How does civil law differ from common law?
Civil law and common law are two different types of legal systems used in Oklahoma and the United States. Civil law is based on written codes that are applied consistently and are regulated by government or other official bodies. Common law is based on the decisions of judges and is used mainly in the area of private law. Generally, civil law governs areas such as contracts, family law, and property law while common law governs criminal law and torts. In Oklahoma, civil laws are passed by the legislature and are codified in the Oklahoma Statutes. Common laws developed through court decisions, known as “case law”, and are often found in law books or legal treatises. In civil law, legal disputes are usually resolved through a court process where the parties involved in the dispute present evidence to a presiding judge. The judge then applies the appropriate law to the evidence and makes a decision based on the applicable law. Common law relies on the decisions of juries and judges over many years. This means that older cases, known as precedents, must be followed. In civil law, the written legal codes are clear and consistent, but can be difficult to interpret in specific cases. Common law, while more flexible than civil law, can be both uncertain and inconsistent due to its reliance on precedents. Thus, civil law and common law differ in their approaches to resolving legal disputes. Civil law relies on written codes to make determinations while common law relies on courts to make decisions based on past decisions. Both systems are used in Oklahoma and have their own benefits and limitations.
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