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Ari Pregen - Civil Law

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Ari Pregen - http://aripregenlaw.blogspot.com/2014/09/aripregen.html

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Ari Pregen - Civil Law

  1. 1. Common Law vs. Civil Law
  2. 2. Territory
  3. 3. 1st difference: law Common law • Case law • Based on customs Example… Civil law • Principle of legality • Based on Roman law Example…
  4. 4. 1st difference: law Common law • Case law • Based on customs Example… Civil law • Principle of legality • Based on Roman law Example…
  5. 5. 2nd difference: judges Common law • Judge and jury • trial dominated by lawyers with judge as referee Civil law • One or a panel of judges • Judge actively participates in seeking of evidence and examining of witnesses
  6. 6. 2nd difference: judges Common law • Judge uses inductive reasoning about the facts • Court may fashion an equitable remedy- one that is “fair” Civil law • Judge uses deductive reasoning • Inappropriate for Court to fashion a remedy not set forth in the Code
  7. 7. 2nd difference: judges • Disadvantages
  8. 8. Disadvantages
  9. 9. Disadvantages
  10. 10. Disadvantages
  11. 11. Disadvantages
  12. 12. 3th difference: jury Common law • Judge and jury Civil law • One or a panel of judges Disadvantages
  13. 13. Disadvantages
  14. 14. Disadvantages
  15. 15. Disadvantages
  16. 16. Advantages

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