How does civil law differ from common law?
Civil law and common law are two distinct forms of legal systems, and they have key differences. Civil law is based on a comprehensive, codified set of laws that are collected and published in books. These laws are established and enforced by a central government, and they are organized into topics, such as criminal, family, and business law. Common law, on the other hand, is based on legal decisions made by judges and court opinions. These decisions are typically written down and establish a body of legal precedent. A judge will review a case and use past court decisions to decide how to proceed. In some states, such as Kansas, common law and civil law systems are both used. The most obvious difference between the two systems is the source of authority. In civil law, the ultimate source of authority is a legislative body, such as the state legislature in Kansas. In common law, the ultimate source of authority is the court decisions of the past. The types of cases that each system deals with also differ, as civil law generally handles cases that involve contracts, torts, property, and family law. Common law is primarily used in cases involving criminal law, though it can also be used to resolve civil disputes. Overall, civil law and common law differ in the source of authority and the types of cases each system deals with. In Kansas, both systems are used, so individuals must be aware of which system applies in any given situation.
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