Civil law today is a complex web of tort, precedent and legislation. However, it all boils down to a handful of key principles.
The legal system in the United States is based on English common law. In fact, some American states have a system of jurisprudence that is closer to early English law now than the current system in Britain. Likewise, many of the rules of law that we take for granted, such as a jury of our peers, come from the Magna Carta.
The most important word in all of law is "reasonable". This is the litmus test for right or wrong. Was it reasonable to hold a certain belief and was a reasonable standard of care taken. When deciding if something is reasonable or not, the legal system applies the standard of the ordinary person. They ask the hypothetical question of whether an average person on the street, with no special knowledge, would find something reasonable.
Although criminal and civil proceedings may appear similar, there are important distinctions. The most important of these is the standard of evidence, or burden of proof. In a criminal case a person's life or liberty is at stake, so the standard is very high. The accused must be guilty beyond any reasonable doubt. In a civil matter the repercussions are not so serious and all that is required is clear and convincing evidence.
Today, most countries follow one of two legal traditions: common law and civil law. Originated in England, common law is generally not written into a legal code and is mostly based on precedent, prior court decisions that have been made in cases with similar facts. Precedents are maintained and recorded in books known as reporters or yearbooks. The presiding judge in a current case determines which precedents from previous cases will apply. The common law system is adversarial with two opposing parties that present their cases in front of a judge and jury. The judge mandates while the jury decided the facts of the case. The judge then imposes a sentence based on the jury's verdict.
Civil law is written into a legal code to which various parties repeatedly refer. Legal codes are usually very comprehensive and are continuously updated as they attempt to address every possible situation that may be brought before a judge as well as applicable sentencing measures. Here the judge establishes the facts of a case and applies the code. The judge also must work within the framework of the legal code. Consequently, the judge's decision generally may be less impactful in a civil law system than it is in a common law system as he or she simply applies the law.
Although many countries use a legal system derived from the traditions of common law, there are many reasons that civilian law may be a better and more fair system. Here are a few.
-Civilian law takes its source from only clearly codified statutes and legislation, while common law relies on precedent, which means judges under common law often feel compelled to make the same decisions made by their predecessors.
-In civilian law, impartial judges control the courtroom; in common law, lawyers are given free rein.
-Civilian law judges are career-trained to be impartial decision makers, while common law judges are typically experienced lawyers.
-Civilian law judges enjoy a higher degree of independence from the legislative and executive branches of government.
-Common law relies on untrained jurors to make decisions at the trial level, while civilian law only depends on jurors in specific instances.
-Civilian law judges play a separate role in policy making, while common law judges are involved in the balance of power with policy makers.
-Civilian law judges do a certain amount of investigation into the case during trial, while common law judges must rely on information given to them by lawyers.
-Civilian law has more specific codes for the punishments associated with each crime than common law does, making punishments more likely to be fairly meted out.
-Depending on legal traditions of the country in question, civil law judges are just as likely to support their legal reasoning as common law judges are.
-In civilian law, each case is tried on its own, without reference to other cases,to ensure a fair decision.
Civilian law has been around since the days of Ancient Rome, and there are a lot of reasons why!
There are many different forms of civilian law enforcement. Some of these you might have heard of and others might be foreign to you. They are all great career options for many reasons.
One form is becoming a civilian investigator. This means you will be investigating financial crimes, criminal crimes, and many more. This is a neat job if you like the idea of being an investigator. Another form is becoming a correctional officer. This job entails many things. Some of the duties you will be required to do are monitoring and feeding inmates. This is a great job if you do not mind working in a correctional facility. One other form is becoming a dispatcher. This job means you will answers calls using high tech equipment. This is a great desk job for anybody. Becoming a forensic technician is also another form. There are many important duties involved with this career option. You may be required to collect and evaluate evidence from several crime scenes.
These are just a few out of many civilian law enforcement jobs. There are several more to choose from. Keep this useful information in mind next time you are deciding on your next career move!
Civilian or civil law is a system that dominates the legal workings of large parts of the world. Developed based on the Roman Empire's legal system Civil law is used in large parts of Western Europe and South America. The majority of the English speaking world uses the English common law system based on unwritten legal conventions.
