What are the differences between civil law and common law?

Civil law and common law are two distinct systems of the law. In Indiana, both civil law and common law are recognized. The main differences between civil law and common law are the way they are created and the sources that are applied. Civil law is based on written code that is created and maintained by the government. It is developed over time by legislative bodies like Congress, state legislatures, and city councils. Civil law also relies on other sources, such as administrative rules or regulations, court decisions, and scholarly writing. In contrast, common law is based on court decisions. It is determined by judges who review cases and make decisions based on precedent and legal reasoning. Civil law is focused on private disputes between individuals and is limited to deciding issues related to civil matters. It often deals with the rights and duties between private parties and can involve such issues as contract disputes, family law, probate, and personal injury. Common law is broader and applies to issues involving both civil and criminal matters. It is used to resolve disputes between individuals, in criminal cases, and in cases between public and private entities. Both civil law and common law systems are used in Indiana. While both provide a valuable service to those seeking justice, they differ in how they are created and which sources are applied. It is important to understand these differences when determining which type of system is best for your particular legal needs.

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