No video

The civil law and common law compared

  Рет қаралды 30,728

Griffin Pivateau

Griffin Pivateau

Күн бұрын

Table of Contents:
00:00 - Western legal systems
00:23 - There are elements to contrast within the civil law and common law
00:34 - Origins
01:32 - Structure
01:40 - Structure
03:04 - Structure
03:12 - Structure
03:15 - Structure
03:21 - Sources of the law
04:21 - Legislation
05:02 - Case law
05:57 - Case law
07:03 - Role of the judge
08:35 - Central actor in shaping the law
09:43 - Juries
11:10 - Lawyers
13:02 - Trials
13:58 - Trials
14:06 - Discovery of evidence
15:44 - Admissibility of evidence
15:52 - Admissibility of evidence
16:55 - Admissibility of evidence
16:58 - Admissibility of evidence
17:00 - Admissibility of evidence
17:05 - Admissibility of evidence
17:06 - Appellate review
17:15 - Appellate review
18:37 - But is there really a difference?
19:30 - Western legal traditions have in common:

Пікірлер: 38
@zedeyejoe
@zedeyejoe 6 ай бұрын
The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
@PeteMachini6732
@PeteMachini6732 2 жыл бұрын
Thank you! This was very helpful.
@pivateau
@pivateau 2 жыл бұрын
Glad it was helpful!
@alimermer4698
@alimermer4698 3 жыл бұрын
Many thanks for your guidance, help, and efforts.
@pivateau
@pivateau 2 жыл бұрын
Glad it helped
@bartholomeusbima6293
@bartholomeusbima6293 Жыл бұрын
semangat merangkumnya teman-teman
@she2lagan341
@she2lagan341 4 ай бұрын
Very helpful. But can you also clear the difference as to who is responsible in giving verdict or decision and the rules over it? That's my only grey area.
@jelleadriane7848
@jelleadriane7848 3 жыл бұрын
Thank you so much!
@MrToryhere
@MrToryhere Жыл бұрын
In most civil cases in common law countries a judge is the finder of fact. Juries are very rare in anything but criminal cases.
@pivateau
@pivateau Жыл бұрын
Yes, you are correct, this is true in most common law countries. Of course, in the United States, the jury trial plays a much larger role. The United States Constitution Article 3, as well as the Sixth and Seventh Amendments, all reference the importance of the jury trials. Most state constitutions also guarantee the right to a jury trial for most civil disputes.
@Michael-st9ky
@Michael-st9ky 5 жыл бұрын
Thanks!
@ricardinhofonzie5949
@ricardinhofonzie5949 Жыл бұрын
Legislation does not represent the will of the people. There are no referendum that exist now for the people to give consent. Government is now a corporate entity and therefore rule through contracts. Further, bills acts and statutes are created without consent of the people or lawfully established check and balances to validate said acts against constitution, bill of rights to determine conflict.
@ggmtalents
@ggmtalents Жыл бұрын
Could you please elaborate further on the differences between the United Civil Code and the U.S. Constitution?. I believe this will be crucial knowledge for the future of our country and world peace. Thank you.
@chrispreston256
@chrispreston256 2 жыл бұрын
Every day people don't have to learn this mess but is being charged and tried under it
@leploeo7145
@leploeo7145 2 жыл бұрын
thanks man👌
@pivateau
@pivateau Жыл бұрын
Happy to help!
@coolkits670
@coolkits670 Жыл бұрын
does civil and common law compare cases to law? and how?
@dawnferguson3542
@dawnferguson3542 4 жыл бұрын
the stay with the creator Law thanks
@JohnJohnson-hk1bh
@JohnJohnson-hk1bh 3 жыл бұрын
Natural Law indeed. Do no harm. In a Free State only crime is to cause harm or violate an agreement. Common Law is based on Natural Law, the Judge is dependent on the Jury. Actio non dator non damnificato., I.E. No harm no foul. Prohibitions are a violation of Law, save the prohibition of real injury. Freedom means no Masters, Rulers, or Kings, We elect Servants not Masters. Common law relies on precedent indeed, but the decision is made by the Jury, not the Judge. We forget our freedom, we can not defend what we do not know. The Rights in the Constitution can not be limited or amended, they stand forever as natural God given Rights. Not legal advice. -Author Unknown. . . #EffectChangeandLiveFree -Copy and Paste if you Agree-
@asonjwudlok466
@asonjwudlok466 Жыл бұрын
common Law - NO Victim/ No Crime
@ggmtalents
@ggmtalents Жыл бұрын
Would it be therefore legitimate to say that civil law practices actually do give way for corruption to exist?
@Rotwold
@Rotwold Жыл бұрын
Why would it? If corruption happens in the common law system and it is deemed lawful, other courts should then also judge it the same way. The civil law would be more flexible to rule differently from case law, but if the corruption is written in to law, then yeah it would obviously give way for corruption. In my country (civil law) affirmative action is not allowed because it is discriminatory by definition, as it assign different values to gender, religion or ethnicity. It would require that the government changed the law for it to be allowed.
