What is the difference between civil law and common law?
The difference between civil law and common law is a common question in jurisprudence law in Indiana. Civil law is based on a system of laws encompassing statutes and precedents compiled into a single code. This system is based on codified laws created and enforced by a legislative body. The rules in a civil code are generally clear and specific, and violations are punished in accordance with published penalties. Common law, on the other hand, is based on a system of court rulings developed through the centuries by courts and lawyers. Common law is often referred to as "judge-made law" because of court decisions setting precedents or establishing new rules of law. Common law is less precise than civil law, since it relies on the rulings of judges and does not have explicitly worded laws on the books. The penalties for violating common law are determined by the court on a case-by-case basis. In Indiana, civil law and common law both play a role in jurisprudence, but they are distinct areas of law. Civil law is based on a code of laws and punishments, while common law relies on court decisions that set precedents for rulings in similar cases. Understanding the distinction between civil and common law is important for anyone studying or practicing jurisprudence in Indiana.
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