common law and continental law
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COMMON LAW
based on precedents provided by past judicial decisions.
characterised by the jury trials.
judges attempted to apply existing customs and laws to each new case.
forms a major part of the law of many countries, especially those with a history as British territories or colonies.
originally developed in historical England from judicial decisions that were based on tradition, custom, and precedent.
rules can be changed from time to time subject to the doctrine of stare decisis (principle that a question once considered by a court and answered must elicit the same response each time the same issue is brought before the courts).
until the beginning of 20th century, jurisdictions had two parallel court systems, courts of „law“ that could only award money damages and courts of „equity“ that could issue other remedies.
inductive – reasoning in individual cases leads to general rules.
principles are flexible, based on real facts, develop in individual cases.
CIVIL LAW
the grounds for deciding the cases are found in legislation.
based on written laws rather than on customs and usages.
a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges.
the general principles are embodied in national codes and statutes.
has its origins in Roman law.
is the base of the law in the majority of countries of the world, especially in continental Europe, but also in Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countries.
deductive – decisions reached by reasoning from general rules to particular cases.
general enacted principles are applied to individual cases, in time fixed principles may not correspond to changing circumstances.