Under a civilian law system the rules and regulations by which a group of people live their lives is based upon laws created by a central government. In contrast, the common law system uses unwritten social conventions and judgments of previous cases to determine decisions in court cases. Civil law judges do not interpret the laws of a country, instead they stick to the rules laid down by government departments.
Civil law systems do not allow for a trial by jury to determine a case by a group of a defendants peers. Instead court cases are heard by a judge, or group of judges who stick rigidly to the laws of a nation.
Alterations to the laws of a country must be made under a civil law system by the government; Laws seen as bad or unfair cannot be altered in a court of law. Under the common law system judges have the ability to interpret a law and set legal precedents that change the way a case is tried.
Frivolous court cases seeking damages for psychological damage to a person are not commonly allowed under civil law. It is generally not acceptable in civil law courts to seek monetary gain through the legal system.
In civil law many judges are appointed from young, high achieving law graduates who have a good working knowledge of the laws of a state. This is because the major role of the judge under civil law is to interpret the rules of a state and apply them to a particular case rather than interpret the case as judges do in common law systems. In common law systems older, more experienced lawyers are usually appointed to become judges and interpret the rule of law.
Within a society, both civilian and criminal law is necessary to maintain order. However, civilian law benefits its citizens better than than that of criminal law for several reasons.
Civilian law protects the rights of local citizens and is separate from criminal law. Examples of rights that are covered under civil law include property or commercial rights. Someone who believes that their civilian rights have been violated can take legal action against the offending party. Damaged property, copyright infringement, slander, car accidents, and libel cases are the most popular forms of civilian law.Check out this link here
Civilian law is the best form of law because it seeks to find a solution to the problem. Unlike criminal law where a suspect, although sometimes found guilty despite their innocence, is punished for an offence through incarceration, civilian law can be settled peacefully between two consenting adults without the presence of lawyers in a court of law. Whether the complaint is emotional pain and suffering due to slander, unpaid debt, or lost wages, the purpose of civilian law is to make the offended party whole.
Civilian law is a more efficient means of keeping peace in society because it values the rights of the society's citizens.
Civilian law is used around the world, except in countries that have taken their lead from the British common law system. Civil law is based on the legal system developed by the Roman Empire and known as jue civile in Latin. The legal system is constantly evolving and is based upon strict codes that list what can be prosecuted and the available punishments.
The roots of civil law are based upon the Roman laws that applied only to the citizens of Rome and not to foreign nationals or slaves.Additional information can be found at http://reverenddrred.wordpress.com/2012/08/19/the-district-of-columbia-act-of-1871/
. Roman civil law has provided many of the names given to officials who preside over proceedings in the modern world, such as notaries, judges and magistrates. Civil law dominated Rome's legal system for over 1200 years, until universal law began to dominate as it applied to all free men in the Roman Empire.
Rome's civil law system was lost for a number of centuries following the fall of the Roman Empire in the 6th century. The discovery of documents detailing the civil law system were discovered by Italian scholars around the 11th century and led to the establishment of the system in Western Europe in the Middle Ages. Civil law spread across European countries such as Italy, Spain and Portugal. As these countries began colonies across the world the civil law system was exported with them.
There are several countries around the globe that use civilian law as their judicial system. The approach to the judicial system is one of codification. Codification civil law systems were formed out of the Roman Empire and countries have adapted this form of law today. Civil law has had influence from Canon law as well as Islamic law to make up the civil law.
Countries today that use the civil law system are Romania, Spain, Italy, Germany, Austria, Turkey, Japan, Republic of China. It's important to note, Chinese law combines that of civil law and socialist law.
Denmark, Sweden, and Norway also use civil law known as Scandinavian law. There are many more countries that utilize the civil law system.
However; several use the common law system such as Ireland, United States, United Kingdom, Pakistan, Canada and South Africa to name a few .
Although, there are some similarities in the approach to common law and civil law there are also extreme differences. Unlike common law, civilian law is based on coded law that some would say dates back to 2100-2150 BC.
Each may have it's differences and each may have it's similarities history reveals both sides. Is one greater or less than the other?