@ggmtalents
@ggmtalents Жыл бұрын
Thank you. I am curious as to what is your country? If I may ask.
@Rotwold
@Rotwold Жыл бұрын
@@ggmtalentsdon't want to specify but I am from a Scandinavian country :) they do have very similar systems overall
@ggmtalents
@ggmtalents Жыл бұрын
@@Rotwold I am aware I lived in Germany for over a decade so yes, I can relate. Best years ever!!!
@nosheenkanwal2872
@nosheenkanwal2872 Жыл бұрын
A
@iamheandheisinorsemen2605
@iamheandheisinorsemen2605 5 жыл бұрын
So your stating common law, was imposed on to people, and Roman civil law was voluntary adopted? Was it adopted knowingly, or through trickery? Read those first 2 statements again my friend. Don't know where you got your information, but that is obviously turned upside down. COMMON Law, "COMMON"?? means it's familiar, everyone followed it knowingly and voluntary, because most of it is through nature for being man/women. If anything was "IMPOSED" onto people it would have been Roman Civil law with a lower case L, Men always trying to put themselves above the true Creator. People want to know why our world's turned upside down, because of controlling greedy fools control everything and the guns, forcing, or I mean IMPOSING their will on to innocent people who want to live commonly.
@hannaho3061
@hannaho3061 4 жыл бұрын
can't tell if satire
@ThePp12345678
@ThePp12345678 4 жыл бұрын
The first thing that I thought when he described Common Law is that he's had his info from pro-EU source. Role of the "Judge" in Common Law is that he is an overseer and is there ONLY to ensure the Law is upheld during proceedings. The protections that Man can only be judged by his equals, ensures a fair outcome as it easier to influence one man "The Judge" that a group of 12 random people who would be conscious of maintaining a system that is fair and just, should they ever be falsely charged with a crime, as they would want and expect a fair trail. We also have Habeas Corpus our protection from state targeting individuals and locking them up without multiple reasons explaining why that individual is the one suspected of committing that crime. They have to clearly justify the arrest and subsequent charges and if the information provided does not stand up to scrutiny the person is released. In Civil Law you can be locked up for a "reasonable amount of time" which is open to corruption as reasonable is not defined and people can be locked up for months before being charged. With individuals locked up how can they fairly access the information and help needed to prove their innocence as Civil Law places the burden on the individual to prove their innocence. In Common Law it's the opposite, where the burden is placed on those prosecuting to provide the evidence of guilt. . It's a system that protects the individual from from persecution by the state and was set up to ensure that individual freedoms and rights are protected. Notice how he fails to mention that the Common Law system means equal justice for all and does not allow for individuals to get away with crimes because of their social standing as "no man is above the Law" & "everyone is equal in the eyes of the Law" so no special treatment & no unfair treatment is tolerated. Which again is why a jury trial is the only way to protect individuals and another protection is that should one member of the Jury be completely unconvinced of guilt & explains their reasoning then not guilty must be the outcome, as staining an innocent man's character with a guilty verdict and locking up an innocent man us an incomprehensible and unthinkable act in itself. To protect the rights of every man that they may live free from tyranny is the system that common law is based on. Common Law is just, civil law is easy to become corrupted, as complete power rests in one person's hands (the Judge) which common law recognises is a system that could easily be influenced whether through financial incentives,one person could be blackmail with regards to his personal life to pass a guilty or not guilty verdict or the threat of violence could been used to sway the outcome. Which is why 12 random people of their equals is the only way for liberty. I rest my case 😉
@ThePp12345678
@ThePp12345678 4 жыл бұрын
@@hannaho3061 ? Civil Law Corpus Juris is easily corruptible and is a top down system where people at the top have all the influence & those at the bottom could be used as an "example" & given a unfair and excessive sentence to sway or threaten others from doing the same, which in itself sounds good but what if that crime was using their rights of freedom of speech to expose criminal activity within Government or what if it was for peacefully protesting? That's why Common Law is the only fair and just system.
@hannaho3061
@hannaho3061 4 жыл бұрын
