Law is a vast and complex field that encompasses many different areas of practice. However, there are three types of law that are most commonly recognized: civil law, criminal law, and common law. Each of these types of law has its own unique characteristics and is used to govern different aspects of society. In this article, we will explore the three most common types of law in more detail.
Civil Law
Civil law is a legal system that is based on written laws, statutes, and codes. It is a legal system that is used to resolve disputes between individuals, organizations, or entities. Civil law is concerned with issues such as property rights, contract disputes, and family law matters such as divorce and child custody.
One of the key features of civil law is that it is based on the concept of codification. This means that the laws are written down in a formal legal code or statute, which provides a clear and definitive statement of what is legal and what is not. Civil law is also characterized by the use of a judge or panel of judges to interpret and apply the law in specific cases. Civil law involves comprehensive written codes and statutes that are constantly updated. They anticipate all potential matters that might be brought into court, lay out the appropriate procedures for dealing with them, and suggest a punishment for every offense. These codes are separated into categories:
The civil justice system is a forum for parties, who bear some responsibility for the crime, to resolve their disputes. These complaints are filed by individuals (known as Plaintiffs or Petitioners) who seek to hold the offender (known as Defendants or Respondents) accountable for committing the crime or allowing it to happen. In civil cases, the Defendant/Respondent is not entitled to an attorney. Most often, a civil court’s finding of liability means that the defendant must pay the victim and/or the victim’s family money for any harm or damages. In this respect, the civil justice system can provide victims with more financial means needed to help rebuild their lives. Victims often use civil justice awards to pay for services they need, such as medical care, counseling, or repairing or replacing property. Going through the civil system is not dependent on police involvement.
Substantive law determines which acts should involve criminal or civil prosecution.
Procedural law provides guidance for determining if an action is a criminal offense.
Penal law determines the appropriate penalty for the offense.
The judge’s role in a civil law system is to determine the facts involved in the case and apply the correct parts of the code to it. The judge can bring charges and run the investigation but must follow an established procedure in deciding the case and pass judgment according to comprehensive laws. The laws themselves are not shaped by the judge’s decisions, but by scholars and legislators who can revise and rewrite them
Another important aspect of civil law is that it is primarily focused on compensating the injured party or parties for their losses. For example, in a civil case involving a contract dispute, the injured party may be awarded monetary damages to compensate them for any losses they have suffered as a result of the breach of the contract.
Civil law is used in many countries around the world, including many European countries and countries in Latin America. It is also used in some states in the United States, such as Louisiana.
Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings.
In their technical, narrow sense, the words civil law describe the law that pertains to persons, things, and relationships that develop among them, excluding not only criminal law but also commercial law, labor law, etc. Codification took place in most civil law countries, with the French Code civil and the German BGB being the most influential civil codes.
A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists.
A well organized system that favors cooperation, order, and predictability, based on a logical and dynamic taxonomy developed from Roman law and reflected in the structure of the codes.
An adaptable system, with civil codes avoiding excessive detail and containing general clauses that permit adaptation to change.
A primarily legislative system, yet leaving room for the judiciary to adjust rules to social change and new needs, by way of interpretation and creative jurisprudence.
Criminal Law
Criminal law is a legal system that is concerned with the punishment of individuals who have committed crimes. Crimes are defined as actions that are considered to be harmful or threatening to society as a whole. Criminal law is used to prosecute individuals who have committed crimes such as murder, theft, and assault.
One of the key features of criminal law is that it is based on the principle of culpability. This means that an individual can only be found guilty of a crime if they had the intent to commit the crime and knew that their actions were illegal. Criminal law is also characterized by the use of a prosecutor who brings charges against the accused, and a judge or jury who determines whether or not the accused is guilty.
Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.
The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states, the common law of crimes has been repealed by legislation. The effect of such actions is that no person may be tried for any offense that is not specified in the statutory law of the state. But even in these states the common-law principles continue to exert influence, because the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law. In the remaining states prosecutions for common-law offenses not specified in statutes do sometimes occur. In a few states and in the federal criminal code, the so-called penal, or criminal, codes are simply collections of individual provisions with little effort made to relate the parts to the whole or to define or implement any theory of control by penal measures.
