How does civil law differ from common law?
Civil law and common law are two distinct bodies of law with different origins and goals. Civil law, also called continental or Roman law, originated in Continental Europe and is based on the idea of codified law. This means the law is established by a legislative body and set in written form, which is then applied uniformly to all cases. Common law, on the other hand, is based upon the English system of law which relies upon court decisions and precedent to develop its rules. In Pennsylvania, civil law applies to matters such as family law, property disputes, and crimes that are considered less serious than felonies. Common law is applied in criminal cases, contract disputes, and tort cases. One of the main differences between civil law and common law is the role of a judge. In civil law, judges play a largely passive role, applying the law as it is written. In common law, judges are much more active, interpreting the law and making rulings on the merits of a case. In civil law, punishments tend to be less severe than those for similar cases under common law. For example, under civil law, a person who commits an assault may be punished with a fine or community service, while the same act committed under common law may result in imprisonment. Overall, civil law and common law differ in terms of their application and overall goals. Civil law is based on uniformity and codification, while common law relies on court decisions and precedent to formulate rules and punishments.
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