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3 Nov 2009, 9:39 PM
| #1 (permalink) |
| New Member HSC: 2010 Gender: Male
Join Date: Oct 2009
Posts: 1
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18 Nov 2009, 9:46 PM  | Main differences between common and civil law systems You can hide this advertisement by registering. Outline the main differences between the common law and civil law systems.Could anyone help with this please? Its for a short answer question. I'm pretty much after the key differences. Abit muddled in it. |
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4 Nov 2009, 11:39 AM
| #2 (permalink) |
| Ringo, suki?  HSC: 2009 Gender: Female Location: Sydney
Join Date: Apr 2007
Posts: 20
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15 Nov 2009, 5:36 PM | Re: Main differences between common and civil law systems Without going into the history of things -> Type of trial- Common uses adversarial, Civil uses inquisitorial Laws - Common is more precedent based (the common law) whilst Civil has codified laws, and so judges normally apply law without precedent. Judge - More proactive in Civil law Precendent - Courts in civil aren't bound by decisions of higher courts. Sometimes in Australia, the systems have a bit of a mix though. Such as for Children's Court, they trialed a less adversarial system and how modern legislation has become more detailed and is halfway to codification anyway. 2.5 hours till exam start. Gl ppl.
__________________ HSC '09 Subjects -Advanced English- -Legal Studies- -Japanese Continuers- -Japanese Extension- -Maths Extension 1- -Maths Extension 2- |
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