Common and civil system Flashcards
1
Q
What is the common law system?
A
- Refers to the principle that past judical decisions (precedents) establish guidelines for resolving similar cases in the future
- Originated in England and adopted by many former british colonies (US, Australia, India)
- Judges play an active role in shaping the law
-Use of juries to determine guilt or innocence
- Court-made law
- Flexible and adaptable
2
Q
What is the civil law system?
A
- Legal system based on comprehensive written codes and laws
- Originated in ancient Rome and is used in continental Europe, Latin America and some parts of Asia
- Based on the idea that law should be codified into a comprehensive and systemic body of law, providing clear and consistent guidelines shaped by legislative process
- Judges only interpret/apply law and does not use juries
- Generally less flexible but more predictable and consistent
3
Q
What are the main differences between civil and common law?
A
Writte codes and laws vs. judicial decisions and precedents
Judge limited to application of law vs. judge plays active role in shaping law
No jury vs. jury
More consistent vs. more flexible
