Common laws are laws that are in verbal form and traditionally used from old age. Of course, they are modified with time as needed. But they exist nowadays with the need for society’s entire world’s jurisdiction system to have diversity. As a result, some of the countries use common law, and some others use civil laws. But a few countries also use both of them. At this stage, you might wonder how it is possible! Yes, it’s possible. Because of the traditional crimes like assault or injury, they use common laws. And for the modified modern crimes or the complex crimes, they usually use civil Laws.
What is Common Law?
Common Laws are also known as case law. They are in verbal form and used to be established by the court from time to time.
They are present nowadays—such as Common marriage Law. Common law is used in a few countries. they are-
- Australia
- Hong-kong
- Canada
- New Zealand
- United kingdom
Usually, common Law is established by the judicial decisions over time.
What is civil law?
Civil law originated from medieval England. These are the laws that have codes and are structured with local culture and society. 60% of whole countries are using Civil law as their primary jurisdiction system. Common-Law and Civil law historically are of different sources. This is the main difference between them.
Standard Law system Vs Civil Law system
Standard Law system follow
- Unwritten source.
- The decision is made of judicial thought. Their judgment is the final judgment.
- The stronger and the weaker shows much difference and can be influenced.
- Common Laws originate from medieval England.
- Judicial decisions are not made alone. Instead, it requires a group of judicial persons.
- Have the freedom of contract.
- Sometimes needs to be modified and create private law.
The Civil Law system follows
- The constitution is written from.
- The freedom of contract is limited.
- The administrative and constitutional form is the primary decision.
- No influence.
- Strict to rules and codes.
As I have mentioned before, you have already realized that common law and civil law have significant differences. And they have no relations between them. The countries that use common law first try to apply common law; if the case is different and can’t be solved with the customary law, they have to make a new law according to the situation and apply it.
On the other hand, Civil law is already strict as it’s in written form and doesn’t give any chance to influence the decision. So the judgment would be written in the constitution.
Act of Lawyer
As the common law is a form of cultural regulation, it is easy to justify. But harder to handle any types of cases. So the ordinary law convict needs to hire a more robust background lawyer like common law Saskatchewan as the decisions are creative and can change the case’s path at any time. A skillful hand can support the chance to get the proper judgment. But any unskilled hand in common law would end the issue at an end corner because a lousy impression and illogical statement may influence the hearings a lot.
Civil law lawyers are knowledgeable about the constitution. They memorize the codes and laws which they need to apply. A well-reputed lawyer must have good knowledge of the form, and he knows where to apply them. But if you know the whole body but do not know where to use it, then all the hardworking would go in vain. So the civil lawyers raise the codes which can support and defend their client.
Endnotes
The common law originates from the old times, but it has been furnished over time and shaped by culture. So this can adapt with time and modification. But the civil law is much more strict and works with its penal codes. However, it has a vast working field. To change civil law requires justification and so many complexes once it’s established. So it’s harder to change and adapt over time to time.