How does civil law differ from common law?
Civil law is a type of law that differs from common law in many ways. In civil law, the ruling of a judge is based on a specific law or set of laws established from previous decisions, as opposed to relying on interpretations of past cases. Common law, on the other hand, is based on past rulings and interpretations of the law. In Colorado, civil law is regulated by the Colorado Revised Statutes (C.R.S.). These statutes provide the basis for the laws that are interpreted by the court system. The court will then interpret and apply these laws to the facts at hand in a particular case. This process is known as “stare decisis” and is used in both civil and common law. The differences between civil law and common law become more noticeable once a case progresses to a court of law. In civil law, the court takes a narrow and strictly literal interpretation of the law while common law allows for a more flexible approach based on discussions, debate and written opinions of previous court decisions. Another difference between civil law and common law is the notion of precedent, which is more heavily relied on in the common law system. In civil law, there is no precedence and once a court’s decision has been made, it is considered to be the end of the matter and cannot be overturned. Civil law is designed to be a more efficient and direct way of addressing legal issues while common law allows for more flexibility and interpretation based on precedent.
Related FAQs
What is a motion to set aside a judgment in civil law?What is a garnishment in civil law?
How does a court decide a civil lawsuit?
What is a motion for a new trial in civil law?
What is a settlement conference in civil law?
What is a pre-trial conference in civil law?
What is a wrongful termination in civil law?
What is the difference between an injunction and an order in civil law?
What is arbitration in civil law?
What is a cause of action in civil law?
Related Blog Posts
What Students Need to Know About Civil Law and Its Impact on Society - July 31, 2023Understanding the Basics of Civil Law and Its Role in Business - August 7, 2023
Exploring the Principles of Civil Law - August 14, 2023
Learning How to Effectively Use Civil Laws - August 21, 2023
Facts About the Differences Between Civil and Criminal Law - August 28, 2023