Common Law vs Civil Law, Legal Systems explained

Common Law vs Civil Law, Legal Systems explained
by Hesham Elrafei

What's the difference between Civil law and common law?

Legal Systems, Common Law and Civil Law.

The legal systems most commonly encountered in commercial dispute resolutionو are the Common Law and the Civil Law.

Common Law is a system based on the idea of binding judicial precedent. It consists of the body of Law that developed over many years in England, based on court decisions and custom, as opposed to written codified Laws.

Colonists imported England's common Law to America, and other Commonwealth countries.

The Law originates from the legislative branch of government, and the precedents established by higher courts are binding on lower courts.

The approach in common Law is adversarial, so parties contest each other to prove their cases before a judge, who moderates the process and gives judgment.

On the other side, Civil Law system is a body of written laws derived from Roman Law and France's Napoleonic Code. It is based on interpreting a codified set of written laws and is adopted in most state legal systems, like Europe, South America, China, and the middle east.

Parliament is the primary source of Law, and the judge's role is to establish the facts of the case, and apply the provisions of applicable codes.

Trials in civil law systems are inquisitorial and fact-finding in nature, as opposed to English common law adversarial trials.

The Civil Law judge plays an active role during the trial, by questioning parties, lawyers, witnesses, and experts.

#law #internationallaw #droit #lecture #lawschool
القانون العام

[lexanimata]

*Common Law vs Civil Law, Legal Systems explained
b* y Hesham Elrafei

Legal Systems, Common Law and Civil Law.

The legal systems most commonly encountered in commercial dispute resolutionو are the Common Law and the Civil Law.

Common Law is a system based on the idea of binding judicial precedent. It consists of the body of Law that developed over many years in England, based on court decisions and custom, as opposed to written codified Laws.

Colonists imported England's common Law to America, and other Commonwealth countries.

The Law originates from the legislative branch of government, and the precedents established by higher courts are binding on lower courts.

The approach in common Law is adversarial, so parties contest each other to prove their cases before a judge, who moderates the process and gives judgment.

On the other side, Civil Law system is a body of written laws derived from Roman Law and France's Napoleonic Code. It is based on interpreting a codified set of written laws and is adopted in most state legal systems, like Europe, South America, China, and the middle east.

Parliament is the primary source of Law, and the judge's role is to establish the facts of the case, and apply the provisions of applicable codes.

Trials in civil law systems are inquisitorial and fact-finding in nature, as opposed to English common law adversarial trials.

The Civil Law judge plays an active role during the trial, by questioning parties, lawyers, witnesses, and experts.

[raakone]

And some places are hybrids/chimeras, or "bijural", if you want to be more technical. Quebec, Louisiana, and Puerto Rico, where the federal system and criminal law are all based on common law, but private civil law is civil (but they are still adversarial by nature) From what I heard, there are parts of Cameroon that are the reverse, mostly based on the French system, but "civil" cases are handled by Common Law.

Also of interest, in most civil law jurisdictions (including those that are bijural, there are two types of attorneys. You have advocates, the "lawyers" most people think of when they hear "lawyer", who handle everything "contentious." And then you have notaries, who handle certain branches that are "non-contentious", including divorces that have an agreement, and probate of uncontested wills (in Quebec, the best will to make is the type done by a notary, because it's next to impossible to contest) They're also required for mortgages, and for any buying or selling of real estate. In Quebec, it's illegal for one to be both a lawyer and a notary, but in Louisiana, it's perfectly kosher.

[IgnacioRobledoQuinteros]

Gran explicación, consisa y al grano.

[stormrider]

"No legal system can claim to be a servant of the people if it enables those who harm the people to conceal themselves under the cover of the law and receive advantages that harm the people." - Dr. Hans Frank, "The Impact of National Socialist Thinking on the German Legal System" (1934)

[gw]

The differences can be summarised by the following: In Common Law, nothing is illegal unless the law says so. In Napoleonic Law, nothing is legal unless the law says so.

[abhasiya]

Could u plz make videos on human rights too
It will b of great help

[CyberSERT]

Why are the adversarial common law cases called civil suits? Is there a link to civil law or is this a coincidence?

[sergeistarov]

Не фанат перегружать систему административного права, как во многих пост советских странах. Common law могло бы закрыть часть проблем

[Remyfication]

When i see the insane justice in the US where you can walk away from crimes just due to lawyer tricks or settling with the other party, I can only praise the civil law system actually chasing accountability and truth at all cost.

[RobertLund-dd]

If I undestand correctly -If a judge in France investigates and decides a person has broken the codified law, they are guilty. Without having the chance to defend themselves in a trial ?

[jonkline]

How many people now on probation, how many probation officers are there!?
oh

[mobiusfugue]

"All the worst ideas in history were French" - David Starkey

[tutorenglish]

You show the Union Flag for English Law. This is incorrect. You should show the English flag as the English Common Law system is different from the Scottish system but the Union Flag is for all countries in the United Kingdom. Scotland has always had a separate legal system. It is nothing to do with present day nationalist politics.

[jacekszczech]

hi Brother. My name is Jacek and I come from Poland. Last week, a uniformed corporation called the Police attacked my brother from Poland in Walsall. Ignoring all documents and explanations, they impounded his car and are threatening to lose it. We need your help, friends. The pressure we should put on this corporation should restore the right to live, breathe and use the road as a human traveler. We should act quite efficiently and we are planning a happening this weekend. Will you help?

[causticchameleon]

So no presumption of innocence in civil law and the judge, with all his biases, questions, fact finds and rules. Basically, judge, juror and executioner. No thank you. I’ll keep my common law.

[seamushopkins]

Common law. NO harm engery are lose to man x women are property ❤Common law. Maritime law contrack commers ❤

[joselutorres]

Common Law much, much better.
Yeah, LEARN COMMON LAW.
listen to Karl Lentz.