Civil vs Common law

Major source of law (Civil)

Legislative statuses (systematic codes)

Reliance on judicial precedence (Civil)

Weak (persuasive authority)

Judicial role in making or applying law (Civil)

Passive and technical

Judicial reviews of laws (Civil)

No (or very limited)

Role of legal scholarship (Civil)

Extensive and influencial

Mode of legal reasoning (Civil)

Deductive

Courtysystem structure (Civil)

Some specialised courts or appellate chambers

Decisional stage (Civil)

In any one of several hearings (during ongoing investigation and examination, but criminal cases may require a full trial)

Style of trial (Civil)

Collaborative (“inquisitorial”)

Emphasis on procedural rules (Civil)

Factual certainty

Evidentiary rules (Civil)

Permissive (all relavant evidence is concidered)

Appellate review (Civil)

de novo review (all questions of law or fact can be reviewed on appeal)

Role of judge (civil)

Manager and examiner

Role of lawyers in proceedings (Civil)

Participatory:

-advise and inform the court

-suggest applicable law to judge

-debate a oppose legal arguments

-not primary examiners of witnesses

Witness testimony (Civil)

Not formally affiliated with either party, examined primarily by the court

Participation of experts (Civil)

One expert selected by court, not by parties

Lay participation in court decisions (Civil)

Lay “judges”, members of judicial panels, participating in final decision

Major source of law (Common)

Court decisions (also statutes)

Reliance on judicial precedent (Common)

Strong (legal authority)

Judicial role in making or applying law (Common)

Active and creative

Judicial review of laws (Common)

Yes (widespread in US, less in ENG)

Role of legal scholarship (Common)

Secondary and peripheral

Mode of legal reasoning (Common)

Inductive reasoning

Court system structure (Common)

Primarily a unified court system

Decisional stage (Common)

At conclusion of a single concentrated trial event

Style of trial (Common)

Confrontational (“adversarial”)

Emphasis of procedural rules (Common)

Procedural correctness

Evidentiary rules (Common)

Restrictive (relevant evidence is sometimes excluded because of a “rule of evidence”)

Appellate review (Common)

Only questions of law may be reviewed (for legal error only)

Role of judge (Common)

Referee between the parties

Role of lawyers in proceedings (Common)

Central:

-investigate and present facts

-present and argue applicable law

-debate and oppose legal arguments

-are sole examiners of witnesses

Witness testimony (Common)

Prepared partisans examined by lawyers (“coached”)

Participation of experts (Common)

Selected by parties (“battle of experts”)

Lay participation in court decisions (Common)

Lay juries, deciding questions of fact