Question

Do you see any advantage(s) to a civil law system or a common law system or a religious law system?

Explain two (2) differences between civil law systems and common law systems.

Answer 1

Advantages

Common Law

Common law expands on, clarifies and implements legislation.
It can respond to cases, situations and facts that were not foreseen or anticipated by legislators.
Common law can examine and develop responses to real life situations.
Common law provides us with consistency but it also allows for flexibility and change in law-making. Precedents can be challenged, set aside and replaced by new precedents. The courts provide ample opportunity for common law reform.

Differences between civil law systems and common law systems

1.In Common Law legal system characterized by case law, which is law developed by judges through decisions of courts and similar tribunals, whereas in Civil Law legal system originating in Europe whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law.

2.Common law in evidence taking is widely understood to be a necessary part of the litigants’ effective pursuit or defense of a claim. Litigants are given wide latitude in US jurisdictions, but more limited outside the US, whereas in Civil LawEvidence demands are within the sovereign inquisitorial function of the court — not within the lawyers’ role. As such, “discovery” by foreign attorneys is dimly viewed, and can even lead to criminal sanctions where the court’s role is usurp.