First of all, I would like to give some information about Civil law. Civil Law or Roman Law is second well-known legal system in the Western World which is obtained from the Roman Empire. The Civil Law system described a system whereby the law of the land gains from the civil authority or the state. In general, Civil law was intended to avoid future debates and guide behavior or when that guidance failed, to set forward the penalties or restore that would be available for the failure to so bear. The Civil Law system is still the foundational system in many parts of the world, including continental Europe and Latin America.Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. Moreover, civil law is the branch of law handling with debates between individuals and companies in which victim may be awarded by compensation. For example, in a car crash victim claims damages against the driver for injury sustained in an accident and this will be a civil case. As for common law, it is the body of law which developed by judges through decisions of courts and similar tribunals, rather than from statutes or constitutions. In this system of law past cases and their decisions are depended on to resolve what the outcome have to be in a present case. This application of past decisions to present cases is called precedent . (Wikipedia 2010)
Difference between civil and common law systems In general, civil law systems differs from common law systems in many ways. First of all, if we look in history, common law was developed by custom, beginning before there were any written laws and continuing to be applied by courts while civil law developed out of the Roman law of Justinian's Corpus Juris Civilis. Moreover, in Civil law systems, laws set the general principles of the law particularly by stating them; the courts then make their own explanation of those general principles once again in each case to arrive at conclusions about how those general principles translate into details. Civil and common law systems also different in criminal procedure. In fact, in civil law system plays a more active role in verifying the facts of the case. Besides that civil law countries examine main crimes by using the inquisitorial system. Moreover, civil law systems rely much more on written argument than oral argument.
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