Common and Civil Law

Legal Research

Group 4

Alviar JustinBagaipo, JolinoMendoza, Joel

Sandaan LimwellSevilla, Alexander

Common and Civil Law2Common Law Civil Law

Historical Origin English Monarchy Roman Empire

Legal Code Uncodified(No comprehensive compilation of legal

law and statutes)

Codified(has comprehensive, continuously updated

legal codes

Written Constitution Not Always Always

Judicial Decisions Binding Not binding on 3rd parties, however,

administrative and constitutional court decisions on law and

regulations binding on all

Common and Civil Law

3Common Law Civil Law

Case Law Case law is in the form of published Judicial opinions

Judicial opinions are binding decisions of the higher court can generally be overturned by the same court or through legislations

Codified statutes predominates

Only legislative enactments are considered binding for all. There is little scope for judge-made law in civil, criminal, and commercial courts, although in practice judges tends to follow previous judicial decisions; constitutional and administrative courts can nullify laws and regulations and their decisions in such cases are binding for all.

Common and Civil Law4Common Law Civil Law

Writing of Legal Scholars

Little influence Significant influence in some civil law jurisdictions

Freedom of Contract Extensive – few provisions are implied into the contract by law

Less/more limited – many provisions are implied into the contract by law and parties cannot contract our of certain provisions

Common and Civil Law5Common Law Civil Law

Roles of Lawyer and Judge

Tasks commonly include advising clients in point of law and preparing legal pleadings for filing with the court but oral argument and in-court presentation are diminished

Judges are described as investigators taking the leads in bringing charges, establishing facts, through witness examination and advising remedies found in legal cases.

Lawyers make presentations to the Judge and examine witness themselves

Countries USA, England, India, Canada

China, Japan, Germany, France, Spain, Philippines.