COMMON LAW AND CIVIL LAW SYSTEM...ROLES OF JUDGES AND LAWYERS IN EACH SYSTEM
Common law is generally uncodified . 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 known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge. Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict. Lawyers make presentation to the judge ( sometimes to Jury) and examine witnesses themselves. The proceedings ...