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Introduction To Law
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Assignment No:1

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Submitted To: Ma’am Ain-ul-Badar
Submitted By: Ayeshah Fatima Khan
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Roll Number: 2020-B.Phy-008
Department: BS.Physics
Session: 2020-2024
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 Q: Differentiate between Common Law & Civil Law systems with reference to Precedent?

PRECEDENT:

A precedent is an act or decision that serves as a guide for future situations with
similar circumstances. It can be called as the interpretation of law by the supreme courts. The
lower courts are then bind to look at decisions made the higher courts. Decisions are not required
to be based to the precedent and the judge can break the precedent but has to provide a valid
reason for that. The use of precedent in the courts is also known as stare decisis.

Translated from Latin, stare decisis means to stand by things decided. The doctrine

of stare decisis occurs in instances where a court relies upon a prior case ruling

For example: U.S first president, George Washington limited himself to only two terms as
president and set this “Precedent”. Ever since U.S presidents have followed this.

 COMMON LAW:

Common law is a body of unwritten laws based on legal precedents established by

the courts. It is also known as case law and it relies on detailed records of similar situations
and statutes because there is no official legal code that can apply to a case at hand. Written
document & codified laws are not always there. Common law judges have more authority m
the sense that they can evolve the law through precedent.

 Precedent in Common Law:

 Precedent forms the basis of the common law.

 Common law places an emphasis on precedent while allowing some freedom for
interpretation, but precedent stills plays a huge role.
 The goal of this system of law is to evaluate a case in the light of what occurred and
how those actions relate to laws that are already in place.
 The judge presiding over a case determines which precedents apply to that particular
case.
 The decisions a court makes are then used as a precedent for future cases. The example
set by higher courts is binding on cases tried in lower courts. This system promotes
stability and consistency in the legal justice system
  Lower courts can choose to modify or deviate from precedents if they are outdated or
if the current case is somehow different from the precedent case. Lower courts can
also choose to overturn the precedent, but this hardly happens.

Example: Some marriages that are cultural or traditional & does not requires license come under
common law. Their court decisions such as tax, assets etc are carried out law under common law
system. Sp precedents play a huge role in such system. (As marriage is a union that is legal and
requires a License but if a couple decides stay together but doesn’t registers their marriage or have
a marriage ceremony then it still be considered legal under common law)

Value: The value of a common-law system is that the law can be adapted to situations that were
not contemplated at that time by the legislature

 CIVIL LAW :
 A comprehensive, codified set of legal statutes created by legislators is called a Civil
law. A civil system clearly defines the cases that can be brought to court, the
procedures for handling claims, and the punishment for an offense. The civil law
system is a codified system of law.

 Precedent in Civil Law:

 Civil law systems, place much less emphasis on precedent than they do on the
codification of the law. They depend on the written status & other legal codes that
constantly updated.
 These laws are written and are to be followed by all courts.
 Most of the law is statutory law created by legislatures and not by judges following
precedent.
 Civil law jurists do not take precedent but they do serve a persuasive role.
 Civil law legal systems mostly focus on pre-trial investigation and hearings to
establish the facts, not that much on precedent.
 The judge’s role is to analyze the facts of the case and apply the legislature’s written
laws.

Example: Marriages under Civil law are dealt according to laws created by the Legislators.
All the matters of divorce, property and assets etc are presided in civil law courts according to
coded laws.