what is the difference between civil code and common law?
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The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. ... In fact, many countries use a mix of features from common and civil law systems.
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Common law means the law applicable in the absence of specific rules. It is a body of rules that may apply where unopposed and especially provides "the interpreter with conceptual resources to apply specific statutes" .
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Characteristic Features of Common Law The distinctive feature of common law is that it represents the law of the courts as expressed in judicial decisions. Judges decide cases cases found in precedents provided by past decisions, in contrast to the civil law system, which is based on statutes and prescribed texts.
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The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate.
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Civil law seeks to achieve a remedy (for example, compensation) for the injured party. ... Civil law cases are filed by private parties, while criminal cases are usually filed by the government. The decision of the court in a criminal case is guilty or not guilty. In a civil court, it is liable or not liable.
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The other crucial difference between civil and criminal law is that the burden of proof is lower. For civil law, an individual only has to be proved on the likelihood that they're guilty. A civil court case will be decided by a judge alone rather than a jury.
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Civil law is the law governing the relations between private persons or organizations. Administrative law is the law regarding the rules or regulations made and enforced by governmental agencies. Criminal cases involve charges brought by the state under that state's criminal laws.
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Civil law covers such areas as contracts, negligence, family matters, employment, probate and land law. Criminal law, which is a branch of public law, defines the boundaries of acceptable conduct. A person who breaks the criminal law is regarded as having committed an offence against society as a whole.
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Civil law deals with the harm, loss, or injury to one party or the other. A defendant in a civil case is found liable or not liable for damages, while in a criminal case defendant may be found guilty or not.
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Private law covers civil law, commercial law, international private law as well as intellectual property (such as copyright, patent law). Public law, on the other hand, consists in rules where one party is the state, who participates in the legal relationship from a position of strength – thereby effecting its power.
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Definitions. Common law is defined as law that has been developed on the basis of preceding rulings by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society.
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There are two main classifications of law. Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties. This lesson explains the main differences between criminal and civil law.
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Civil law refers to law governing disputes between private parties. In civil cases, the plaintiff sues the defendant to obtain compensation for some wrong that the defendant has allegedly done the plaintiff. Tort law covers torts, or civil wrongs—injuries done to someone's person or property.
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Civil law deals with the regulation of private conduct between individuals, organisations and government agencies. Unlike criminal law, most civil laws are found in common law rather than statute law. ... Civil disputes can be dealt with in courts, or in specialist tribunals set up to deal with specific civil law matters.
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For instance, Islamic law could be differently imposed to different people depending on their religious beliefs whereas common or civil law systems are equal for every people regardless of their religious preference. In Islamic law, the punishment for the crime is much severer than in Common or Civil law.
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To sum up the differences, common law does not necessarily rely on codified laws or a written constitution. Civil law is typically codified within current laws or within a constitution. ... Decisions within common law are considered binding in general, while the decisions in a civil case apply to that case only.
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Employment law is part of what we refer to as civil rather than criminal law. Criminal law covers issues between the state and a wrong doer whereas civil law deals with issues between two parties and in this case it is between the employer and the employee.