@@ThePp12345678 I was responding to Norsemen's comment: COMMON Law, "COMMON"?? means it's familiar, everyone followed it knowingly and voluntary, because most of it is through nature for being man/women. If anything was "IMPOSED" onto people it would have been Roman Civil law with a lower case L etc etc This is wildly mistaken - without getting into centuries of ancient/medieval/ Enlightenment European history, both the common law and civil law systems were firmly imposed on constituents by Kings/Church/Statesmen (and later imposed on other countries in colonial projects). As to which system of law is more "corruptible", which I wasn't really getting in to, neither is inherently better or worse. There are strengths and weaknesses in both ways of sourcing law. There are benefits to a codified system in which laws are available and accessible - you can go to any store in France or Italy for example and literally buy the entire law in a book for 5 euros or so. Judicial law making in the common law system by stare decisis is necessarily reactive and incremental, as it requires parties with resources and facts and arguments in order for a judge to "make law". Additionally, judges are not accountable to the people so there is a strong argument that it is less democratic. Whilst this all sounds negative, I am a common law lawyer and naturally have a preference for the common law by reason of familiarity. People living under both systems are comparably happy with how justice is administered. To get to the crux of your argument - both legal systems are "top down" and leave their people vulnerable. Your example is equally true for both civil and common law systems so I think you might be mistaken as to content of the laws. There are examples of corrupt jurisdictions in both systems - look at the disaster of "democracy" in the United States currently, or civil law Scandinavia where people enjoy a high sense of personal freedom and democracy as well as an admirable criminal justice system.
@inteallsviktigt
@inteallsviktigt 2 жыл бұрын
@@ThePp12345678 civil law you must prove guilt as you do in common law. And everything is codified. Reasonable is defined. Locked up is based on likelyhood of escaping and not your ability to pay bale
@JohnJohnson-hk1bh
@JohnJohnson-hk1bh 3 жыл бұрын
Natural Law indeed. Do no harm. In a Free State only crime is to cause harm or violate an agreement. Common Law is based on Natural Law, the Judge is dependent on the Jury. Actio non dator non damnificato., I.E. No harm no foul. Prohibitions are a violation of Law, save the prohibition of real injury. Freedom means no Masters, Rulers, or Kings, We elect Servants not Masters. Common law relies on precedent indeed, the decision is made by the Jury, not the Judge, for good reason. We forget our freedom, we can not defend what we do not know. The Rights in the Constitution can not be limited or amended, they stand forever as natural God given Rights. The Constitution can be amended, they may add rights, but take non away. That is why the Alcohol prohibition was unlawful and unconstitutional ab initio, prohibitions on substances or properties, like guns, are never lawful. Cannons fall under the right to bear arms because merchant ships have Equal Right to defend themselves from pirates. I can't vote for someone to kick in your door and steal your medicine or property, because I haven't the power to grant to my representative public servants. You forgot, Common Law Judges are voted in by the people, not appointed by legal "scholars". Not legal advice. -Author Unknown. . . #EffectChangeandLiveFree -Copy and Paste if you Agree-
@ricardinhofonzie5949
@ricardinhofonzie5949 Жыл бұрын
By your summary, you state; you cannot take away the right to bare arms. People have the right to protect themselves. If governments cannot take away rights, how do we mitigate those who use weapons to cause harm?
@buzzfeedblkbox3628
@buzzfeedblkbox3628 4 жыл бұрын
Bias
1   7   Legal Traditions  The civil law and the common law 15 10
15:11
Law & Order in Ancient Rome - The Law
15:09
Invicta
Рет қаралды 280 М.
A teacher captured the cutest moment at the nursery #shorts
00:33
Fabiosa Stories
Рет қаралды 62 МЛН
My Cheetos🍕PIZZA #cooking #shorts
00:43
BANKII
Рет қаралды 24 МЛН
Constitution 101 | Lecture 1
34:16
Hillsdale College
Рет қаралды 2,2 МЛН
What Is Sharia? | Andrew March
6:29
Emir-Stein Center
Рет қаралды 398 М.
Common Law vs. Civil Law - Prof. Holger Spamann (Harvard)
17:44
Center for Law & Economics ETH Zurich
Рет қаралды 8 М.
Holger Spamann examines the myths and reality of common and civil law
1:01:16
Harvard Law School
Рет қаралды 10 М.
Overview of the American Legal System and the Life of a Case (2019)
45:46
University of Virginia School of Law
Рет қаралды 75 М.
How to Read a Case: And Understand What it Means
15:25
LegalEDweb
Рет қаралды 556 М.
1 3 What is Common Law
25:41
Jieun Jeong
Рет қаралды 15 М.
20) Ugo Mattei Il Common Law
50:00
Tv Unimore
Рет қаралды 28 М.
Do you REALLY Understand Common Law?
11:53
BlackBeltBarrister
Рет қаралды 15 М.