Differences and Similarities between the Civil and Common Law Judicial System

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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.
There are many differences as well as similarities between the civil and the common law judicial
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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.
There are many differences as well as similarities between the civil and the common law judicial system, but the scope of this essay will be mainly focused on fundamental differences between the civil and common law judicial systems between so-called adversarial and inquisitorial systems, the different roles of judges and juries, attorneys, parties, and witnesses, the different emphasis in the structure of trials, and different strategies to optimize finding of truth and solving controversies. In conclusion, this essay will identify criticisms and advantages of each system.
One of the main fundamental differences between the civil and common law systems relies on the sources of law and its compilation. In the civil law system the main principles and the rules are codified in a code that are considered as the primary source of law
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