Essay On The Difference Between The United States And The Civil Law System

Major differences in the common-law system of the United States and the civil law system in much of Europe. In civil matters, the European systems do not use juries. There slight exception, but only in that there is some lay participation in some matters. This is unparalleled in the system of the United States. These lay judges are temporarily assigned for a single case, but are on the same level and rank as the professional judge of the case. Nonetheless, there are some criminal cases still will have juries. In the civil law system, there is limited involvement from the general population.

Also uncommon to the system of the United States, is the lack of discovery. Evidence is heard by judges and is the actual person in trial’s case management. For instance, judges will talk to witnesses. The attorney only offers evidence and the judge decides what they will hear. This means a case

In the system of the United States, for instance, the attorney has a better opportunity to advocate for their client. Additionally, the manner of the introduction of evidence can allow the party to ensure all of the evidence that could possibly help them will be heard and part of the trial. However, with the less active role of the judge and the greater role of the citizenry, the party could lose a case because of the untrained people called to hear their story in the jury. With a judge taking a more active role in the case, the party will be sure to have a trained professional decide on the trial, only with the possible addition of a lay person on their case. This means that the evidence offered is less likely to be tainted by a clever turn of phrase from an attorney on the other side. There is more objectivity in the trial with a judge taking the active role. Yet, this also means their attorney cannot argue as easily for evidence to be taken more strongly or weakly since that determination is left to the