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- The main differences between civil and common law are12:
- Codification: Civil law is a codified set of laws, while common law is not codified.
- Judicial decisions: In common law, judicial precedents are binding, while in civil law, the main source is judicial precedents or case law.
- Role of judges: In common law, judges make rulings, set precedent and moderate between the conflicting parties, while in civil law, judges apply the law and do not set precedent.
- Legal actions related to criminal activity: In common law, criminal activity is considered an offense against the state, while in civil law, it is considered an offense against the individual.
- Legal actions related to claims of negligence: In common law, claims of negligence are based on the principle of fault, while in civil law, they are based on the principle of strict liability.
- Contracts and the laws governing them: In common law, contracts are interpreted according to the parties' intentions, while in civil law, they are interpreted according to the literal meaning of the words.
- Competent legal help: In common law, parties are expected to represent themselves, while in civil law, parties are expected to have competent legal help.
Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.7 Key Differences Between Common Law and Civil Law
- 1. The Role Of Legal Precedents One difference has to do with the process of setting legal precedents. ...
www.escapeartist.com/blog/7-key-differences-betw…Difference Between Common Law and Civil Law
- Codification Common Law: Common law is not codified. Civil Law: Civil law is a codified set of laws.
- Judicial Decisions Common Law: The judicial precedents are binding. ...
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