How does civil law differ from common law?
Civil law, which is practiced in California, is different from common law in several ways. First, common law relies on previous court decisions, or case law, to decide current court cases. This means that if a law isn’t addressed in a certain case, then it doesn’t exist. In contrast, civil law is based solely on written codes and statutes, rather than binding case law. This means that when a law isn’t addressed in a code or statute, it doesn’t exist. Another difference between civil and common law is that in civil law, the judge’s opinion is not relevant. This is because the judge’s role is mainly to interpret the law, and not to determine the outcome of the case. On the other hand, common law judges are expected to use their own ideas and views when making decisions. In addition, civil law is based on procedures that are intended to be straightforward and consistent. This is in contrast to common law, which does not have any set rules of procedure. Instead, common law relies on the facts of the case, as well as the judge’s experience, to determine how the case should be handled. Finally, civil law is based on the principle of stare decisis, which means that prior court decisions may be used as a precedent for similar cases. In contrast, common law does not follow this principle, and each case is decided on its own merits. In conclusion, civil law and common law differ in several ways, including their sources of law, the role of the judge, procedures, and the principle of stare decisis.
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