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  • CommonvsCivilLaw Chart

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    Joel Mendoza
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    Common law systems such as those in the United States and United Kingdom evolve through custom and practice, rely heavily on judicial precedent, and emphasize adversarial trials before juries. In contrast, civil law systems like those found in Europe are based on comprehensive legislative codes, give judges a more technical role, and favor inquisitorial proceedings with specialized judicial panels.

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    CommonvsCivilLaw Chart

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    Common law systems such as those in the United States and United Kingdom evolve through custom and practice, rely heavily on judicial precedent, and emphasize adversarial trials before juries. In contrast, civil law systems like those found in Europe are based on comprehensive legislative codes, give judges a more technical role, and favor inquisitorial proceedings with specialized judicial panels.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    8 views1 page

    CommonvsCivilLaw Chart

    Uploaded by

    Joel Mendoza
    Common law systems such as those in the United States and United Kingdom evolve through custom and practice, rely heavily on judicial precedent, and emphasize adversarial trials before juries. In contrast, civil law systems like those found in Europe are based on comprehensive legislative codes, give judges a more technical role, and favor inquisitorial proceedings with specialized judicial panels.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    COMPARISON:

    COMMON LAW versus CIVIL LAW SYSTEMS

    System Features:

    Common Law Systems

    Civil Law Systems

    Evolutionary

    Arbitrary

    Custom & Practice

    Legislative Statutes

    Yes (Strong)

    No (Weak)

    Judicial role in law-making

    Active & Creative

    Passive and Technical

    Role of Legal Scholarship

    Secondary and Peripheral

    Extensive and Influential

    Judicial Review of Statutes


    & Executive Actions

    Yes

    No

    Major Decision Stage

    Trial

    Investigation & Examination

    Accusatorial/confrontational

    Inquisitorial/collaborative

    Extensive & fundamental

    modest & restricted

    Inductive

    Deductive

    Trial Emphasis on:

    Procedural Correctness

    Factual Certainty

    Evidentiary Rules

    Formal and restrictive


    (exclusionary rule)

    None
    (all evidence considered)

    Primary

    Secondary

    Debate and oppose

    advise and inform

    Referee/umpire

    Director/examiner

    Political appointment from


    practicing lawyers

    Merit advancement from


    judicial specialists

    Political VIPs

    Mid-level civil servants

    Juries (Grand & Petit)

    Members of Judicial Panels

    Appellate review focus

    Procedural

    Procedural & substantive

    Unity of Court Structure

    Unified Court Structure

    Diffused Court Structures


    (multiple specialized courts)

    Continuity of Legal system


    Major Source of Law
    Reliance on precedent

    Trial Format
    Use of Argument & Debate
    Style of Legal Reasoning

    Role of lawyers during trial


    Functions of lawyers
    Judges role during trial
    Selection of judges
    Status of Judges
    Citizen trial participation

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