PLA 3108 Chapter Notes - Chapter 1: Precedent, United States Constitution, Jurisprudence Constante
6 Apr 2016
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Common law and civil law systems rely on different sources of law. A traditional common law system emphasized case law or common law over legislation. The civil law system that traditionally emphasizes a comprehensive statutory code over case law. Common law is developed case-by-case from court decisions. Legal principles are developed over time as cases are decided. Judges decide cases after examining what other courts have done in similar cases in the past. The common law system considers prior case law to be a very high source of authority and follows the doctrine of stare decisis. Legislation could provide resolution to commonly occurring disputes without waiting for the courts to decide on a case- by-case basis. As federal and state legislatures became more active, statutory law increased in importance. Statutes have replaced common law as the primary source of law. (cid:1) (cid:1) Civil law is based on a civil code, a systematic and comprehensive written set of rules of law.
