Civil Law Vs Common Law: Main Differences, Career Scope and Jobs
Want to learn everything about law, but confused between Civil Law and Common Law? Check out the difference between the two types of law. This article will help you understand the difference between Common Law and Civil Law.
Civil Law vs Common Law
Civil Law vs Common Law - Good lawyers can distinguish between different types of legal issues and apply their legal knowledge to solve them. To apply this legal knowledge, they must first understand the various types of laws. This article aims to help law students understand the difference between Common Law and Civil Law, two major types of law. It will contribute to their legal knowledge and allow them to gain the knowledge required to succeed in the legal field. It also decribes the career scope of Civil Law and Common Law and jobs related to them.
- What is Civil Law?
- What is Common Law?
- Difference between Civil Law and Common Law
- Civil Law Career
- Common Law Career
- How to study Civil Law and Common Law?
What is Civil Law?
Civil Law refers to a set of rules and regulations that help solve civil issues of a non-criminal nature. In simple words, Civil Law can be defined as a combination of rules and regulations that resolve problems of citizens that are only related to conflicts between members of families or organisations. It uses the national constitution, statutes, national policies or any other nationally recognised and accepted set of rules or regulations as the legal framework to resolve civilians’ problems. Civil Law is also called "Case Law." It is not applicable to heinous crimes or issues subject to the criminal offence.
In India, Civil Law is governed by the Code of Procedure, 1980 (CPC 1980). It aids in the resolution of non-criminal problems such as family issues and financial transactions.
Civil Law Examples
The examples of the application of Civil Law are related to issues concerned with the following areas of law:
- Contract Law
- Property Law
- Intellectual Property Law
- Matrimonial Law
- Family Law
- Real Estate Law
- Company Law
What is Common Law?
Common Law refers to the legal system in which legal decisions are made by courts on the basis of previous decisions. In countries where courts consider Common Law in legal proceedings, judges or juries make a legal decision for a particular case based on the decision made for the same or similar type of case in the past.
To solve legal issues through Common Law, judicial precedents are used. A judicial precedent refers to a principle or rule that was developed to solve a legal problem in the past. Common Law is applicable to criminal offences. But the application of this law is not limited to criminal cases. In some countries, like England and Wales in the United Kingdom, Common Law is the combination of Civil Law and Criminal Law.
Common Law Examples
As we know, Common Law deals with issues of a criminal nature, so the main examples of applications of this law are related to crimes. At present, Common Law is not widely used in India. Thus, recent examples of the application of this law cannot be found in the country. Common Law was an integral part of the legal system in British India. Check the following current example of Common Law:
English Law
The English Law is a common law in England and Wales that is a combination of Criminal Law and Civil Law. This law allows judges to make decisions about cases based on their relevance to past cases. Based on relevance, decisions are made in the context of new cases by considering past cases.
Difference between Civil Law and Common Law
The main difference between Common Law and Civil Law is based on the method of legal proceedings. In Civil Law, a set of rules, regulations, principles or a legal framework is considered to make decisions in the context of legal issues. Whereas, decisions made in the past for legal issues are considered when making decisions for new legal issues through the Common Law. A better understanding of the difference between Civil Law and Common Law can be acquired with the help of the following table:
| Parameter for Difference |
Civil Law |
Common Law |
|---|---|---|
| Legal Proceeding |
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| Nature |
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| Issues |
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| Applicability in India |
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Civil Law Career
India is widely concerned about solving family and social issues. Thus, it has made the Indian legal system more standardised to solve problems on the family and social levels, including problems on the level of business organisations because business organisations are an integral part of Indian society. Thus, studying Civil Law allows individuals to develop their careers as legal professionals in India and solve problems faced by families and organisations in the country.
Civil Law Jobs
Check out the following list of jobs related to Civil Law:
- Civil Lawyer
- Family Lawyer
- Contract Lawyer
- Intellectual Property Lawyer
- Estate Planning Lawyer
- Bankruptcy Lawyer
- Contract Lawyer
- Corporate Lawyer
- Tax Lawyer
- General Practice Lawyer
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Common Law Career
Common Law is recognised and practised in countries like the United States, Canada, England and Wales.
Common Law Jobs
Check out the career options for individuals with expertise in Common Law:
- Criminal Lawyer
- Business Lawyer
- Medical Malpractice Lawyer
- Immigration Lawyer
- Defense Lawyer
- Military Lawyer
How to study Civil Law and Common Law?
To study Civil Law and Common Law, individuals can enrol in 5-year integrated LLB, 3-year LLB or LLM courses. Before enrolling in these courses, check their eligibility criteria mentioned below:
| Course |
Eligibility Criteria |
|---|---|
| Five-year integrated LLB |
Candidates must have passed intermediate (Class12) with a minimum of 45-50% marks |
| Three-year LLB |
Candidates must have passed graduation (Bachelor’s degree) with a minimum of 50-55% marks |
| Candidates must have an integrated LLB degree or LLB degree |
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