This is a brandnew presentation how explains some of the many differences you can encounter between the common and civil law. To view the animations you have to download the file.
3. 1st difference: law
Common law Civil law
• Case law • Principle of legality
• Based on customs • Based on Roman law
Example… Example…
4.
5.
6. 1st difference: law
Common law Civil law
• Case law • Principle of legality
• Based on customs • Based on Roman law
Example… Example…
7. 2 nd difference: judges
Common law Civil law
• Judge and jury • One or a panel of judges
• trial dominated by lawyers • Judge actively participates
with judge as referee in seeking of evidence and
examining of witnesses
8. 2 nd difference: judges
Common law Civil law
• Judge uses inductive • Judge uses deductive
reasoning about the facts reasoning
• Court may fashion an • Inappropriate for Court to
equitable remedy- one that fashion a remedy not set
is “fair” forth in the Code