Legal systems can vary significantly from jurisdiction to jurisdiction. Two primary types of legal systems are the Common Law system and Civil Law system. Understanding the differences between these legal systems is crucial for individuals seeking legal protection in different parts of the world. In this article, we will provide you with an overview of these two systems.
Common Law System:
The Common Law system is the legal system used in the United States, the United Kingdom, Australia, and Canada. It is a system where legal decisions are made by judges as they interpret the law in light of individual cases. In this type of legal system, judges will consider past cases that are relevant to the current case they are handling, and then apply the law to the current case. They use the procedure known as stare decisis, which is the principle that the decisions made in previous cases should be followed in future cases, particularly if the facts of the cases and legal principles involved are similar.
This common law system is generally not codified, meaning that the law is not written down in one central document. Instead, it is accumulated through court decisions, and this accumulation becomes the Common Law. The Common Law system tends to interpret the law in a flexible manner that takes into consideration the individual details of each case.
Civil Law System:
The Civil Law System is used in many European and Latin American countries, such as France, Germany, and Spain, among others. In this system, the law is codified in a central book or set of books, rather than relying on judicial decisions. Judges act as neutral arbiters in interpreting and applying the law, and they do not set legal precedents.
In this system, the law is seen as a set of principles that are applied to specific cases. It is a legal system that is strongly associated with civil rights, as it provides more certainty and protection for the rights of individuals. Also, the rigidity of this system ensures that laws aren’t open to interpretation, making it easier to execute judgments.
Another fundamental difference between the two charges is the nature of the evidence required to prove the case. In Civil Law systems, evidence plays a vital role, and the burden of proof is usually on the claimant. In contrast, the Common Law system places the burden of proof on the defendant.
Conclusion:
Both the Common Law and Civil Law systems have their advantages and disadvantages. The Common Law system is often viewed as more flexible, making it easier for judges to make interpretations that can better suit individual cases. On the other hand, the Civil Law system is often viewed as more rigid, ensuring that laws are applied in a more uniform manner.
Overall, the most important aspect for individuals is to be aware of the legal system in their jurisdiction, so they can protect their rights and seek legal recourse if necessary.
