What are the major differences between common law and civil law?

The major differences between common law and civil law lie in the way each system is structured and enforced. Common law is based on a system of precedent, which refers to the idea of using the decisions from past cases to guide future decisions. Common law systems also emphasize the use of juries to decide cases that involve criminal activities.On the other hand, civil law is more structured and focused on codified law. This system of law is based on notions of absolute right and wrong, rather than the more subjective standards of common law, and instead of juries, civil law uses judges to make decisions. In addition, civil law systems focus on the protection of rights, whether it involves public or private matters, while common law systems focus on resolving disputes between parties. In Indiana, although civil law is the predominant system used in the state, the courts do recognize common law principles in cases involving contract disputes and tort liability, two areas of law that are governed by common law rather than civil law. As such, it is important for those living in Indiana to understand both systems in order to effectively navigate the legal system.

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