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common law system and civil law systemcommon law system 和 civil law system 的比较（英文最好）,
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大陆法系和英美法系的比较：1,分类不同,英美法系分普通法和衡平发,大陆法系分公法私法 2,法官在诉讼中的地位不同,英美法系奉行当事人主义,法官是中立者,大陆法系国家,法官占主导地位、 3 法律渊源不同,英美法系国家包括判例法,大陆法系国家不包括 4,法律编撰形式不同,大陆法系国家采用法典的形式,英美法系国家不然. 1、大陆法系的特点：(1)全面继承罗马法：吸收了许多罗马私法的原则、制度,如赋予某些人的集合体以特定的权利能力和行为能力；所有权的绝对性,取得财产的各种方法,某人享有他人所有物的某些权利；侵权行为与契约制度；遗嘱继承与法定继承相结合制度等.还接受了罗马法学家的整套技术方法,如公法与私法的划分,人法、物法、诉讼法的私法体系,物权与债权的分类,所有与占有、使用、收益权地役权以及思维、推理的方式.(2)实行法典化,法律规范的抽象化概括化.(3)明确立法与司法的分工,强调制定法的权威,一般不承认法官的造法功能.(4)法学在推动法律发展中起着重要作用：法学创立了法典编纂和立法的理论基础,如自然法理论、分权学说、民族国家理论等,使法律适应社会发展需要的任务由法学家来完成. 2、英美法系,又称普通法法系、英国法系,是以英国自中世纪以来的法律,特别是以普通法为基础而发展起来的法律的总称.英美法系首先起源于11世纪诺曼人入侵英国后逐步形成的以判例形式出现的普通法. 英美法系包括英国法系和美国法系.英国法系采取不成文宪法制和单一制,法院设有"司法审查权".美国法系采用成文宪法制和联邦制,法院有通过具体案件确定是否符合宪法的"司法审查权",公民权利主要通过宪法规定. 英美法系的范围,除英国(不包括苏格兰)、美国外,主要是曾是英国殖民地、附属国的国家和地区,如印度、巴基斯坦、新加坡、缅甸、加拿大、澳大利亚、新西兰、马来西亚等.中国香港地区也属于英美法系. 英美法系特点：(1)以英国为中心,英国普通法为基础；(2)以判例法为主要表现形式,遵循先例；(3)变革相对缓慢,具有保守性,"向后看"的思维习惯；(4)在法律发展中,法官具有突出作用；(5)体系庞杂,缺乏系统性；(6)注重程序的"诉讼中心主义". Civil and common law of : 1 classification, common law and equitable development of the Common Law minutes. 2 hours, private civil law, the judge in the proceedings, the parties to pursue common law doctrine. Judges are neutral and civil law countries, dominated by judges, three different legal sources. case law, including common law countries, civil law countries, including four laws written form, countries in the form of a civil code, not common law countries. 1, civil features : (1) inherited the Roman absorbed many Rome : Private principle, If certain people in the assembly and the rig the absolute nature of ownership, obtaining property by various means, from a person entitled to all
tort intestate succession and inheritance combined system. Roman scientists have received the full set of technical methods, such as the demarcation of public and private law, human, material, whom the private system. the classification of property and creditors, all with possession, use and yield the right of way easement and thinking, reasoning method. (2) implementation of the Code and the laws regulating the abstract generalization. (3) a clear division of the legislature and judiciary and stressed the authority of law, the judge said the law does not generally recognize function. (4) Law plays an important role in promoting the development of the law : the law created a theoretical basis for the codification and the legislature, If natural law theory, the separation of powers doctrine, nation-state theory. make the law meet the needs of social development tasks to be completed by the jurists. 2, the common law system, known as common-law, British law, since the law is based on English since the Middle Ages. In particular, the development of common law legal basis for the skies. Common Law origin of the first Norman invasion of Britain in the 11th century, after evolving in the form of common law jurisprudence. British common law, including law and the United States law. Britain adopted an unwritten constitutional law system and a single system, the court has "the right to judicial review." USA and France by using a written constitution and federalism. Court to the constitutionality of a specific case to determine whether the "judicial review" on civil rights, mainly through constitutional provisions. The scope of the common law, with the exception of the United Kingdom (excluding Scotland), the United States, is used to be a British colony. subsidiary's countries and regions, such as India, Pakistan, Singapore, Myanmar, Canada, Australia, New Zealand, Malaysia. China's Hong Kong region is also common law. Anglo-American legal system characteristics : (1) to the United Kingdom as the center, based on E (2) to the case law as the main form. (3) changes in the relative slow, conservative, "backward" thinking habits. (4) the development of law, the judge
(5) The system of allocation of resources, (6) process-oriented "legal point of view."
