Comparison between

Major legal systems

Comparison Between Common
Law and Civil Law
 Comparison between Civil and Common Law
Civil Law
Legal System Legal system originating in Europe whose
most prevalent feature is that its core
principles are codified into a referable system
which serves as the primary source of law.
Role of Chief investigator; makes rulings, usually non-
judges binding to 3rd parties. In a civil law system,
the judge’s role is to establish the facts of the
case and to apply the provisions of the
applicable code. Though the judge often
brings the formal charge.
Countries Spain, China, Japan, Germany, most African
nations, all South American nations (except
Guyana), most of Europe
Constitution Always
Common Law
Legal system characterized by case law,
which is law developed by judges through
decisions of courts and similar tribunals.
Makes rulings; sets precedent; referee
between lawyers. Judges decide matters of
law and, where a jury is absent, they also
find facts. Most judges rarely inquire
extensively into matters before them,
instead relying on arguments presented by
the part
United States, England, Australia, Canada,
India
Not always
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Civil Law
Precedent Only used to determine administrative of
constitutional court matters
Role of jury In cases of civil law, the opinion of the jury
may not have to be unanimous. Laws vary by
state and country. Juries are present almost
exclusively in criminal cases; virtually never
involved in civil actions. Judges ensure law
prevails over passion
History The civil law tradition developed in
continental Europe at the same time and was
applied in the colonies of European imperial
powers such as Spain and Portugal.
Common Law
Used to rule on future or present cases
Juries are comprised only of laypersons — never
judges. In the U.S., juries are employed in both
civil and criminal cases. Their function is to weigh
evidence presented to them, and to find the facts
and apply the law.
Common law systems have evolved primarily in
England and its former colonies, including all but
one US jurisdiction and all but one Canadian
jurisdiction. For the most part, the English-
speaking world operates under common law.
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Civil Law Common Law
Sources of 1. Constitution 2. Legislation – statutes and 1. Constitution (not in the UK) 2. Legislation –
Law subsidiary legislation 3. Custom 4. International Statutes and subsidiary legislation 3. Judicial
Law precedent – common law and equity 4. Custom
5. Convention 6. International Law
Type of Inquisitorial. Judges, not lawyers, ask questions Adversarial. Lawyers ask questions of witnesses,
argument and demand evidence. Lawyers present demand production of evidence, and present
and role arguments based on the evidence the court cases based on the evidence they have gathered.
of lawyers finds.
Evidence Evidence demands are within the sovereign Widely understood to be a necessary part of the
Taking inquisitorial function of the court — not within litigants’ effective pursuit or defense of a claim.
the lawyers’ role. As such, “discovery” by foreign Litigants are given wide latitude in US
attorneys is dimly viewed, and can even lead to jurisdictions, but more limited outside the US.
criminal sanctions where the court’s role is
usurp.
Geographical expansion of Civil and Common law
Thank you.