COMPARISON: COMMON LAW versus CIVIL LAW SYSTEMS

System Features:
Continuity of Legal system Major Source of Law Reliance on precedent Judicial role in law-making Role of Legal Scholarship Judicial Review of Statutes & Executive Actions Major Decision Stage Trial Format Use of Argument & Debate Style of Legal Reasoning Trial Emphasis on: Evidentiary Rules Role of lawyers during trial Functions of lawyers Judges role during trial Selection of judges Status of Judges Citizen trial participation Appellate review focus Unity of Court Structure

Common Law Systems

Evolutionary Custom & Practice Yes (Strong) Active & Creative Secondary and Peripheral Yes Trial Accusatorial/confrontational Extensive & fundamental Inductive Procedural Correctness Formal and restrictive (exclusionary rule) Primary Debate and oppose Referee/umpire Political appointment from practicing lawyers Political VIPs Juries (Grand & Petit) Procedural Unified Court Structure

Civil Law Systems

Arbitrary Legislative Statutes No (Weak) Passive and Technical Extensive and Influential No Investigation & Examination Inquisitorial/collaborative modest & restricted Deductive Factual Certainty None (all evidence considered) Secondary advise and inform Director/examiner Merit advancement from judicial specialists Mid-level civil servants Members of Judicial Panels Procedural & substantive Diffused Court Structures (multiple specialized courts)