What are the major differences between common law and civil law?
Common law and civil law are two distinct legal systems used in the United States, with Florida adhering to the common law tradition. Common law is based on court rulings and customs that develop over time, while civil law is derived from statutes and codes written by legislatures. The most basic difference between common law and civil law is the source of the law. Common law draws from judicial decisions and common law precedents, while civil law is based on legislative statutes, regulations, and codes established by the legislature. Common law is often referred to as judge-made law, while civil law is considered law by statute. In civil law, legal rules, policies, and procedures are codified in a comprehensive set of laws, allowing for more consistency and predictability in the legal system. In contrast, common law relies on the discretion of judges to interpret existing laws and create new court decisions. This creates more leeway in how a particular law is applied since judges have the power to interpret laws in different ways depending on the case. Further, civil law is based upon abstract principles and theories, which are implemented through statutory codes. On the other hand, common law relies on judicial decisions to create legal principles and precedents, which are then applied in future cases. This difference can be seen in the way that each system resolves disputes. In civil law systems, legal disputes are resolved based on the governing laws while in common law systems, legal disputes are resolved based on the precedents set by prior cases.
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