Common Law vs.

Civil Law
Territory
1st difference: law
Common law
Case law
Based on customs
Example

Civil law
Principle of legality
Based on Roman law
Example
1st difference: law
Common law
Case law
Based on customs
Example

Civil law
Principle of legality
Based on Roman law
Example
2
nd
difference: judges
Common law
Judge and jury
trial dominated by lawyers
with judge as referee


Civil law
One or a panel of judges
Judge actively participates
in seeking of evidence and
examining of witnesses
2
nd
difference: judges
Common law
Judge uses inductive
reasoning about the facts
Court may fashion an
equitable remedy- one that
is fair


Civil law
Judge uses deductive
reasoning
Inappropriate for Court to
fashion a remedy not set
forth in the Code

2
nd
difference: judges
Disadvantages
Disadvantages
Disadvantages
Disadvantages
Disadvantages
3
th
difference: jury
Common law
Judge and jury


Civil law
One or a panel of judges
Disadvantages
Disadvantages
Disadvantages
Disadvantages
Advantages