Comparison Between Common Law And Civil Law

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Comparison between Common Law and Civil Law

Law is an essential element for any civilization. Laws in general are the rules set and enforced by an authority that we must follow. The main purpose of these rules is to solve a specific problem or conflict between two parties or more. Furthermore, laws were there long time ago and still exist until this day to help solve various cases and scenarios we see and hear about in our daily life. Law can be categorized into two general categories; which are common law and civil law. Each one of these two differs from the other in many aspects. We can differentiate between common law and civil law through many key points that I will highlight in the coming paragraphs. First of all, the legal system, which is the way rules are enforced. The common law’s Legal system characterized by case law, which is law developed by judges through decisions of courts and similar tribunals. On the other hand, the civil law’s Legal system originating in Europe whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. Second important point is the role of judges. Judges decide matters of law and, where a jury is absent, they also find facts. Most judges rarely inquire extensively into matters before them, instead relying on arguments presented by the part. While in the civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of the

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