What is the difference between common law and civil legal systems?

Answer 1

There are too many differences to count, but they are the two most common legal systems in use in the west. I noticed many people answering this question with the assumption that you are talking about two facets of the American legal system, but this is a misunderstanding of both the question and the answer. The common law and civil law traditions comprise two entirely different legal systems. The United States operates under a common law system, although in some states the family code is based on the old Spanish system of property division. Much of the rest of the west uses a civil system.

In a nutshell, the former is derived from English common Law, which is itself largely based on court precedents and some ancient germanic and nordic traditions. (The jury, for example, comes to us from the Scandinavian vikings.) The latter derives from the old Roman Civil Codes. The former is in use throughout the old British Commonwealth countries as well as the United States. The civil system is, on the other hand, the system of choice in Western Europe and latin America. Common law systems rely heavily on precedents set by the courts. Civil systems tend to be organized into legal codes and are less reliant on precedent.

In the criminal context, one of the primary differences is that English common law places the burden of proof on the State, while systems based on the civil code tend to place that burden on the defendant.

Answer 2

Civil law is the legal system of written (codified) laws, whereas common law is developed by judges or decisions from the bench. In a common law jurisdiction (such as the US, Canada, and the UK), greater weight is placed on the precedent, or cases that have gone before. In the civil system, greater weight is placed on the written statutes.

Answer 3

Common Law is the body of Law created by prior cases.

Civil Law is disputes among citizens.

There is some overlap. Some civil law is common law.

The opposite of common law is "statutory law", what the legislature has created. Some of that is civil, some is not.

The opposite of civil law is "criminal law", where the government is a party to the proceedings.

Answer 4

Common law refers to the body of legal decisions made by British and American courst over a period of time. Such a decision is considered law, common law.

Civil law is law passed by legislative bodies

Answer 5

They have no difference as they are two different concepts.

In law we have 2 types of law...civil or criminal...if its not criminal it is always civil

Common law just refers to law that is court made as opposed to made by a legislative body....example common law marriage is one that the legislature did not pass a law...it is where a court proclaims two people married based on their conduct...

Answer 6

Many books have been written on this subject.
Here's a start:

Civil law jurisdictions have their laws organized into codes, put more emphasis on tradition and practice, and less emphasis on court precedents.