1. Common law legal systems vs. Civil law legal systems

2. Common Law Judge-made Judge-made Rules emerge from individual decisions Rules emerge from individual decisions Judge seeks to resolve disputes; not make rules governing future behavior Judge seeks to resolve disputes; not make rules governing future behavior

3. Common law legal systems mostly Commonwealth countries: mostly Commonwealth countries: United Kingdom United Kingdom Canada Canada Australia Australia and United States and United States

4. Civil Law Continental Europe and most of the rest of the world Continental Europe and most of the rest of the world Law is made by the legislative or executive power Law is made by the legislative or executive power

5. Differences between Civil and Common Law Legal systems

6. CIVIL COMMON 1. Constitution 1. Constitution relatively recent relatively recent easily amended easily amended 2. Courts 2. Courts one or a panel of judges one or a panel of judges dedicated to specific areas of law long standing not easily amended judge and jury courts of general jurisdiction hearing all matters

7. CIVIL COMMON 3. Judges 3. Judges separate separate 4. Decisions 4. Decisions Judge uses deductive reasoning to determine applicable sections of Code. Judge uses deductive reasoning to determine applicable sections of Code. promoted Judge uses inductive reasoning about the facts, applicable prior cases and relevant law to reach a decision

8. Common Law vs. Statutory and Regulatory Law

9. Statutes formal written enactment of a legislative authority formal written enactment of a legislative authority primary authority primary authority

10. Regulations issued by Government agencies issued by Government agencies secondary authority secondary authority

11. Common Law Case law – decisions issued by courts Case law – decisions issued by courts pure common law pure common law decisions that clarify written law decisions that clarify written law

12. Common Law vs. Statute Statute/legislation always takes precedent Statute/legislation always takes precedent So a judge deciding between a common law principle and that of statute must apply the latter So a judge deciding between a common law principle and that of statute must apply the latter

13. Approach to Principles Civil Law Civil Law top-down approach top-down approach Common Law Common Law bottom-up approach bottom-up approach

14. Sources: http://en.wikipedia.org/ http://encyclopedia.stateuniversity.com http://law.wustl.edu/ http://weblearn.ox.ac.uk/ Richard Powell – Law Today