What are the differences between civil law and common law?
Civil law and common law are the two major forms of law used in the legal systems of different countries. In the United States, civil law and common law are typically used together, but in some states, such as Hawaii, they are the two primary legal systems. Civil law is a body of law derived from chosen codes, statutes, and judgments created by legislative bodies. The codes and statutes define the rights and responsibilities of individuals and are enforced by the government and judicial courts. In civil law, the government is responsible for initiating proceedings, and the court finds the facts of the case and creates a judgment based on those facts. Common law is a body of law formed from the decisions made by judges in prior cases. It is based on precedent and relies on principles of equity and fairness to reach a decision. Courts and the legal system place a great deal of emphasis on the decisions of previous trials, as they form the basis for future rulings. Judges are responsible for interpreting existing laws and also making decisions for new legal issues. In essence, civil law and common law are two distinctive systems with similar purposes. Both systems are used to protect civil rights, resolve conflicts, and ensure justice. The differences between civil law and common law are subtle but very important when navigating the legal system.
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