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common v civil law (different kinds of encounters between legal systems…
common v civil law
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economy
common Law - better for development, more competitive in global world from economic point of view
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History
Civil law
Corpus Juris Civilis - many substantive rules of law contained in forerunners of major legal codes of european countries
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Common Law
rival system featured (jury trials, advocacy, precedents, reasoning, precedent)
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Codification process
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common law - stautues collected codes, developed over years, reflect judicial decisions normally
judicial decisions
civil law role is negligible, look to code first
common law precedence very important, case books used to solve cases
Court structure
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civil - speciality courts (company, administrative, constitutional)
legal reasoning
civil deductive, apply general principles or rules of law for specific solution
common law - apply inductive reasoning, derive principles or precedent from series of specific decisions - extract applicable rule
Trial process
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Civil - trials involve extended successive series of hearing and consultations - judges role elevated - main interrogator of witnesses
legal training
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civil - judiciary part ofcivil service, law graduate select judiciary as career - specialist training - assigned by institutional body
legal system 0 main sources of law (constitutions, statutes, legislation, pricniples, practices)
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