Civil vs Common Law

Legal Systems

Questions to be answered:
What is a legal system?
What is civil law?
What is common law?
Whose uses Common law and who uses Civil law?

Legal Systems: The rules of how a country's laws are enforced and enacted
Common Law and Civil Law

Civil Law: a legal tradition that uses comprehensive statues and codes as a primary means to form legal judgment.

• Over 80 countries practice civil law
• Civil law has less flexibility because judges have the power only to apply the law
  
• Civil law is less confrontational because comprehensive statues and codes serve to guide judges
• Civil law contracts in countries are short and less specific

Common Law: A legal tradition that is shaped by precendents from previous judicial decisions.

An example of common law is "common law marriage" which is where you can be deemed married without a license or ceremony. Massachusetts does not follow this common law because in order to be married you have to participate in a lawful ceremony.

• Common law has more flexibility because judges have to resolve specific based on interpretation of the law
• Common law is more confrontational because plaintiffs and defendants, though their lawyers must argue and help judges to favorably intercept the law
• Common law contracts in countries tend to be long and detailed

This map shows countries that use common law or civil law

Below is a link that has a story about the Massachusetts Supreme Judicial Court expanding common law and statutory liability to include medical monitoring expense damage claims.

http://www.lexmundi.com/images/lexmundi/PracticeGroups/ToxicTort/Articles/MA_medical_monitoring_rogers.pdf

I find this article interesting to read and learn about because common law is being used.