There are as many states as many legal systems in the universe. Most writers today agree on being of three chief legal households: spiritual jurisprudence, civil jurisprudence and common jurisprudence. It is of import to cognize how these legal systems differentiate from each other. The intent of this assignment is to discourse differences between the Criminal and Civil process in Continental and Common Law Legal Systems. For these intents ( to accomplish this intent ) in this assignment foremost I will discourse the nature and significance of Law, its history and chief branches- Public Law and Private Law and differences between them. Then the differences between Civil and Criminal Procedure will be discussed.
5. Difference between Common and Continental Law Legal Systems
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6. Beginnings of different Legal Systems
Law is the system of general regulations that regulates the behavior of persons, concern and organisations within the certain society. The purpose of Law is to protect people and their belongings from harmful state of affairss. Harmonizing to the American reverend, militant Martin Luther King Jr. “ it may be true that the jurisprudence can non do a individual love person, nevertheless it can maintain him from killing a individual and he thinks that is pretty of import. ” cited by Malika Mukimova in the talk 1.[ 1 ]
Law is a set of regulations which must be obeyed by citizens in a peculiar province. If people do non cognize the regulations of their province they lose their freedom, and they will non be cognizant of their rights and restrictions.
Law plays a important function in the successful life of society. The maps of jurisprudence include advancing personal freedom, peacekeeping, which includes doing certain activities offense, advancing societal justness, easing orderly alteration, keeping the position quo, look intoing authorities power, supplying a footing for via media and besides protecting environment. If citizens do non obey the regulations of their province, their society will non be able to work efficaciously.
To analyze jurisprudence without cognizing anything about its history is to analyze jurisprudence in entire vacuity. The history of legal systems helps to cognize historical development and background of legal thoughts. But in my manner of thought, nowadays most of the people are non paying attending to history of jurisprudence systems.
First of all, what is the difference between Common Law and Continental Law? Where the Common Law Legal System came from?
Common Law Legal system developed from English beginnings and dominant in the countries colonized by England. It is the portion of English jurisprudence which was created by the King ‘s instances in England from about the twelfth century. It is besides found in the U.S. and in most of the British Commonwealth. The chief portion of this legal system is based on usage and general rules which symbolized in instance jurisprudence. It serves as case in point and it is used to state of affairss which are non covered by legislative act. In common Law system the tribunal decides what to make and makes a determination based in a peculiar instance, and so this instance becomes a organic structure of jurisprudence. Besides this instance can be used in state of affairss with similar affairs. In common jurisprudence the footings applied between citizens.
Civil Law came from Roman jurisprudence and it is used in Continental Europe. Harmonizing to the www.answers.com/topis/civil-law the footing of jurisprudence in civil jurisprudence is codified, non usage. And this is what differentiates it from Common Law.
The chief difference between Public Law and Private Law is that Public jurisprudence concerns the relationship between a State and a physical entity ( which means person born alive with human visual aspect and able to populate and touch from the organic structure of others ) or a legal entity ( Criminal jurisprudence, Taxation, Constitutional Law and Administrative Law ) .
In Private Law the both of the parties in legal dealingss must be private citizens and organisations.
The portion of the jurisprudence which regulates and creates the rights and responsibilities of parties is Substantial Law and Procedural Law ( Adjective Law ) consists of the regulations which are set for holding a right judicially enforced.
There are two types of chief set of regulations in judicial system, they are civil and condemnable process.
There are many differences between civil and condemnable process.
One of the chief differences between condemnable jurisprudence and civil jurisprudence is that condemnable jurisprudence signifiers portion of the Public jurisprudence and the civil jurisprudence is the equivalent word of Private jurisprudence.
What is more, Civil process comprised of the regulations and ordinances which are applied to civil affairs and Criminal Procedure consists of the regulations and ordinances of condemnable proceedings.
Furthermore, a differentiation between civil jurisprudence and condemnable jurisprudence is the understanding of penalty.
In Criminal jurisprudence a guilty individual is punished by captivity in a gaol or prison or wages fine to the authorities. And in Civil jurisprudence legal system, a suspect is ne’er imprisoned and ne’er put to decease.
In civil jurisprudence legal system, the regulations of jurisprudence are written before they apply to people. The civil process is a survey of instances which are non condemnable. Civil processs can be used by anyone in order to protect their legal rights through the tribunal orders. Normally juries are non used in civil instances both in Continental and Common Law states.
The condemnable process is a survey of instances which are condemnable. Condemnable tests are used by the authorities to protect and supply them a peaceable life. If an single makes a offense he or she will be punished by the authorities.
In Common Law Legal system, the civil process is that civil actions are started by persons, companies and organisations for their ain benefit.
In many states if a individual commits a offense where he or she will hold to pay mulct, and the victim of the offense by and large claims for amendss in a civil, non a condemnable action. However, in other states as England and France, a victim of the offense will be rewarded by a condemnable tribunal justice.
In Continental legal system the both in condemnable and civil instances the test is conducted in inquisitorial manner which means the legal system where the tribunal is actively absorbed in deciding the facts of the instances.
In Common legal system the manner and process of a test is adversarial, it is the procedure where the advocator defends conflicting nonreversible places held by persons or groups.
Another difference between them is that Common jurisprudence and civil jurisprudence differ with their beginnings: in Civil Legal Systems the beginning is Legal Doctrines which are written by extremely regarded legal bookmans. In Common Law Systems the beginning is Case Law which means judge-made determinations of instances in all subdivisions of jurisprudence.
The beginning of Law in civil process in Continental legal systems is a codification of civil process.
To take everything into history, while I was working on this coursework I have learnt differences between public jurisprudence and private jurisprudence ; Civil and condemnable process ; Difference between common and Continental jurisprudence ; what are inquisitorial and adversarial systems ; differences in beginnings and many other things. I can state proudly that this assignment helped me to revise everything and to understand them more clearly.
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hypertext transfer protocol: //www.vanuatu.usp.ac.fj/Courses/LA318_Comparative_Legal-Systems/LA318_3_historical_dev.html # The Common Law system
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