Civil & Common Law Legal Systems

Legal System

An operating set of legal institutions, procedures, and rules that exists in a country.

Civil Law

A legal system primarily based on codified statutes and legal codes, with roots in Roman law and the Code Napoleon.

Common Law

A legal system characterized by judge-made law, precedent, and a focus on the adversarial system of justice.

Islamic Law (Sharia)

A religious legal system used for matters relating to crime, marriage, inheritance, and governance in Islamic countries.

Mixed Legal System

A legal system that combines elements of civil law, common law, religious law, and/or customary law.

Codification

The process of consolidating and organizing laws into a codified statutory system, which is binding for all.

Judicial Precedent

The principle that past judicial decisions should be followed in similar future cases.

Adversarial System

A legal procedure in which two advocates represent their parties' positions before an impartial judge or jury.

Inquisitorial Procedure

A legal procedure primarily used in civil law jurisdictions where the judge is actively involved in investigating the case.

Legal Code

A systematic collection of laws designed to cover major areas of law.

Role of Judges in Civil Law

Judges primarily interpret and apply the law without creating new laws through precedent.

Common Law Features

Includes aspects like uncodified law, judge-made law, the importance of legal precedent, and an adversarial process.

Certainty and Equity

A fundamental goal in civil law systems to ensure laws are clear, complete, and coherent.

Roman Law

The foundation of civil law systems that influenced modern codified legal frameworks.

Legislation

Laws enacted by the legislative body that are considered binding in a civil law system.

Case Law

Law established by the outcome of former court cases and judicial decisions.

Higher Courts

Courts whose decisions set precedents that must be followed by lower courts.