Civil Law vs. Common Law — What's the Difference?
By Tayyaba Rehman — Published on October 20, 2023
Civil Law is based on codified statutes, while Common Law is based on precedents set by court decisions.
Difference Between Civil Law and Common Law
Table of Contents
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Key Differences
Civil Law is a legal system rooted in written codes and statutes. Common Law, on the other hand, relies heavily on judicial decisions and precedents. While Civil Law gives precedence to legislations crafted by the legislative branch, Common Law is molded by the judiciary through its interpretations of previous case law.
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Oct 20, 2023
In Civil Law systems, judges often act as investigators to uncover the truth. In Common Law systems, judges act as neutral arbiters between opposing parties. While Civil Law judges may actively guide the trial, Common Law judges mainly ensure fair procedures are followed.
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Oct 20, 2023
Civil Law jurisdictions provide a comprehensive set of rules for various situations in written form. In contrast, Common Law jurisdictions often refer back to previous court rulings to guide and determine the outcome of present cases. This means in Civil Law, legislation is primary; in Common Law, judicial decisions take precedence.
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Oct 20, 2023
Civil Law often provides a clear set of guidelines for judges to follow. Common Law, however, requires judges to use their judgment based on previous case rulings. This difference can lead to more predictability in Civil Law jurisdictions, whereas Common Law can be more flexible and adaptive to unique situations.
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Comparison Chart
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Role of Judges
Investigators, guiding the trial
Neutral arbiters, ensuring fair procedures
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Flexibility
More rigid due to codification
More adaptable due to reliance on precedents
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Legal Decisions
Based on written laws and codes
Based on previous case rulings
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Definitions
Civil Law
A systematic collection of rules and regulations organized into codes.
The Napoleonic Code is a famous example of Civil Law.
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Common Law
A legal system based on judicial decisions and precedents.
The United States predominantly uses a Common Law system.
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Civil Law
The area of law that covers non-criminal disputes.
If you sue someone for breach of contract, it's a Civil Law matter.
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Common Law
A body of law developed through court decisions, rather than statutes.
Under Common Law, judges look to previous cases to make their rulings.
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Civil Law
The opposite of criminal law, dealing with private rights and remedies.
Civil Law seeks compensation for the injured party, rather than punishing the wrongdoer.
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Common Law
The opposite of statute law, often adaptable to changing circumstances.
Through Common Law, judges can interpret the spirit of the law in unique situations.
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Civil Law
A legal system based on written codes.
Many European countries follow Civil Law systems.
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Common Law
Unwritten laws based on customs and judicial decisions.
Common Law practices have evolved over centuries based on societal norms.
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Civil Law
A body of law governing disputes between private individuals.
Civil Law cases might include contract disputes or personal injury claims.
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Common Law
A system where legal principles are derived from judicial decisions.
In Common Law jurisdictions, landmark court cases can shape legal doctrine for years.
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FAQs
Is the U.S. a Civil Law or Common Law country?
The U.S. predominantly follows a Common Law system.
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Why is Civil Law often more predictable than Common Law?
Civil Law is based on written codes, providing clear guidelines, while Common Law relies on case-by-case decisions.
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How did Common Law originate?
Common Law originated in England and evolved from judicial decisions over centuries.
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Which countries primarily follow Civil Law?
Many European countries, such as France and Germany, follow Civil Law systems.
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Oct 20, 2023
What is Civil Law?
Civil Law is a legal system based on written codes and statutes.
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Oct 20, 2023
In which system do judges play a more active role during trials?
In Civil Law systems, judges often play a more investigative and active role.
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Oct 20, 2023
How does Civil Law differ from Common Law?
While Civil Law is codified and written, Common Law is based on judicial decisions and precedents.
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Can both Civil Law and Common Law exist in one country?
Yes, some countries incorporate elements of both systems, known as mixed jurisdictions.
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Are contracts typically governed by Civil Law or Common Law?
Contracts can be governed by either, depending on the jurisdiction and the specific terms of the contract.
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Does Common Law change over time?
Yes, Common Law can evolve as courts set new precedents and reinterpret old ones.
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Can a legal decision in a Common Law system affect future cases?
Yes, in Common Law systems, judicial decisions can set precedents that influence future cases.
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Is tort law typically a part of Civil Law or Common Law?
Tort law, dealing with wrongs that are not breaches of contract, is a component of both, but its development is heavily rooted in Common Law.
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What is the primary source of law in Civil Law systems?
The primary source in Civil Law systems is codified statutes.
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What's the significance of the Napoleonic Code in Civil Law?
The Napoleonic Code is a foundational Civil Law code that influenced many other countries' legal systems.
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How are legal principles derived in Common Law?
In Common Law, legal principles are derived from judicial decisions and the interpretation of those decisions.
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Oct 20, 2023
Author Spotlight
Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
