Common Law vs Civil Law: What Is The Difference?
Dec 26, 2020
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As lawyers and common people, you should have come across the common law vs civil law debate. There are quite a few differences between these two laws. We will look into it briefly in this article.
If you want to know about common law in Saskatchewan, you must know how it distinguishes it from civil law. So, where should you go with your case? Should you seek the assistance of a lawyer practicing common law or civil law?
Here is the answer to all these questions.
The Historical Difference between Common Law and Civil Law
There is a major difference between the two types of law. On the one hand, criminal law cases are judicial opinions published by the law and order of the country. On the other hand, civil law cases are dominated by statutes that are codified. However, it is not as easy as it seems to understand the differences between common law and civil law.
It can be useful to know the historical difference before jumping into the technical ones.
The common law goes way back to the English monarchy age. During that time, law and order were practiced through issuing “writs” as case judgment. These writs were not sufficient to adjudge different kinds of case situations.
Therefore, they started using different sources of law and arrange to hear of cases. Each time a judgment was made, all the information was documented and published. This way, common law was formed eventually.
On the other hand, civil law can be traced back to the old Roman days. The root of this law was developed centuries ago. Once their initiation, the civil law has gone through numerous changes and developments for centuries from different countries to reach its current stage.
Now that you know the basic root of the 2 types of law, you can easily understand the technical differences.
Common Law vs Civil Law: Technical Differences of the 2 Systems
There are some key contrasting factors between the two systems of law. Here is a thorough understanding of the two.
Defining the terms
Judges and judicial tribunals create common law. The law is written. This written law came from previous similar cases. In modern times, judges and lawyers usually look into the common law to better decide on the judgment. The legal precedents influence and assist the decision-making process of modern judges.
In comparison, civil law is much simpler. It is focused on the regular disputes between people in the local community. The law was originated from central Europe. As the law settles private disputes or community-based problems, it does not handle any religious, criminal, or military affairs.
The role of lawyers
Under civil law, judges are basically the investigators. They will do everything in a civil case. They will bring the charges, present evidence, and verdict on the remedies. The main objective of civil law is to resolve day to day disputes of the community members.
There are still lawyers who will represent their clients in the court in the civil law system. However, the functions of a lawyer are much less than those of the common law system. Here, lawyers have very little scope of oral argument and presentation of evidence in court.
Moreover, other non-litigation works involving contract and will drafting are handled by quasi-legal professionals. These professionals are basically business owners who may not have any legal education after completing university.
The common law of a country is just the opposite. Here lawyers play a very important role. They have the opportunity to gather evidence, file cases, and present the case on behalf of their clients. All these activities are then checked by the judge, who then provides a verdict on the case.
The act of gathering and presenting pieces of evidence can be undertaken in the common law system. Lawyers stand in the court in front of the judge to persuade them with a logical portrayal of facts and events. Therefore, unlike the civil law system, lawyers play a significant role in the common law system.
Conclusion
Common law vs civil law is a very common confusion in people’s heads. The main doubt comes from which law your case may fall under. You should remember that your case will be taken into civil law when it is more of a daily issue. In the common law system, the judge will decide on the outcome of the case from previous similar incidents.