Our legal system is a complex compilation of laws gathered from societies from around the world. Some of these laws are assembled in written form, while others are simply the result of long-practiced traditions that have been adopted by our society. Typically, civil law is recorded in a written document, while common law is essentially an accepted practice. This is just one way these two types of laws are distinguished.

The Distinguishing Features of Common Law

While some common laws are adopted and established as civil law, this isn’t always the case. In a common law system, the laws established through judicial review are just as binding and enforceable as laws established through legislation. Common law is also defined by a freedom of contract, which simply means there are few restrictions on who can engage in contractual relationships. Although there may be laws to protect individual consumers, the parties have the freedom to establish the terms of the contract without government interference.

An important feature of common law governments is that freedom is highly valued. Unless there is a specific law prohibiting the act, the government won’t interfere in the lives of its citizens.

The Civil Law System is More Complex

Each state in the United States has its own book, or code, of civil laws, which we have adopted from laws in many other countries. We have also expanded on those laws and established new laws that meet the needs of our modern society. These laws are established primarily through legislation, although there are allowances for judicial review. This means one court will likely support the decisions of another court, establishing a specific law that will be binding.

In a civil law society, there are specific courts to handle certain legal matters. For instance, the United States has a criminal court system and family court system. We also distinguish between family court, probate court, and bankruptcy court. Each case is assigned to a specific court, depending on the laws that govern that case.

Finally, the civil court system is more restrictive. Contracts are governed by specific rules and mandates, designed to protect the parties involved. Contracts that aren’t compliant with applicable legal provisions may not be enforceable.

When there is a conflict between the two types of laws, civil law is usually given priority over common law. Of course, this may depend on the jurisdiction and the specific details of the case. This is why it’s important to be able to distinguish between civil and common law in terms of facing problems in our legal system.