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  • CommonvsCivilLaw Chart

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    Muhammad Naguib
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    Common law systems like those in the United States and United Kingdom have legal systems that evolve through judicial decisions and rely heavily on legal precedents set in past cases. In civil law systems found in Europe and Latin America, legislative statutes are the primary source of law and judicial decisions have weaker precedential value. Common law systems emphasize procedural correctness and debate during adversarial trials, while civil law prioritizes establishing factual certainty through an inquisitorial judicial examination process.

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    Common law systems like those in the United States and United Kingdom have legal systems that evolve through judicial decisions and rely heavily on legal precedents set in past cases. In civil law systems found in Europe and Latin America, legislative statutes are the primary source of law and judicial decisions have weaker precedential value. Common law systems emphasize procedural correctness and debate during adversarial trials, while civil law prioritizes establishing factual certainty through an inquisitorial judicial examination process.

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    70 views1 page

    CommonvsCivilLaw Chart

    Uploaded by

    Muhammad Naguib
    Common law systems like those in the United States and United Kingdom have legal systems that evolve through judicial decisions and rely heavily on legal precedents set in past cases. In civil law systems found in Europe and Latin America, legislative statutes are the primary source of law and judicial decisions have weaker precedential value. Common law systems emphasize procedural correctness and debate during adversarial trials, while civil law prioritizes establishing factual certainty through an inquisitorial judicial examination process.

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    of 1

    COMPARISON:

    COMMON LAW versus CIVIL LAW SYSTEMS

    System Features: Common Law Systems Civil Law Systems


    Continuity of Legal system Evolutionary Revolutionary
    Major Source of Law Custom & Practice Legislative Statutes
    Reliance on precedent Yes (Strong) No (Weak)
    Judicial role in law-making Active & Creative Passive and Technical
    Role of Legal Scholarship Secondary and Peripheral Extensive and Influential
    Judicial Review of Statutes Yes No
    & Executive Actions
    Major Decision Stage Trial Investigation & Examination
    Trial Format Accusatorial/confrontational Inquisitorial/collaborative
    Use of Argument & Debate Extensive & fundamental modest & restricted
    Style of Legal Reasoning Inductive Deductive
    Trial Emphasis on: Procedural Correctness Factual Certainty

    Evidentiary Rules Formal and restrictive None


    (exclusionary rule) (all evidence considered)
    Role of lawyers during trial Primary Secondary
    Functions of lawyers Debate and oppose advise and inform
    Judge’s role during trial Referee/umpire Director/examiner
    Selection of judges Political appointment from Merit advancement from
    practicing lawyers judicial specialists
    Status of Judges Political VIPs Mid-level civil servants
    Citizen trial participation Juries (Grand & Petit) Members of Judicial Panels
    Appellate review focus Procedural Procedural & substantive
    Unity of Court Structure Unified Court Structure Diffused Court Structures
    (multiple specialized courts)

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