Civil law (common law)
ELI5:
Two kids, Lily and Max, have a fight over a toy. They both think it belongs to them. If they go to their parents to solve the problem, their parents might use different rules to decide who gets the toy. For example, if Lily can show that the toy originally belonged to her, her parents might decide that it's hers. This is like civil law.
Now, if Lily and Max are playing at school and their teacher sees them fighting, the teacher will punish both of them using the same rules for all kids in the school. The teacher might say that neither of them can play with the toy for the rest of the day. This is like common law.
Civil law is a system of legal rules and procedures that helps people solve disagreements about private matters, like property, contracts, or family issues. The main goal of civil law is to make sure that people's rights are protected and that they can get compensated for any harm they suffered. Civil law relies on specific laws, regulations, and court cases to make decisions.
Common law, on the other hand, is a system of legal rules based on court decisions and precedents. This means that judges use the past rulings of other judges to decide cases that are similar. Common law usually deals with public matters, like criminal law, constitutional law, or administrative law. The main goal of common law is to establish a fair standard of justice that everyone can follow, regardless of their social status or power.
Overall, civil law and common law represent different approaches to lawmaking and dispute resolution. While civil law relies on statutory law and procedural rules, common law is more flexible and adaptable to changing social, cultural, and political circumstances. Both systems have their advantages and disadvantages, and they can coexist and complement each other in a variety of legal contexts.
Two kids, Lily and Max, have a fight over a toy. They both think it belongs to them. If they go to their parents to solve the problem, their parents might use different rules to decide who gets the toy. For example, if Lily can show that the toy originally belonged to her, her parents might decide that it's hers. This is like civil law.
Now, if Lily and Max are playing at school and their teacher sees them fighting, the teacher will punish both of them using the same rules for all kids in the school. The teacher might say that neither of them can play with the toy for the rest of the day. This is like common law.
Civil law is a system of legal rules and procedures that helps people solve disagreements about private matters, like property, contracts, or family issues. The main goal of civil law is to make sure that people's rights are protected and that they can get compensated for any harm they suffered. Civil law relies on specific laws, regulations, and court cases to make decisions.
Common law, on the other hand, is a system of legal rules based on court decisions and precedents. This means that judges use the past rulings of other judges to decide cases that are similar. Common law usually deals with public matters, like criminal law, constitutional law, or administrative law. The main goal of common law is to establish a fair standard of justice that everyone can follow, regardless of their social status or power.
Overall, civil law and common law represent different approaches to lawmaking and dispute resolution. While civil law relies on statutory law and procedural rules, common law is more flexible and adaptable to changing social, cultural, and political circumstances. Both systems have their advantages and disadvantages, and they can coexist and complement each other in a variety of legal contexts.
Related topics others have asked about: