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Civil law, Common law, Criminal law



The term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’.

Civil law is1) the legal system developed from Roman codified law; 2) the area of the law concerned with non-criminal matters.

Common law is the legal system which is the foundation of the legal systems of most of the English-speaking countries, based on customs and court decisions.

Criminal law is the area of the law which deals with crimes and punishments.

Civil law is opposed to common law as a legal system.

Civil law was inspired by old Roman law, the main feature of which was that laws were written into a collection and codified. The principle of civil law is to provide all citizens with a written collection of laws which apply to them and which judges must follow. In contrast, common law was originally developed through customs, at a time before laws were written down.

Common law is based on precedents created by judicial decisions. It means that past judgments are taken into consideration when cases are decided.

Civil law is opposed to criminal law as the body of law.

Civil law deals with rights of private citizens. Violation of these rights is a private wrong, or tort. Criminal law is the body of law setting limits of social conduct and forbidding unlawful actions. Violation of these laws is a public wrong, or wrong against society.





Дата публикования: 2015-01-13; Прочитано: 2036 | Нарушение авторского права страницы | Мы поможем в написании вашей работы!



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