Civil and Common Law

Differences between civil law and common law systems

* The majority of civil law jurisdictions follow an inquisitorial system of adjudication, in which judges undertake an active investigation of the claims by examining the evidence and preparing reports.
* In common law systems, the trial judge, the investigators, and the prosecution are separate functions. After an investigation has been completed and charges lodged, the trial judge presides over proceedings grounded in the adversarial system of dispute resolution, where both the prosecution and the defense prepare arguments to be presented before the court. Some civil law systems have adopted adversarial procedures.

Proponents of each system tend to consider that their system defends best the rights of the innocent. There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defense with adequate rights. Conversely, there is a tendency in countries with an inquisitorial system to believe that accusatorial proceedings unduly favor rich defendants who can afford large legal teams, and are very harsh on poorer defendants.

Civil and Common Law Best Sellers from Amazon.com

The Spontaneous Healing of Belief: Shattering the Paradigm of False Limits
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The Death of Common Sense: How Law is Suffocating America
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Civil and Common Law News

• QA: Sharia Law Explained BBC News
The BBC News website looks at how the system of Sharia law works and fits into society.
• Experts Unveil Index To Check Nations Rule Of Law Washington Post
VIENNA, Austria Legal experts from 95 countries have devised a way of measuring how well leaders, officials and judges are meeting the basic principles of law and human rights.
• Nigeria: Civil Society Group Seeks Law On ICT AllAfrica.com
The National Assembly has been called upon to take urgent steps to address the several draft legislation on Information and Communication Technology ICT pending before the National Assembly if Nigeria is to keep pace with contemporary democratic culture and development.
• Notice From The Securities Law Firm Of Klayman Toskes To Investors Who Purch...
NEW YORK, July 3, 2008 One week after Massachusetts Secretary of State filed civil fraud charges, Docket No. 2008 0045, against UBS Securities, LLC and UBS Financial Services in connection with sales of Auction Rate Securities, the Securities Law Firm of Klayman Toskes, P.A. said that it has received numerous inquiries from purchasers of Auction Rate Securities who no longer have access
• Marshalls Legacy Sparks Discussion On Civil Rights NPR
Thurgood Marshall, the first African American to serve on the Supreme Court, would be 100 today if her were still alive. In commemoration, John Payton, of the NAACP Legal Defense Fund Luis Vera, of United Latin American Citizens and law professor Bill Hing discuss Marshalls legacy and new frontiers in the civil rights movement.

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