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扫描下载二维码What is the Difference Between Common Law and Civil Law?
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What is the Difference Between Common Law and Civil Law?
Common law is based on precedent.
Switzerland is a civil law country.
In a civil law system, a judge takes on an inquisitional role and asks the parties questions to rule on the legal issues involved.
Most of Canada operates on a common law system while the province of Québec uses a civil law system.
Brazil operates under a civil law system.
The state of Louisiana operates under the civil law system.
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Civil law is different from
in a number of ways.
This type of legal system originated from Roman law, and is still the standard in a number of countries around the world. Countries with this system of law include Brazil, France, Germany, Spain and Switzerland.
Common law is based on precedent and has been used since before the time when laws were first written down. This system of justice was developed in England and is still being used in Australia, most of Canada, England, India and the United States, except for the state of Louisiana. Judges, who are asked to interpret written law, make decisions, which are then used as precedents for future cases. The Canadian province of Quebec and Louisiana in the United States operate under the civil law system.
In jurisdictions where civil law is the method of justice that is being used, judges enforce the law strictly as it is written. People who are subject to civil law understand that when it comes to meting out punishments, a judge in a case will look at the legislation to determine the appropriate sentence or fine.
Under a civil law system, cases are decided by judges who are specially trained for their role. In common law countries, a person who is interested in becoming a judge must first go through the process of getting the education required to become a lawyer. The next step in the process is to practice for a number of years before being elected or appointed to the bench.
In a country where common law is the method used, lawyers are in charge of presenting the case before the judge in an adversarial system. Each side takes a position and presents evidence to support it. Under this system, the judge generally remains silent unless responding to an objection made by legal . Civil law judges take on an inquisitional role, and ask the parties questions to understand and rule on the legal issues involved.
When lawyers are preparing for trial in a common law country, they look to legal precedents to determine how the court may rule on a certain type of case. The judge may want to receive submissions of case law to support each side's position. Under a civil law system, the lawyers and the judge will refer to the written law, or code, for guidance. The code includes laws relating to property, commercial enterprises and individuals.
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Discuss this Article
anon166342
I just want to know that how can the people in the countries which use common law system be protected by law? because the judges in common law system use their own decision by following the previous precedents. I don't think that all the previous precedents can be used in every cases that occur in the different situations.
Comfyshoes- I wanted to add that defamation cases like this typically fall into civil litigation law because the plaintiff that is seeking the lawsuit is usually seeking significant monetary damages.
comfyshoes
SurfNturf-I agree but I also wanted to add that you can write the book as intended and you may have legal ground if you can prove that the information is truthful and dissseminating this information is a public safety issue.
This also falls into the privilege defense which means that you had to offer this information as a duty to other people. The last defense also pertains to the person's reputation as it currently stands.
If the person already had a bad reputation as a result of their past actions then chances are that any defamation action against you will not be successful.
For example, if you write a book about a person who was charaged and
convicted of sexual assault then all of the defense arguments come into play because it is a measure of public safety to let other know about this person's violent past.
Also, the fact that the person was convicted means that the charges were true and the fact that the person already suffered from a damaged reputation was a direct result of his previous actions not your book.
