Common Law vs Civil Law
Comments debate whether a specific legal principle or practice applies primarily to common law jurisdictions (e.g., US, UK) versus civil law systems (e.g., Europe, Louisiana), highlighting differences in precedent, codification, and judicial roles.
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Is this true only in common law jurisdictions (most of the USA and UK), rather than civil law jurisdictions (Louisiana, Europe)?
Including in countries where we use code law rather than common law ? That seems strange.
That's in the UK, which has a common law system like the US.
So it's pretty much the common law countries vs the resthttps://en.wikipedia.org/wiki/Common_law#/media/File:Map_of_...
Probably, the common law vs. Civil law has a lot to do with that.
What you're describing is a common law system, which is basically what the US has[1].[1]https://en.wikipedia.org/wiki/Common_law
You are apparently unfamiliar with the legal systems in the US (the federal system and 49 states), which are Common Law[0] systems (Louisiana uses a French style "Civil Law" system):"In law, common law, also known as judicial precedent, judge-made law, or case law, is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.[2][3][4] The defining characteristic of “common law” is that it arises as precedent. In cases w
Are you American or European? US law (common law) works very differently from European law (civil law).
It's worth pointing out there are different legal foundations. The United States is on something called Common Law [1], in which courts are generally supposed to follow precedent and not make up new stuff or function as de facto legislatures. Obviously, this is one of those plans that doesn't necessarily survive contact with the enemy, but under common law it is reasonable to criticize the court here as potentially overreaching. A mitigating factor in that criticism is precisely that m
This seems like the classic case of common law against civil law.