Comparison of Common Law and Civil Law

Christopher A. Ford states in his article that courts rare, create laws and he find it controversial. However, it is worth mentioning that the article mainly deals with the american and international judicial discretion. This essay will examine wether it is controversial , and whether it is rare in the english system.

The judicial system of the United Kingdom exists as a complex and intricate system of law that has been practiced, and adjusted over a thousand years to reach the point as is known in the present. The complexities of the judicial system presents itself as different variations of the legal system within the United Kingdom, where although they have their differences, they also share certain similarities between them. One such similarity is that they all hold certain requirements for Judges which exist as a centralized idea within the judicial system, as they are not entirely separated between the varying legal systems of the United Kingdom. The complexities and similarities of the United Kingdom’s judicial system will be explored through their: structure, documentation, categorization, and the requirements of judges; where all of which will create a clearer picture to better understand how these elements operate. The paper will be divided into two categories: the Judicial System, and the Requirements of Judges. First, the judicial system will be explored through it’s structure, documentation, and classification of a legal system; and secondly will move into the certain requirements that judges have in the United Kingdom. Both elements serve to essentially build a foundation that explains a clearer picture of how the judicial system of the United Kingdom practices law, and the expectations those in power hold.

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Before the contract is entered into, the business must make the other party aware of the terms that it is setting out – therefore they can see what they are entering into and decide what is right for their business, to

Before we get to know what the differences between civil and criminal law we have to understand what each of them

consensus. Civil law systems are similar Common Law. Common law forms the basis of the law in most English-speaking countries. Civil law systems in most of the rest of the world work. In line with the democratic principle of the separation of powers, the French judiciary although its members are state employees is independent of the

Common Law - Common Law is an unwritten law that is set by a precedent or by past situations.

This goes on to further prove what an influence Common Law had on the United States’ legal system throughout its development. Later on, as states have defined crimes as crimes against the state and established penalties for same, they have essentially “updated and codif[ied] the case-based results of Common Law.” (Dammer and Albanese, 2014, p. 51). Meaning, that they recognize a crime as defined in Common Law, but employ penalties to the crime that are appropriate and consistent with today’s society and norms, whilst affirming the crime as originally defined. It should be pointed out that although Common Law is based upon precedent and the United States relies heavily on Common Law influence, “U.S. judges have much more discretionary

Before the 20th century, predominant form of law in the US was the common law - judge-made law grounded in tradition and previous judicial decisions. Americans borrowed and further developed the system of common law from England, and have been using this system before written laws appeared. By the 20th century, when many social, political and economic changes happened in the country, it became necessary to pass written laws, which would regulate the behavior of every organization and individual, as well as protect people's rights and liberties. Code system is the law making system, which consists of codes regulating different issues. U.S Code is the code system, including all the laws that were ever passed by the U.S. Congress. Every state also has a penal code - codes that regulate criminal behavior. Thus, through country's development American legal system became the blend of common law and code law system.

Civil law is less flexible and more difficult to amend than common law. It relies on exact definitions that are either met or not met to fulfill certain conditions of a specific criminal offense. The common law allows judges to adapt, re-think and interpret the law to pass judgment on a case by case basis. Since common law is constantly evolving it develops together with the society that uses it.

In other civil law countries there are many aspects of the legal systems that could be evaluated for judicial practice within the United States. First of all to understand the

Legislators and administrators in civil law nations utilize these conventions to form a code by which all lawful controversies are chosen. In the United States, the term civil law has two definitions. One definition of civil law refers to a lawful system prevalent in Europe that depends on composed codes. Civil law in this meaning is appeared differently in relation to the common-law system utilized as a part of England and a large portion of the United States, which depends on earlier case law to determine disputes as opposed to composed codes. The second significance of civil law refers to the assortment of laws administering disputes between people, rather than those overseeing offenses that are public and identify with the government.

1) Six principles of most judiciary systems, as defined or implied in a resolution adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, are: independence (i.e. freedom from other branches of government r other constraints), impartiality, sole rights of jurisdiction and jurisdictional purview (the courts decide what cases they will here, and what falls under their discretion), fair and equal access, confidential in its deliberations, and with direct authority and jurisdiction over accusations of judicial misconduct (i.e. self-policing) (UN, 1985). From these principles, it is easy to determine what two primary objectives of a judiciary might exist from a socio-legal perspective. Judiciaries serve to make sure laws created are fair to society, and that these laws are fairly, equally, and impartially applied to all within the laws' jurisdiction.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.