Question

Answer the following prompt - Discuss some of the differences between the legal environment of a country that embraces Common Law and one that observes Code Law. (i.e., compare and contrast two countries legal practices. One that uses Common Law like the USA or the UK or India, etc. with one that uses Code Law like Germany, or Spain, or Japan, or Brazil, etc. ).

Answer 1

Both systems have comparable sources of law, both of them have case law and both have statutes, but they approach regulation and resolve problems in different ways from distinctive outlooks. There are many differences between the legal environment of a country that embraces common law and one that observes code law. To start with, the United States of America embraces common law; they seek explanation through past decisions made by higher courts which interpret the same statutes. Common law is generally uncodified and is recognized as not being all-inclusive, it gives judges an active role in emerging rules.

On the other hand, Spain observes code law; it is codified. Countries with code law systems have all-inclusive, constantly updated legal codes that stipulate all matters that can be brought, before a court, it’s appropriate procedure, and the suitable sentence for each felony. Code law is based on established statutes and codes.