The common law developed before creating a body of laws established by legislative authority. The use of common law was widespread in England, but its use has been replaced with civil law in civilian jurisdictions in most countries. However, common-law systems are still used today in some countries.
Law is the body of rules and principles that govern the behavior of individuals in a specific geographical area. It also has many different types of law with varying types of legal systems. This article will cover common law, how it’s different from civil law, and how it’s still used worldwide.
What Is Common Law?
Today, there are a large number of nations using a legal system known as common law. What is common law, precisely? According to a Civil Attorney Atlanta, common law, also known as case law, is not strictly governed by a legal code but rather by the written decisions of judges. As a result, common law systems have fundamental, unwritten laws derived from court rulings in particular cases. Judges play a very important role in the common law system because laws there are not codified sets of legal statutes but rather arise from judicial decisions.
The English legal system before the adoption of civil law must also be included in a common law definition. Common law was the main legal system in England before the civil (or statutory) courts were established there. Under common law, individuals could appeal to a judge for a ruling on their case, and this court would decide both civil and criminal cases. Thus, common law is generally at odds with civil law.
Understanding Common Law
A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, is built upon precedent. An important characteristic of common law is that each judge considers the facts of a case when making judgments and can base their decisions on earlier cases.
Another aspect of common law is that people are generally charged with a crime to determine whether they are guilty. In this way, people are put into an adversarial process where their guilt is determined by a judge instead of by a jury, as in civil law systems.
Features of a Common Law System
The following describes the features of common law legal systems:
- Judges interpret statutes: Common law is a system in which judges interpret and apply statutory law. Unlike civil law systems, written laws are less important in common law than in civil law countries.
- Precedent-based decisions: Common law is a system based on the concept of precedent; judges rely on previous court cases to make their rulings. This ensures that similar cases will be ruled on similarly with similar results.
- Appeals process: The appeal process in common law systems is much more extensive than in civil law systems. In both types of legal systems, a jury makes the final decision on a case, but in civil law, juries cannot make independent decisions and must follow previous court rulings.
- Criminal trials: In common law systems, crimes and offenses must be proven by the evidence before the court can punish them. Statutes will determine penalties if someone is found guilty of a criminal offense in a civil law system and may require no further proof.
- Adversarial court system: In common law systems, the case needs to be defended by opposing attorneys. That ensures that the prosecution and defense have equal power. Civil law countries do not allow defendants to have attorneys at all because these systems are based on the concept of a prosecutor who represents “the people.”
How is Common Law used today?
Today, common law is still used in several countries around the world. Those countries that use common law include:
- The United Kingdom
- The United States
- Australia
- Canada
- India
- South Africa
- Nigeria
These countries continue to use common law today for several reasons. Some common law countries adopted their current legal system many years ago and have kept it the same. These countries continue to use common law today for several reasons. Some common law countries adopted their current legal system many years ago and have not changed it. For example, a personal accident lawyer in Arizona continues to use common law because their legal system is part of their national identity, even though it may be outdated or inappropriate for the country in question.
Others may still use common law because they enjoy the prestige of having an independent court system, even if their legal system is not as modern as those used in other parts of the world.
How Does Common Law Differ from Civil Law?
Both common law and civil law are two different types of legal systems still used in some places around the world. Common law is more prevalent in countries such as the United States, Canada, Australia, and England than in countries such as France or Italy.
In many common law jurisdictions, judges can interpret laws based on earlier decisions or legislation. This system relies heavily on the ability of judges to come up with a ruling when facing disputes in a particular case.
In contrast, civil law relies on codes and statutes which prescribe punishment for certain actions or behaviours. Civil law is more of an adversarial system than common law, as a judge has to prove the crime to convict someone of a civil offence.
Conclusion:
Thus, common law is generally at odds with civil law. Common law focuses on protecting individuals and has a more adversarial process for judging cases. Common law judges base their decisions on precedent; this means that similar cases will be ruled on in the same way with similar results.
Importantly, common law is an independent legal system that can be used in many countries and cultures worldwide, including today in America and Australia. While common law may not be as modern or widely used as civil law systems, it is still an important part of our legal system, especially in England and Canada.
About The Author
Michelle Joe
Michelle Joe is a blogger by choice. She loves to discover the world around her. She likes to share her discoveries, experiences, and express herself through her blogs. You can find her on twitter
