Difference- Common law/Civil law - Essay Example

Comments (0) Cite this document
Common law has been usually developed by custom, which normally began before any laws that were penned down. The Common law continued to be applied within the…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Difference- Common law/Civil law
Read TextPreview

Extract of sample "Difference- Common law/Civil law"

Differences between Common Law and Civil Law Families Civil law and Common law are contrasted against each other and there primary differences lie within their application. Common law has been usually developed by custom, which normally began before any laws that were penned down. The Common law continued to be applied within the domains of the court after the written laws were brought in place. Civil law came out of the Roman law of Corpus Juris Civilis or the Body of Civil law. The codification between the Common law and the Civil law is one of the major differences between the two and the methodological approaches with which each one is followed in line with the different codes and statutes is another one of the differences between the Common law and the Civil law. Within Civil law, legislation remains as a very pertinent source of law itself.
However in the Common law, the cases are the primary source of law while the statutes are witnessed within the incursions within the Common law itself and is interpreted in a very narrowed down term altogether. (Moustaira, 2004) The principle of separation of powers is also viewed differently within the Common law and the Civil law countries. Similarly a Common law marriage holds legal bindings within certain jurisdictions but has absolutely no implications in other scenarios. The basic differences however remain in the manner the two laws are interpreted within the tenets of the legislation regimes. Common law would rather be undocumented but Civil law needs manifestation at all possible ranks and thus it should be given preference under some undertakings and mechanisms. It is also a well-known fact that the Civil law remains to this day the single most predominant system of law within the world and hence its importance is accorded more priority within the legislative ranks.
Works Cited
Moustaira, Elina N. Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004
Word Count: 306 Read More
Cite this document
  • APA
  • MLA
(“Difference- Common law/Civil law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Difference- Common law/Civil Law Essay Example | Topics and Well Written Essays - 500 Words)
“Difference- Common law/Civil Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Difference- Common law/Civil law

Common Law Lloyd v. Grace Smith & Co.28 wherein the solicitor was held for deceit by his managing clerk (Markesinis et al 2007). The courts used the test of sufficient consideration in respect of the liability of the employer for sexual assault torts by an employee. It is important to mention that both, the employer and the employee are held as join tortfeasors. 3-b Occupiers liability: The Occupier’s Liability Act 1957 and 1984 are different in application as the former applies to lawful visitors, while the latter applies to trespassers and those not covered under the former Act. In respect of the 1957 Act a common duty of care is owed to lawful visitors. It is not necessary...
15 Pages(3750 words)Essay

Common law

...Terms Act 1977 is operational concurrent to the common law.. In respect of exclusion clauses to avoid contractual liability, the provision that comes into play is that of section 3 which applies either when one party deals as a consumer or where one party deals with the other’s ‘written standard terms of businesses. However, by virtue of the second category, s.3(2) makes attempt to exclude liability subject to test of reasonableness. The test of reasonableness has been provided for in section 11 and schedule 2 of the Act, which provides that the inclusion of such a clause should fair and reasonable taking into account the circumstances which should have been considered by the parties when the contract...
15 Pages(3750 words)Essay

Criminal Law / Civil Law

...? Criminal Law: USA v. Dr. Robert W. Stokes Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1). In a criminal case, the government, through a prosecutor, files the case and if individuals subject to the criminal case are found guilty, they are liable for incarceration, fine payment, or both. However, in civil cases, guilty parties are liable to pay for the damages and give up property, but they are not imprisoned...
3 Pages(750 words)Essay

Criminal Law / Civil Law

...? Criminal Law Civil Law Detailed account of the key facts surrounding the case Robert Ray Courtney, a former pharmacist, who owned and operated the Research Medical Tower Pharmacy in Kansas City, Missouri Robert Ray Courtney was born in Kansas in the year 1952 and was educated at Wichita High School. After high School he was admitted at Missouri-Kansas city high school where he studies pharmacy. After his education he established a pharmacy in Kansas City at Research Medical Towers. In addition Courtney was reported to be an active member of his Assembly of God church in the Kansas City where he used to fellowship as contribute substantial amount of money to support church mission. In...
3 Pages(750 words)Essay

Common law

...Running Head: Can Culture Be Managed' Can Culture Be Managed' The Personal Side of Business Can Culture Be Managed' The Personal Side of Business Because human resource management (HRM) requires emphasis on the human element in business, successful strategy must be directed at the employee base more than at upper management or business design. Leadership needs to know who their employees are and be aware of the different levels of management and how they get along with other employees. People will work harder for appreciation than they will for money. Recognition and communication are key elements in a successful company. Richard Ellsworth (2002) explores the corporate mentality and challenges the conventional wisdom...
3 Pages(750 words)Case Study

Common law and Civil law

...or Spanish colonies. One of the contrasting differences between the common law and the civil law is that the former has a historical basis; they are a development of the custom. As such, they were in use even before they were put in writing, and people continued using them even after they became written laws (Dainow, 1967). In contrast, civil laws, as practiced by France and its former colonies, are a development of the Corpus Juris Civilis of Justinian, which is a part of the Roman law (Von Mehren, 2000). In line with this, civil laws attempts to...
3 Pages(750 words)Essay

Common Law alleging breach of contract. Alternatively, as a consumer contract concluded by telephone Abigail will also have rights to cancel the contract under the Regulations within 7 days from when the order was made. Task 2 With regard to Abigail’s legal position vis-à-vis Slipstream films, there are clearly issues with regard to the legality of the contract. A void contract is an invalid agreement the result of which nullifies any legal obligations between parties and is held to be void ab initio (Treitel, 2007). At common law, a contract is void ab initio if the contract commits a crime, tort or fraud (Treitel, 2007). If a contract is void ab inito, then the innocent party is entitled to claim damages for...
8 Pages(2000 words)Essay

Common Law

...on account of balance of donation he had promised give @ £ 4,000 per year for five years. The court held that money had been promised to be paid by him merely as a charity and not in exchange of some thing the donees had given him in return what is known as consideration in law. The position would have been different had Hudson executed a gift deed which could not be construed as a contract in any case. Thus, an offer is a proposal or promise by one person to another to enter into a contract, on certain terms and conditions, with an intention to bind himself when the person to whom promise is made announces his acceptance. The offer may be made to one person or to a set of people, or to the general...
8 Pages(2000 words)Essay

Common law

...IS WIRRAL LIABLE FOR TORT OF NEGLIGENCE? Introduction The negligence of tort is the most common form of negligence, and the duty of care owed to thestrangers is constantly being widened by the courts of law. The standard of duty to care has evolved to encompass almost all areas of life. Courts have long since recognized the liabilities arising out of breach of such duties or torts and the rights of persons suffering from such torts or being injured or suffering damages as a result of various sorts of tort. Courts have awarded damages to the injured and have also issued injunctions to prevent further repetitions of breaches. The Case at Hand Wirral Utilities has dug a trench along the pavement and so as to prevent anybody falling... is put...
8 Pages(2000 words)Essay

Common & Civil Law in the Global Economy

...Common and Civil Law in the Global Economy Common and Civil Law in the Global Economy Understanding the legal system with regards tohow laws are developed and enforced is always a noble and lofty thing for any individual in our modern world. Distinguishing between different legal systems is even more important. This paper therefore seeks to distinguish between civil law and common law with the aim of delimitating which of them is best suited for a global economy. Civil law refers to the legal system based...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Difference- Common law/Civil law for FREE!

Contact Us