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Common Law vs Civil Law (1 Viewer)

ayehann

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Outline the differences between the common law system and the civil law
system?
its a 7 marker...:mad1:
 
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Using Common law in the context that you want, which is the english-style legal system in contrast to the European legal system...

Umm common law or english legal system is based upon custom and tradition..the system is also adversarial whereby both parties are in 'adverse' with each other.. etc etc

civil system i believe is when they have two parties and they present their cases to a third party who will make a decision
 
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ok i take it you are talking about civil law system not civil law yeah?
theres a difference...
 

ayehann

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yeaa
i had my half yearly for legal this morning.. guess what.. this question poopped up in it haha:haha:
 

kcrocks

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There is a BIG difference between common law and a common law SYSTEM, same for civil law.

A common law system is the system we use in Australian courts (adversarial system). Features a judge, jury, legal advocates etc. The judge plays an impartial observer (as you already know) and ensures that the law is upheld. A jury finds guilt or innocence.
A civil law system is the system used in many European countries (France, Greece) (inquisitorial system). The judge plays a more active role in investigating cases, and all evidence is submitted in writing.

I have more detailed notes (this is just off the top of my head) if you need more info send me a personal message
 

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