial: accusatorial and confrontational. Functions of lawyers: the controls of lawyers are based on debate and opposed. During the trail: Roles of judges: deserve are considered as referee or as ampere. Selection of judges: political appointment from practicing lawyers or judges (of lower courts); judges of lower courts are appointed through competitive examinations. Precedents are commonly used to decide the cases
what is the consequence if a common law country uses civil law ?