Sunny27 - I can answer that for you. In order to avoid any potential defamation, you would have to include some form of disclaminer that said that any similiarites regarding actually living people is merely a coincidence.It is the same type of disclaimer that they have before every "Law and Order" episode which base many of their story lines on real life stories.You also may want to change the names of the characters and include that you did that in your disclaimer. I hope that answers your question.
I wanted to know I could be used if I write a true story based on someone's life.
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Conjecture Corporationcommon law和civil law的区别是什么?
common law和civil law的区别是什么?
common law,即普通法,一般指英美法系中的概念,与衡平法相比较的一个概念,以英国法和美国法为代表；civil law,即民法法系,一般指大陆法系中的概念,指以罗马法为基础演化而来的法学体系,以德国法和法国法为代表.
与《common law和civil law的区别是什么?》相关的作业问题
大陆法系和英美法系的比较：1,分类不同,英美法系分普通法和衡平发,大陆法系分公法私法 2,法官在诉讼中的地位不同,英美法系奉行当事人主义,法官是中立者,大陆法系国家,法官占主导地位、 3 法律渊源不同,英美法系国家包括判例法,大陆法系国家不包括 4,法律编撰形式不同,大陆法系国家采用法典的形式,英美法系国家不然. 1、
看摆渡全科中普通法的解释.
普通法体系及民法体系的历史
习惯法是针对普通人的法律Common Law是一个法律专业术语,你可以百度下Comman Law或习惯法
普通法（习惯法）普通法的法制模式是承认规则的客观性,也就是大多数人的不成文的做法习惯、对错、黑白是普通法的基础.
完全不一样Business law主要讲的是contract（合同）和negligenceCorporate law讲的的是公司法,比如voting right,director‘s duty之类的 再问： 你好，那么可以把它们俩理解为法律的两个分支吗？ 再答： 可以
民法原是大陆法系的用语,英美法系诸国法律文献用民法一词往往是专指“大陆法”而言；但有时也指私法,或指商法以外的私法.
民法对商人的基本政策
Foreign civil law,不需要加s
基本上没有区别!firm本意有商业的含义,在外贸中经常用,有独立的主体资格. office只是一般的办公场所的含义.我在一份求职广告中看到过这句话：One of a top-tier U.S. law firm is looking for legal Assistant to join their Beijing o
侵权法比合同法的范围要宽的多.比如说A不小心用球砸到了B,B可以告A侵权,因为A的不小心（英国法）,再比如,狗仔小报诽谤某明星,这个明星也可以告小报侵权.但是他们之间并没有订立合同.合同法只有在有效合同订立之后,才能有法律效力,而合同双方的义务也是在合同中的义务,但是受损失方也可以告造成损失方侵权……总而言之,就是侵权
第一个的话,我觉得如果是美国应该写成the united state's law,意指联邦的法律,也就是国家的法律；第二个就是州法律
其实就“根据、按照”这个意思来说,by 和 under 的用法是一样的,这里你举的例子都是" according to a particular rule,method,or way of doing things"的意思.至于其他用法,本人的自我感觉是：by 的用法更倾向于描述动态事物,而under则偏向于描述静态.
是declare law 例如：宣布戒严
宣布某人有罪 declare sb. Beyond the Jordan,in the land of Moab,began Moses to declare this law,
the law is the law .法律就是法律.意思很强烈!
federal law 联邦法state law：各州所制定的州法一般来说,联邦法大于州法,联邦法和宪法大于其他一切法源.
sine law 正弦定理 a/sinA=b/sinB=c/sinC = 2R R 是三角形ABC外接圆的半径cosine law 余弦定理 cosC= （a^2 + b^2-c^2）/2a
由正弦定理得sinC/c=sinB/b所以sin40°/35=sinB/40sinB=8sin40°/7≈0.735所以B≈47.3°或B≈132.7°所以A=92.7°或A=7.3° 再问： 可是，为什么如果先算∠A的对边，得出边a=54.4，然后再用sine law算角A,答案就是87.5呢？？ 再答： 你用余弦定
其实意思都差不多的Civil Law versus Criminal Law comparison chart
Civil LawCriminal LawDefinition
deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.
Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.
To deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.
To maintain the stability of the state and society by punishing offenders and deterring them and others from offending.
Jury opinion
In cases of civil law, the opinion of the jury may not have to be unanimous. Laws vary by state and country. Juries are present almost exclusive virtually never involved in civil actions. Judges ensure law prevails over passion.
In the criminal justice system, the jury must agree unanimously before a defendant is convicted.
Case filed by
Private party
Government
Defendant can be found liable or not liable, the judge decides this.
Defendant is convicted if guilty and acquitted if not guilty, the jury decide this.
Standard of proof
&Preponderance of evidence.& Claimant must produce evidence beyond the balance of probabilities.
&Beyond a reasonable doubt&:
Burden of proof
Claimant must give proof however, the burden may shift to the defendant in situations of Res Ipsa Loquitur (The thing speaks for itself).
&Innocent until proven guilty&: The prosecution must prove defendant guilty.
Type of punishment
Compensation (usually financial) for injuries or damages, or an injunction in nuisance.
A guilty defendant is subject to Custodial (imprisonment) or Non-custodial punishment (fines or community service). In exceptional cases, the death penalty.
Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc.
Theft, assault, robbery, trafficking in controlled substances, murder, etc.
Either party (claimant or defendant) can appeal a court's decision.
Only the defendant may appeal a court's verdict. The prosecution is not allowed to appeal.
Commencement of proceedings
State/People/Prosecution by summons or indictment
By way of pleadings, Representatives of the state, Prosecutor, Attorney General.
In , a case commences when a complaint is filed by a party, which may be an individual, an organization, a
or a corporation, against another party. The party complaining is called the
and the party responding is called the
and the process is called . In civil litigation, the plaintiff is asking the court to order the defendant to remedy a wrong, often in the form of monetary compensation to the plaintiff. In , in criminal law, the case is filed by the government, usually referred to as the State and represented by a , against a . An individual can never file criminal charges against another person: an individual may report a crime, but only the government can file criminal charges in court. Crimes are activities punishable by the government and are divided into two broad classes of seriousness:
having a possible sentence of more than one year incarceration and
having a possible sentence of one year or less .
Punishment
One of the notable differences between civil law and criminal law is the punishment. In case of criminal law a person found guilty is punished by incarceration in a prison, a fine, or in some occasions death penalty. Whereas, in case of civil law the losing party has to reimburse the plaintiff, the amount of loss which is determined by the judge and is called . A criminal litigation is more serious than civil litigation, so the criminal defendants have more rights and protections than a civil defendant.
Burdens of proof
In case of criminal law, the burden of proof lies with the government in order to prove that the defendant is guilty. On the other hand, in case of civil law the burden of proof first lies with the plaintiff and then with the defendant to refute the evidence provided by the plaintiffs. In case of civil litigation if the judge or jury believes that more than 50% of the evidence favors the plaintiffs, then plaintiffs win, which is very low as compared to 99% proof for criminal law. In case of criminal law, defendant is not declared guilty unless approximately more than 99% proof is against him.
How the system works
One can say that criminal law deals with looking after public interests. It involves punishing and rehabilitating offenders, and protecting the society. The police and prosecutor are hired by the government to put the criminal law into . Public funds are used to pay for these services. If suppose you are the victim of the crime, you report it to the police and then it is their duty to investigate the matter and find the suspect . In most cases, if a charge has been properly presented and if there is evidence supporting it, the Government, not the person who complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. On the other hand, civil law is about private disputes between individuals or between an individual and an organization or between . Civil law deals with the harm, loss, or injury to one party or the other. A defendant in a civil case is found liable or not liable for damages, while in a criminal case defendant may be found guilty or not.
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