Answer to Question #233080 in Management for Bob

Question #233080

Discuss and compare the Civil law system and common law system?


Answer should not be less than 1000 words


1
Expert's answer
2021-09-07T00:24:02-0400

The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate.

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.

Common law is also known as case law and is of two types – one where judgments passed become new laws where there are no statutes and the other where judges interpret the existing law and determines new boundaries and distinctions. Apart from common law and statutory law, there are also the regulatory laws framed by various government agencies that have the authorization to do so once statutes are created by the legislature.

Statutory laws can be passed by various government agencies of a country. Thus, there are laws passed by federal and state governments, ordinances passed by towns and cities all having the power of law. New laws are issued to meet the needs of the citizens, to resolve outstanding issues, and to formalize an existing law.


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