Published Jun 6, 2021
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403 words
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Summary Of Prominent Laws And Leading Cases Law- Civil Law And Common Law

Published Jun 6, 2021
2 mins read
403 words

 Diffrent countries follow diffrent legal system.there are two major legal system and they are common law and civil law. Common law system originated in England and is prevalent majorly in countries that were once British colonies like India ,usa, Canada,etc. On the other hand, civil law is predominant in Europe and other countries once colonized br France and Spain.

The system of civil law has developed through the Roman law and is primarily based on codified legislature.inquisitorial system is followed in courts to settle the dispute ,where the judge is not a silent suspectator rather responsible for discovering the facts of the cases by gathering the evidence.here attorney play a more passive role ana a judge is unbound by precedents.

The system of common law is primarily judge made law .A judge decides a dispute based on precedents rather than on codified legislature and the doctrine of stare decisis is followed.adversarial system is followed in courts to settle dispute both the parties present their cases . exchange argument and advanced evidence before a nuetral party,a judge or a jury .the judge or jury acts as a silent listener or an umpire and their main role is to evaluate the evidence,apply the appropriate law to the facts and decided accordingly 

Under the common law , doctrine of stare decoy means that lower courts are bound by previously decided cases ( or precedents) of a higher courts,where the facts are substantially the same. The decision of a higher court is binding on lower courts in the same jurisdiction only

 Civil laws applies the traditional methods, which is adopted by the common law system recently. This method is method of characterization or categorization of dispute before identifying the appropriate internal law , as such the civil law tradition is a closed system because a no. Of genral principles govern various situations while common law tradition is open because it's rules cam be generated or expanded depending on the emergence of new fact and factual ideas.

The most vital part of comparison of civil and common law is interpretetion. It is not unexpected to find  ambiguity in a rule while dealing in a case . The way in which the ambiguity is handled is very varied in two systems.

 The common law intrepts in a different manner  by stating that the status carry an objective construction depends depends on application of standing rules 

##law #clat
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ved_29 6/8/21, 3:56 PM
well written see my articls
yoge123 6/23/21, 1:20 PM
Do f o l l o w ...... I will f o l l o w you. keep doing. Well done.

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