TIMELINE COMPARATIVO

CIVIL LAW vs COMMON LAW

CIVIL LAW

COMMON LAW

LITIGATION

LITIGATION

Litigation (Civil and Criminal) As a general rule, both criminal and civil courts in Mexico follow the adversarial principle. The court in charge of the case does not take a position in the litigation; instead, it limits itself to impartially judging according to the claims and allegations of the parties. Civil courts apply the adversarial principle. However, proceedings follow a written, rigid process before a single judge at all stages

Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict.

1066

1629

ADVANTAGES

ADVANTAGES

Clear expression of rights and dutiesSimplicity and accessibility to the citizen Advance disclosure of rules Richly developed

EquityPrecedents Efficient

1794

DISADVANTAGES

DISADVANTAGES

Perpetuation of bad decisionsIn the absence of precedent Need for records

it remains static A judge can never interfere in the domain of law by giving wide interpretations A Civil law legislature can unilaterally (at least in parliamentary systems) pass any law

1865

2005