Distinguishing CIVIL LAW from COMMON LAW systems:

Question

Accepted Answer

A. CIVIL LAW (Continental Europe, Latin America): codified statutes are primary; judicial decisions are persuasive; inquisitorial process; PRIMARY ROLE of legislator; COMMON LAW (UK, USA, India, Australia): case law and stare decisis primary; judicial decisions binding; adversarial process; PRIMARY ROLE of judge

1. CIVIL LAW (Romano-Germanic) systems:
2. (i) Roots: ROMAN LAW (Justinian's Corpus Juris Civilis 6th century); medieval revival in European universities; NAPOLEONIC CODE 1804; German BGB 1900;
3. (ii) Primary source: CODIFIED STATUTES (comprehensive civil code);
4. (iii) Judges APPLY codes; judicial decisions are PERSUASIVE only;
5. (iv) INQUISITORIAL procedure — judge actively investigates;
6. (v) Countries: France, Germany, Italy, Spain, Latin America, Japan, China (with socialist law influences).
7. COMMON LAW systems:
8. (i) Roots: ENGLISH common law from 12th century; CASE LAW develops through royal courts;
9. (ii) Primary source: CASE LAW + STATUTES + COMMON LAW PRINCIPLES;
10. (iii) Judges MAKE law through precedents; STARE DECISIS binding;
11. (iv) ADVERSARIAL procedure;
12. (v) Countries: UK, USA, India, Canada (except Quebec), Australia, NZ, most Commonwealth countries.
13. India: COMMON LAW system with extensive STATUTORY codifications (IPC, Contract Act, etc.).
14. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Comparative Law fundamentals_

Answer

both are identical (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals)

Answer

civil law has no statutes (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals)

Answer

common law has no precedent (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals) (cf. Comparative Law fundamentals)