What are the major differences between common law and civil law?
Common law and civil law are two types of legal systems in the United States. They are the two most widespread legal systems, and they differ from each other in many ways. Common law, or case law, is based on legal precedent. Judges use past cases to judge current cases and reach decisions. This means that the outcome of a case depends on the facts of the case and how it relates to past cases. Common law is also known as judge-made law because the judges make and interpret the law. Civil law is based on codified statutes. This means that the law is written down in the form of statutes and codes. Judges apply this law directly to cases. Rather than applying past cases to a current case, a judge looks at the statute that applies. These two legal systems also differ in the way that cases are resolved. Under the common law system, judges review the facts of the case, consult past court decisions and then reach a decision. Under civil law, the facts of the case are reviewed and then the applicable law is applied. Common law is used in California, while civil law is used in some other states. In the end, both types of legal systems have their advantages and disadvantages. It is important to understand the differences between common law and civil law so that you can understand how cases are handled in the state of California.
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