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== Differences between Civil Law and Common Law ==
Two primary legal traditions are used in most countries: civil law and common law.<ref name="ref1" /> Approximately 150 countries practice civil law, while common law is used in around 80 countries.<ref name="ref2" /> The civil law tradition developed in continental Europe and is based on Roman law.<ref name="ref3" /> In contrast, the common law system originated in England during the Middle Ages.<ref name="ref1" /> The main distinction between the two systems is that common law relies heavily on judicial precedent, whereas civil law is primarily based on codified statutes.<ref name="ref4" /><ref name="ref2" />

=== Comparison table ===
{| class="wikitable"
|-
! Feature !! Civil Law !! Common Law
|-
| '''Primary Source of Law'''
| Comprehensive legal codes and statutes enacted by a legislature.<ref name="ref3" /><ref name="ref5" />
| Judicial decisions (case law) and legal precedents; statutes supplement these.<ref name="ref1" />
|-
| '''Role of Precedent'''
| Judicial decisions are not binding; they have a persuasive role but do not create law.
| The doctrine of ''stare decisis'' makes prior decisions by higher courts binding on lower courts.
|-
| '''Role of the Judge'''
| The judge's role is to establish the facts of a case and apply the provisions of the applicable code. The process is often described as inquisitorial.
| The judge acts as an impartial referee between opposing parties in an adversarial system, applying precedent to the facts.
|-
| '''Trial Procedure'''
| Judges take an active role in the investigation, calling witnesses and gathering evidence.
| Lawyers for the opposing parties are responsible for presenting evidence and examining witnesses.
|-
| '''Constitution'''
| A written constitution is almost always present.
| A written constitution is not always required (e.g., the United Kingdom).
|-
| '''Geographic Distribution'''
| Most of Europe, Latin America, and parts of Asia and Africa.<ref name="ref2" />
| The United Kingdom, the United States (except Louisiana), Canada, Australia, and other former British colonies.<ref name="ref4" /><ref name="ref2" />
|}

[[File:Venn_diagram_Differences_between_Civil_Law_versus_Common_Law_comparison.png|thumb|center|800px|alt=Venn diagram for Differences between Civil Law and Common Law|Venn diagram comparing Differences between Civil Law and Common Law]]

=== Judicial precedent ===
A defining feature of the common law system is the doctrine of judicial precedent, or ''stare decisis'', which means "to stand by things decided".<ref name="ref2" /> This principle requires lower courts to follow the decisions of higher courts in cases with similar facts. This practice promotes consistency and predictability in legal outcomes. Judges in this system play a role in shaping the law by interpreting statutes and applying precedents to new situations.

In civil law systems, there is generally no principle of binding precedent. The primary source of law is a comprehensive and systematized set of legal codes.<ref name="ref3" /> Judges are expected to apply the law as it is written in these codes. While past judicial decisions may be considered and can be persuasive, especially when a consistent line of similar cases has developed, a single past ruling does not bind a judge from reaching a different conclusion in a future case. The function of the court is seen as one of interpretation rather than lawmaking.

=== Legal proceedings ===
The role of judges and lawyers differs significantly between the two systems. In civil law jurisdictions, proceedings are often inquisitorial. A judge or panel of judges is actively involved in investigating the facts of the case, which can include questioning witnesses and directing the evidence-gathering process. The goal is for the judge to ascertain the truth.

In common law jurisdictions, proceedings are adversarial. The judge acts more like an umpire, ensuring procedural rules are followed, while the lawyers for each party present their cases and challenge the opposing party's evidence. Each side is responsible for bringing forward evidence and witnesses to support its claims. Juries are more common in common law systems, particularly in serious criminal cases, to act as the finders of fact, a role typically held by the judge in a civil law system.

== References ==
<references>
<ref name="BerkeleyLaw">[https://www.law.berkeley.edu/wp-content/uploads/2017/11/Common-Law-Civil-Law-Traditions.pdf THE COMMON LAW AND CIVIL LAW TRADITIONS] - UC Berkeley Law</ref>
<ref name="PersaudLaw">[https://persaudlawoffice.com/what-is-the-difference-between-common-law-and-civil-law/ What Is the Difference Between Common Law and Civil Law?] - Persaud Law Office</ref>
<ref name="LloydLaw">[https://www.lloydlawcollege.edu.in/blog/civil-law-vs-common-law.html Civil law vs common law – A Complete guide] - Lloyd Law College</ref>
<ref name="ISJ">[https://www.internationalscholarsjournals.com/articles/a-note-on-origin-and-features-of-civil-law.pdf A note on origin and features of civil law] - International Scholars Journals</ref>
<ref name="AlecJudiciary">[https://alecforjudiciary.com/civil-law-vs-common-law/ Civil Law Vs Common Law: Key Differences and Implications] - ALEC for Judiciary</ref>
<ref name="WikiPrecedent">Precedent - Wikipedia</ref>
<ref name="HarrisGuidi">[https://www.harrisguidi.com/blog/2019/october/civil-law-vs-common-law/ Civil Law Vs. Common Law] - Harris Guidi Rosner, P.A.</ref>
<ref name="ASL">[https://www.law.gmu.edu/assets/files/publications/working_papers/1012.pdf Judicial Precedents in Civil Law Systems: A Dynamic Analysis] - Antonin Scalia Law School</ref>
<ref name="Investopedia">[https://www.investopedia.com/articles/investing/071615/what-are-differences-between-common-law-and-civil-law-systems.asp Understanding Common Law: Principles, Practices, and Differences From Civil Law]</ref>
<ref name="FJC">[https://www.fjc.gov/history/judiciaries-worldwide/civilcommon-law Civil/Common Law | Judiciaries Worldwide] - Federal Judicial Center</ref>
<ref name="CornellLaw">[https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1528&context=cilj Responsibilities of Judges and Advocates in Civil and Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits]</ref>
<ref name="LALR">[https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=5997&context=lalrev The Sources of Law and the Value of Precedent: A Comparative and Empirical Study of a Civil Law State in a Common Law Nation]</ref>
<ref name="OhioBar">[https://www.ohiobar.org/public-resources/commonly-used-legal-terms/the-sources-of-law-part-i/ The Sources of Law: Part I] - Ohio State Bar Association</ref>
<ref name="TRLegal">[https://legal.thomsonreuters.com/en/insights/articles/stare-decisis-definition-examples Stare decisis: Definition, examples and critical analysis] - Thomson Reuters Legal Solutions</ref>
</references>

[[Category:Comparisons]]

Differences between Civil Law and Common Law - Revision history

Dwg: Article written and Venn diagram created.