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Main differences between common and civil law systems (1 Viewer)
- Thread starter Mikeyyy23
- Start date
Without going into the history of things ->
Type of trial- Common uses adversarial, Civil uses inquisitorial
Laws - Common is more precedent based (the common law) whilst Civil has codified laws, and so judges normally apply law without precedent.
Judge - More proactive in Civil law
Precendent - Courts in civil aren't bound by decisions of higher courts.
Sometimes in Australia, the systems have a bit of a mix though. Such as for Children's Court, they trialed a less adversarial system and how modern legislation has become more detailed and is halfway to codification anyway.
2.5 hours till exam start. Gl ppl.
Type of trial- Common uses adversarial, Civil uses inquisitorial
Laws - Common is more precedent based (the common law) whilst Civil has codified laws, and so judges normally apply law without precedent.
Judge - More proactive in Civil law
Precendent - Courts in civil aren't bound by decisions of higher courts.
Sometimes in Australia, the systems have a bit of a mix though. Such as for Children's Court, they trialed a less adversarial system and how modern legislation has become more detailed and is halfway to codification anyway.
2.5 hours till exam start. Gl ppl.