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2024年5月25日发(作者：英雄联盟源码)
Civil Law vs Common Law
Common law jurisdictions differ greatly from civil law jurisdictions. Common
law places a large amount of importance on precedent. Court cases are ruled by
applying past judgments to subsequent cases with similar circumstances. In these
systems, judges are able to essentially create law when ruling in cases of first
impression.
Cases of first impression occur when the circumstances of a case are unique
and there is no existing precedent that can be applied to this case. When a judge
rules on a case of first impression in a common law system, this ruling will become
law and set a new precedent.
In civil law systems, cases are ruled based on written civil legislation and code.
This means that judges have more freedom in interpreting legislation than in
common law systems, since their decisions are not based on precedents. It is
sometimes said that civil law systems are less predictable than common law
systems. This is because civil law is not based on precedence, thus giving parties
involved in lawsuits less of an ability to predict the outcome of their case.
Another major difference between civil law and common law jurisdictions is
the use of the adversarial or the inquisitorial systems. Common law will utilize an
adversarial system. This means that there will be two sides of an argument that are
represented by adversaries. These adversaries will represent the interests of their
clients and attempt to influence an impartial judge and jury.
In an inquisitorial system that is utilized in civil law jurisdictions, the judge is
actually involved in examining evidence that will lead to a decision. This is different
than an adversarial system in which the evidence is only presented to the judge. A
judge in a civil law system may be able to actually interrogate witnesses and
examine evidence. This means a judge is not an impartial party, but may be biased
based on evidence.
The way that legal academia is treated by the legal system differs greatly
between civil law and common law jurisdictions. Under the common law, legal
professionals' treatises and academic findings are often treated as support for a
court's decision. It is not generally treated as the law itself. Academic writings may
also be used as support for creating new policy and in legal opinion. Legal opinion
always accompanies a judge's decision and it is basically an explanation of a ruling.
It will reference prior court cases and legal treatises. In civil law jurisdictions, legal
writings are much more significant in judge's rulings. These are often relied upon
in civil law to form judicial opinion.
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