Comparative Analysis: UK Common Law vs Civil Law Approach

Generally, the legal environment around the globe can be classified into two major types: common law and code law (civil). The US has a common law system while Germany has civil law.  In common-law nations, the chief source of power is case law in the method of judicial opinions. Furthermore, in the US legal system, judges serve as arbitrators, presiding over lawyer-directed trials and forming suitable resolves fairly flexibly. (Ligeti, (2019). On the other hand, in a coded law system, such as in Germany, judges have a more fundamental inquisitorial function to examine facts, cross-examine suspects, scrutinize witnesses, and execute codified law to their verdict in a rather stricter way as compared to the US law system. in the US, cases are predominantly resolved centered on precedent, which is used to rule the present or future cases. However, in Germany, civil law is codified, meaning that they have restructured legal codes covering all matters capable of being presented in court, the pertinent process, and the suitable penalty for every felony. the precedent in civil law is just used to ascertain administrative of constitutional court matters. 

Since a judge or a panel of judges will resolve all cases coming to court, there is no usage for juries in the German legal system. In some particular (criminal) cases, several lay individuals are appointed to help the judge, and their votes amount just as much as the judge’s vote. (Badawi, (2019). On the other hand, the US legal system prerequisites a jury panel comprised of laypersons who evaluate evidence bestowed to them and discover facts and implement the law.

In both countries, the sources of law include the constitution, custom, legislation, (subsidiary legislation and statutes), and international law. However, the US legal system draws laws from court precedent and convention. (Gelter, (2018). The German legal system also draws from judicial precedent and convections in continental systems. However, they are not commonly recognized. Finally, both legal systems have case law, they approach regulation and settle issues in distinct ways, from distinct perspectives.

References

Badawi, A. B., & Dari-Mattiacci, G. (2019). Reference networks and civil codes. See Livermore & Rockmore, 2019, 339-65.

Gelter, M., & Helleringer, G. (2018). Fiduciary Principles in European Civil Law Systems.

Ligeti, K. (2019). The Place of the Prosecutor in Common Law and Civil Law Jurisdictions. The Oxford Handbook of Criminal Process.