How does civil law differ from common law?
Civil law and common law are two distinct legal systems used in the United States. Civil law is based on a set of codified laws that are written into the state’s legal code. Common law is based on precedents set in previous judicial decisions. In New Hampshire, civil law is mainly derived from the “Rights, Powers, and Duties of Persons” and the “Rights and Duties of the Landlord and Tenant” as set forth in Chapter 522 of the New Hampshire Revised Statutes Annotated. This set of codified laws spells out the rules and regulations for individuals and businesses when it comes to contracts, property rights, and family law. Common law is mainly derived from the decisions made by the state’s courts. When an individual appears before a court, that court will rely on former judicial decisions to determine the outcome of the case. These decisions are then used as precedent in future cases, making common law an evolving process. In summary, civil law is primarily based on a set of codified laws, while common law is mainly based on previous judicial decisions. Civil law is based on state statutes, while common law is based on the decisions of the courts. This means that civil law is much more black-and-white and predictable, while common law is designed to be more flexible and evolving.
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