Questions Legal

What is the difference between civil and common law?


Mayavadi Rajesh

Never give up without a fight

The Judiciary is one of the most important pillars of any country’s existing system. Especially in democratic countries like India, it plays a crucial role in almost every aspect of society and human lifestyle. Whenever we speak about Judiciary, the first word which comes to our mind is ‘Law’. 

What is Law?

Laws are the perfect set of rules or systems which are particularly created and amended for a country through which every actions and activity of the society can be regulated and controlled. Without Law, there would be no system or peace in a country, and the world would become a place with animalistic mentalities. Law enforces all those orders and issues for penalties so that proper justice can be provided to all.

As there are numerous Sections and Articles for Laws, thus the basic concept has been divided into two parts: The Criminal Law and the Civil Law.

The Criminal Law deals with all the cases and provides for penalties and justice which are related to crime like murder, stealing, harm, threatening, fraud, distortions, molestations, actions of violence, etc. The crimes committed through criminal laws are non-bailable. On the other hand, Civil Laws deal with all the cases which are away from crime and deals with all the cases related to the protection and guidance of the private properties and rights of the civilians. These type of cases are mostly bailable. The codes for Civil Laws first originated from the European nations.

Now, have you heard about Common Law?

Common Laws are somewhat traditional system of law which can be compared with the past Engish monarchical system of jurisdiction. Common laws are based on the principles of the jurisdictions by Judicial precedent doctrines. The Common laws as the name suggest preceded over all the lower and sub-divisional courts as they follow the decisions taken by the higher courts or the Supreme Courts.

Common laws exist in countries like India, England, the United States, and Canada. On the other hand, Civil Laws exist in countries like China, Japan, Germany, France, and Spain.

Civil laws are always based on the Section and Articles of the Constitution. Common Laws are somewhat different. There may be many such sets of rules which are not present in the Constitution of the country. 

Judges play the most important role in the jurisdiction of the Civil Law, and they are the ones who demand the evidence and proofs. The lawyers are present to justify and argue. In the case of Common Laws, the judges are there to observe, listen and make an order as the lawyers besides justifying and arguing claim the evidence and proofs.

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