Unless a crime is a strict liability crime (meaning that no particular mental state is required), statutes typically break crimes down into two elements: an act (the “actus reus”) and a mental state (“mens rea”), such as knowingly or recklessly. In order to be convicted of a crime, a prosecutor must show that the defendant has met both of these elements. For example, larceny is the taking of the property of another with the intent to deprive them of it permanently. Thus, the defendant must have committed the act of taking the property and have done so with the mental intention to take the property of another (as opposed to believing that the property belonged to him).
It is not enough for a prosecutor to suggest that the defendant committed a crime. Rather, the prosecutor is required to prove each and every element of a crime “beyond a reasonable doubt” in order for a defendant to be convicted. Police officers, prosecutors, and other government officials must also follow certain procedures in pursuing criminal activity. This is because all citizens have certain constitutional rights that the government must respect and protect. If these rights are not respected, it may prevent a prosecutor from obtaining a conviction in a case. The United States Constitution sets forth these rights and the protections that are afforded to defendants. For instance, if a citizen is arrested for a suspected burglary, police officers may wish to question the individual in connection with the crime.
Criminal law is typically associated with the state or government, as it is the responsibility of the state to ensure that its citizens are protected from criminal activity. Punishments for criminal offenses can range from fines and community service to imprisonment and even the death penalty.
Criminal law is used in countries around the world, although the specifics of the legal system may vary from country to country. In the United States, criminal law is primarily handled at the state level, although there are also federal criminal laws that apply to certain types of offenses.
Common Law
Common law is a legal system that is based on judicial decisions and precedents. It is a legal system that has evolved over time, based on the decisions of judges in specific cases. Common law is primarily used in countries such as the United Kingdom, Canada, Australia, and New Zealand.
One of the key features of common law is that it is based on the principle of stare decisis, which means that judges are required to follow the precedents set by previous cases. This means that the decisions made by judges in previous cases are used to inform the decisions made in current cases.
Common law is also characterized by the use of juries in some cases, as well as the use of judges to interpret and apply the law in specific cases. Common law is used to govern a wide range of legal issues, including contract law, tort law, and property law.
Common law is law that is derived from judicial decisions instead of from statutes. American courts originally fashioned common law rules based on English common law until the American legal system was sufficiently mature to create common law rules either from direct precedent or by analogy to comparable areas of decided law. In the 2019 Supreme Court case of Gamble v. United States, Justice Thomas issued a concurring opinion discussing common law and, in particular, the role of stare decises in a common law system. Though most common law is found at the state level, there is a limited body of federal common law–that is, rules created and applied by federal courts absent any controlling federal statute. In the 2020 Supreme Court opinion Rodriguez v. FDIC, a unanimous Court quoted an earlier decision to explain that federal “common lawmaking must be ‘necessary to protect uniquely federal interests'” in striking down a federal common law rule addressing the distribution of corporate tax refunds.
Common law is one of two legal traditions that most nations follow. The other is civil law. Common law dates back to the Middle Ages in England. It was used in colonies as the British empire spread throughout the world.3 min read
Common law is one of two legal traditions that most nations follow. The other is civil law. Common law dates back to the Middle Ages in England. It was used in colonies as the British empire spread throughout the world.
Civil law was more commonly applied in parts of continental Europe and used in colonies belonging to Spain, Portugal, and other countries. Later, in the 19th and 20th centuries, many countries with different legal structures adopted civil law as they reformed their legal systems. This allowed them to increase their political and economic power to compete with Western European countries and municipalities.
Americans are familiar with a legal system still based on the English tradition of common law. They might consider civil law to be confusing and unfamiliar.
Common law isn’t a set of formal statutes like you would find in Roman law, for example. Instead, it’s based on court-established legal precedents. Verdicts given by public juries and judicial authorities are institutionalized and serve as a foundation for any future court decisions in similar cases.
It’s also referred to as case law, as it’s the law created by judges for decisions on individual cases or disputes.
Legal precedent, also known as “stare decisis,” represents the history of judicial decisions which can be used in future cases. Common law refers to a detailed record of previous court cases, especially when no formal statute can be applied to a particular circumstance. It’s up to the presiding judge to resolve which precedents are relevant for a given case.
