COMPARISON:                       COMMON LAW versus CIVIL LAW SYSTEMSSystem Features:               Common Law Systems    ...
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Commonvs civillaw chart

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Commonvs civillaw chart

  1. 1. COMPARISON: COMMON LAW versus CIVIL LAW SYSTEMSSystem Features: Common Law Systems Civil Law SystemsContinuity of Legal system Evolutionary RevolutionaryMajor Source of Law Custom & Practice Legislative StatutesReliance on precedent Yes (Strong) No (Weak)Judicial role in law-making Active & Creative Passive and TechnicalRole of Legal Scholarship Secondary and Peripheral Extensive and InfluentialJudicial Review of Statutes Yes No& Executive ActionsMajor Decision Stage Trial Investigation & ExaminationTrial Format Accusatorial/confrontational Inquisitorial/collaborativeUse of Argument & Debate Extensive & fundamental modest & restrictedStyle of Legal Reasoning Inductive DeductiveTrial Emphasis on: Procedural Correctness Factual CertaintyEvidentiary Rules Formal and restrictive None (exclusionary rule) (all evidence considered)Role of lawyers during trial Primary SecondaryFunctions of lawyers Debate and oppose advise and informJudge’s role during trial Referee/umpire Director/examinerSelection of judges Political appointment from Merit advancement from practicing lawyers judicial specialistsStatus of Judges Political VIPs Mid-level civil servantsCitizen trial participation Juries (Grand & Petit) Members of Judicial PanelsAppellate review focus Procedural Procedural & substantiveUnity of Court Structure Unified Court Structure Diffused Court Structures (multiple specialized courts)

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