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22 July, 10:41

What is the difference between a civil law tradition and a common law tradition?

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  1. 22 July, 14:40
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    Common law tradition emerged in England was applied within the British colonies in America. Civil law tradition emerged in Europe and was implemented in Colonies of Spain and Portugal.

    Explanation:

    Common law is mostly not codified and thees are statutes which are based on the similar cases that were dealt in past. the previous cases are documented and judgement are referred for future purposes. It acts as an adversarial system. Two conflicting parties are present before the judge who act as moderates. The jury who were not trained deals with the case and the judgement is ruled.

    Civil law is codified. It is documented in a comprehensive manner. the statutes are mentioned and the punishment for the guilty is also specified under this law. Judge' role is to establish the judicial code and implement the provisions mentioned in the code.
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