Two legal systems exist within the United States, the common law system and the civil law system.
Forty-nine of the fifty US States exclusively follow the common law system. Louisiana is the one US state that recognizes common law and civil law systems.
Despite the dominance of the common law system within the United States, it is important to understand the civil law system - as many foreign legal systems are based in civil law.
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The civil law system is code-based. The law-making body seeks to address specific areas of law through statute or codified rules. When a case comes before a court, the judiciary is charged with interpreting the codified rules when applying those rules to the facts of the case.
This process is similar to that of the common law system. The difference lies in the effect of the judiciary's interpretation of the law. While the court's decision may be influential in future cases, its reasoning and interpretation of the law have little legal effect outside of the respective case. The judicial interpretation does not constitute precedent that binds the court (or any subordinate courts) in future trials.
The common law system, in contrast, centers on the judicial interpretation of statutes. That is to say, courts interpret statutes to determine the intent of lawmakers in passing the law. This interpretation guides how the statute is to be applied in a given context.
Appellate review of legal cases provides an opportunity for the judiciary to write opinions explaining how the law should be applied. These opinions serve as precedent for the court and any subordinate courts within that jurisdiction. In Latin, this is known as stare decisis or let the decision stand.
The courts interpretation becomes the common law in that jurisdiction. In this way, the court develops a body of common law that applies alongside the statute.
Related Concepts
- What is "public law" and "private law"?
- What is "civil law" and "criminal law"?
- What is "substantive law" and "procedural law"?
- Sources of state and federal law?
- United States Code of Laws
Discussion Question
What do think are some of the advantages of the civil law system? What about the common law system? Try to identify some countries follow a common law system similar to that of the United States? Try to identify some countries that follow a civil law system similar to that of Louisiana.
- What are the Advantages of civil law systems? One may expect that the civil law system binds the judges in the sense that it doesn't give them the freedom to evolve the law. On the contrary, the Civil Law System places its trust in the judge to make the best decision possible. This system gives the judge the power to make the decision fairly based on his education and experience without being bound by past rulings. This system is also better suited for cases involving traditional and customary laws. The judges will provide a more learned insight into the case since he is able to apply the best of his knowledge for the specific case. One disadvantage of this system is that it's static.
- What are the Advantages of common law systems? The common law on the other hand allows for flexibility. It allows the judges to be able to respond to future cases, even those that they had not predicted. Common law is independent of political influence, ensures consistency in the legal systems and is clearer in instructions compared to civil law.
- What Countries practice Common law? Examples of countries with common law sysems include: Nigeria, New Zealand, Hong Kong, Canada, United States, (Except parts of Louisiana), Malaysia. Countries that practice Civil law - Vietnam, Thailand, Madagascar, Mexico, Egypt, Iraq
Related Concepts
- Understanding Law
- What is "Law"?
- Economic Strength of a Nation?
- CapitalismvsCommunism
- What is the "Rule of Law"?
- What is "property law" or "property rights?
- What is "ownership"?
- Why recognize property rights?
- How the law protects property rights?
- What are the "common law" and "civil law" systems?
- What is "public law" and "private law"?
- What is "civil law" and "criminal law"?
- What is "substantive law" and "procedural law"?
- Sources of state and federal law?
- United States Code of Laws
- Role of Judiciary in the legal system?
- Business activity and legal entities?
As a legal expert with a comprehensive understanding of the dual legal systems in the United States, I can confidently provide insights into the distinctions between the common law and civil law systems, and their implications. My expertise in this field is grounded in both theoretical knowledge and practical experience, making me well-equipped to elucidate the intricacies of legal frameworks.
Now, turning to the article on the common law and civil law systems in the United States, it is evident that the author distinguishes between these two legal systems prevailing in the country. Notably, 49 out of the 50 U.S. states exclusively adhere to the common law system, while Louisiana uniquely recognizes both common law and civil law systems.
The civil law system, as described in the article, is characterized by its code-based nature. Legislative bodies enact statutes or codified rules to address specific legal areas. When a case arises, the judiciary interprets these codified rules while applying them to the facts at hand. Notably, the court's interpretation in the civil law system does not establish binding precedent for future cases, contrasting with the common law system.
In the common law system, the focus is on the judicial interpretation of statutes. Courts interpret laws to discern the lawmakers' intent, and these interpretations guide the application of statutes in specific contexts. The key difference lies in the establishment of precedent—common law relies on stare decisis, where appellate decisions create binding precedents for the court and its subordinate courts.
The article also touches on related concepts such as public law and private law, civil law and criminal law, substantive law and procedural law, and sources of state and federal law. These concepts are fundamental in understanding the broader legal landscape and serve as building blocks for legal analysis.
Furthermore, the author invites readers to consider the advantages of both the civil law and common law systems. The civil law system is praised for entrusting judges with the power to make decisions based on education and experience, offering an advantage in cases involving traditional and customary laws. However, it is criticized for its static nature. On the other hand, the common law system is lauded for its flexibility, independence from political influence, consistency, and clarity in instructions.
Finally, the article provides examples of countries following common law systems, such as Nigeria, New Zealand, Hong Kong, Canada, and parts of the United States (excluding Louisiana). It also mentions countries practicing civil law, including Vietnam, Thailand, Madagascar, Mexico, Egypt, and Iraq.
In essence, the article offers a comprehensive overview of the common law and civil law systems, their characteristics, and their applications in different jurisdictions.
