LEGAL SYSTEM

common Law vs Civil Law

common Law -
law based upon the customary practice of the courts and

Adaptability their decisions

-
Case law :
prove each other 's cases ( jurisprudence )

-
Adversarial system : where the judge play a role as referee
to ensure fairness to the accused ,
and that the legal rules
criminal procedure followed .

Bottom
-

up approach
- Philosophy :
Judge makes law to end disputes

Civil Law law based code

-

upon written
certainty -
The rules organize all aspect of life .

-
Co di fide Law
-

Inquisitorial system where judges play an

important role
in the legal
system , asking or questioning for evidences
-

Top down approach

warning -
Countries have same legal system means
they have same

understandings of legal system / legal frameworks / legal concepts

→ They
do not have same laws

th
why most countries -
Europe dominated in 19
century ,
therefore ,
most countries
follow civil law ? chose civil law to trade easier .

The differences of 2 legal system are not important

globalization free trade movement system 2 legal
openness of
the
-
, , ,

systems influence each other

- International law tries to reduce differences