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…show more content…
In an adversary system the judge and jury as decision makers have a passive role in investigating and gathering evidence and are responsible solely in deciding the case. In contrast, in an inquisitorial system the judge holds a very active role in the process, by choosing which evidence to accept and applying the law to the evidence in deciding the case. Supporters of the adversary system consider this feature as an advantage because they believe that the justice is best achieved where the decision maker is neutral, passive and impartial in deciding the case. Distinction of roles between judges and juries is a further fundamental difference between the adversarial and inquisitorial systems. In an adversarial system, there is a division of work between a judge and jury. The role of the judge is to adjudicate the issue of law and to ensure that the trial proceeds comply with the procedural and substantial laws, while the role of the jury is to adjudicate the issue of facts as served by the opposing parties based on the law given by judges. Generally, a judge will not interfere in jury’s decision making, but this approach varies subject to matters being decided in the criminal or civil cases. In civil cases, a judge has a power to set aside a decision taken by jury if such decision was not made in accordance with the applicable law. However, in criminal cases a judge does not
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