Ari Pregen - http://aripregenlaw.blogspot.com/2014/09/aripregen.html

1. Common Law vs. Civil Law

2. Territory

3. 1st difference: law
Common law
• Case law
• Based on customs
Example…
Civil law
• Principle of legality
• Based on Roman law
Example…

6. 1st difference: law
Common law
• Case law
• Based on customs
Example…
Civil law
• Principle of legality
• Based on Roman law
Example…

7. 2nd difference: judges
Common law
• Judge and jury
• trial dominated by lawyers
with judge as referee
Civil law
• One or a panel of judges
• Judge actively participates
in seeking of evidence and
examining of witnesses

8. 2nd difference: judges
Common law
• Judge uses inductive
reasoning about the facts
• Court may fashion an
equitable remedy- one that
is “fair”
Civil law
• Judge uses deductive
reasoning
• Inappropriate for Court to
fashion a remedy not set
forth in the Code

9. 2nd difference: judges
• Disadvantages

10. Disadvantages

11. Disadvantages

12. Disadvantages

13. Disadvantages

15. 3th difference: jury
Common law
• Judge and jury
Civil law
• One or a panel of judges
Disadvantages

16. Disadvantages

17. Disadvantages

18. Disadvantages

19. Advantages