Ari Pregen - Civil Law
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Common Law vs. Civil Law
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Ari Pregen - http://aripregenlaw.blogspot.com/2014/09/aripregen.html
Transcript of Ari Pregen - Civil Law
Common Law vs. Civil Law
Territory
1st difference: law
Common law• Case law• Based on customsExample…
Civil law• Principle of legality• Based on Roman lawExample…
1st difference: law
Common law• Case law• Based on customsExample…
Civil law• Principle of legality• Based on Roman lawExample…
2nd difference: judges
Common law• Judge and jury• trial dominated by lawyers
with judge as referee
Civil law• One or a panel of judges • Judge actively participates
in seeking of evidence and examining of witnesses
2nd difference: judges
Common law• Judge uses inductive
reasoning about the facts• Court may fashion an
equitable remedy- one that is “fair”
Civil law• Judge uses deductive
reasoning• Inappropriate for Court to
fashion a remedy not set forth in the Code
2nd difference: judges• Disadvantages
Disadvantages
Disadvantages
Disadvantages
Disadvantages
3th difference: jury
Common law• Judge and jury
Civil law• One or a panel of judges
Disadvantages
Disadvantages
Disadvantages
Disadvantages
Advantages
How am I to judge?
