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Common law is formulated by a legislative body such as congress and civil law comes out of court decision or Stare Decisis meaning let the decision stand

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βˆ™ 13y ago
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βˆ™ 6mo ago

Common law is a legal system based on judicial decisions and precedents, while civil law is based on codified laws and statutes. In common law systems, courts interpret and apply the law, whereas in civil law systems, laws are typically written and codified by legislators. Additionally, common law systems tend to place more importance on case law and precedents, while civil law systems prioritize written laws and codes.

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Q: What is the difference between common law and civial law?
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What are the fundamental differences between the two sources of law?

The fundamental difference between statutory law and common law is their source of authority. Statutory law is created and enacted by legislative bodies, such as parliaments or congresses, while common law is developed by judges through their decisions in court cases. Statutory law is often codified in written statutes, while common law is based on precedent and past court decisions.


What is the difference between Common law vs roman law?

Common law is a legal system derived from judicial decisions and precedent, where courts interpret and apply the law. Roman law, on the other hand, was a legal system developed in ancient Rome based on written statutes and codes. Common law relies heavily on precedent, while Roman law emphasized codification and abstract legal principles.


What is the difference between customary and common law?

Customary law is based on customs and traditions of a particular community, often passed down orally, whereas common law is based on judicial decisions and precedent established by courts. Customary law is specific to a particular community, while common law is more standardized and applies broadly within a jurisdiction.


What is the difference between common law and maritime law?

Common law is a legal system based on judicial decisions and precedents, while maritime law focuses on legal issues and disputes that occur at sea. Common law applies to most civil and criminal cases on land, while maritime law deals with matters such as shipping, navigation, and marine commerce.


When there is inconsistency between a statutory provision and a common law principle which law prevails?

When there is inconsistency between a statutory provision and a common law principle, the statutory provision typically prevails. This is because statutes are enacted by legislatures and have the force of law, whereas common law principles are derived from judicial decisions and may be overridden by legislation.

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What are the fundamental differences between the two sources of law?

The fundamental difference between statutory law and common law is their source of authority. Statutory law is created and enacted by legislative bodies, such as parliaments or congresses, while common law is developed by judges through their decisions in court cases. Statutory law is often codified in written statutes, while common law is based on precedent and past court decisions.


What is the difference between common law and live in companion?

Depends on where you live and what your intentions are. I think the main difference is are you living as a family/couple or as room-mates? The term "common-law" can have family law and tax implications (again, depending on jurisdiction). As far as I know, "live-in companion" is not a legal term anywhere.


What is the difference between common law and sharia law?

Common law is civil law and the principles of common law are developed through fairness and equity. Modern legal codes are derived from common law principals. Modern common law treats all people the same and all have the same rights. Sharia law is religious law and an extension of extreme patriarchal control. It is not based on fairness and logic. Women do not have equal protection or rights under Sharia.


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What is the difference between law of return to variable proportion and law or return to scale?

There is a big difference between both the laws.The basi difference between them is that i dont know 1st but i know the 2nd one


What is the difference between colonial law English law?

colonial law is not law are rules of english law