Explore BrainMass

Common law vs. civil law

1. Explain the following statement: 'The Common Law system is much more adaptable to social progress than the Civil Law system'.
2. How do lawyers use precedent to argue their cases?
3. Compose two analogies. You may select anything to write about, yet ensure that the analogies are correct in form and logic.

Solution Preview

Dear Student,
Hi and thank you for using BrainMass. The solution below should get you started. In this particular task, you are being asked to answer 3 questions. I suggest providing a straightforward answer to each, including the required examples. Use no more than 100 words as an answer per question. You can also use the listed resources to further explore the topic. Just let me know via the feedback section if you need further clarification. All the best with your studies.

Common Law & Social Progress

Common law, simply put, are rules of doing and living within a culture or social group that is known to be the rules by members of said social system but is not codified or written down. Common law thus are developed traditions, utilized and practiced by people based on the lessons of the past and carried on to the present because of their essentiality in keeping tradition and cultural identities, including mores and beliefs. The School of Law of the University of California at Berkeley (2013) explains common law and its difference with civil law as follows:

"Common law is generally unmodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law ...

Solution Summary

The solution provides information, assistance and advice in tackling the task (see above) of exploring the difference between common law vs. civil law. Resources are listed for further exploration of the topic.