CIVIL LAW AND COMMON LAW SYSTEM

Legal system in countries around the world generally fall into one of two main categories common law system and civil law system, there are roughly 150 countries that have what can be described as primarily civil law system, whereas there are about 80 common law countries. The main difference between the two system is that in common law countries, case law in the form of published judicial opinions is of primary importance whereas in civil law countries, codified statutes predominate. But these division are not as clear-cut as they might seem. In fact, many countries use amix of features from common law and civil law systems.

There two differences between civil law and common law system, viewed from the historical origins and roles of a lawyer and judge in each system as follows, the original sources of the common law system can be traced back to the English monarchy which used to issue formal orders called “writs” when justice needed to be done. Because writs were not sufficient to cover all situations, courts of equity were ultimately established  to hear complaints and devise appropriate remedies based on equitable principles taken from many sources of authority (such as Roman law and natural law). As these decisions were collected and published, it became possible for courts to look up presidential opinions and apply them to current cases and thus the common law developed. Whereas civil law in other European nations, on the other hand is generally traced back to the code of laws compiled by the Roman Emperor Justinian around 600 C.E. Authoritative legal codes with roots in these laws (or others) then  developed over many centuries in various countries, leading to similar legal systems each with their own sets of laws.

Roles of a lawyer and judge in each system in Civil law, judges are often described as “investigators.” They generally take the lead in the proceedings by bringing charges, establishing facts through witness examination and applying remedies found in legal codes. Lawyers still represent the interests of their clients in civil proceedings, but have a less central role as in common law systems.  

In contrast, in a Common law, lawyers make presentations to the judge (and sometimes the jury) and examine witnesses themselves. The proceedings are then “refereed” by the judge, who has somewhat greater flexibility than in a civil law system to fashion an appropriate remedy at the conclusion of the case. In these cases, lawyers stand before the court and attempt to persuade others on points of law and fact, and maintain a very active role in legal proceedings. And unlike certain civil law jurisdictions, in common law countries such as the United States, it is prohibited for anyone other than a fully licensed lawyer to prepare legal documents of any kind for another person or entity.

-----------------------------------------------------------------------------------------------------------------