The University of California at Berkeley notes that common law is uncodified, which means that there is not a complete collection of legal statues and rules, while civil law is codified. As of 2014, a majority of nations follow either common law or civil law.Continue Reading
Common law is mostly based on precedent even though it does depend on various legislative decisions, notes the University of California at Berkeley. Precedents are noted in court records and historically documented in legal reports and yearbooks. Common law is also considered to be an adversarial system in which two separate parties go before a judge and jury. The judge and jury work together to determine the final sentencing.
According to the University of California at Berkeley, nations that have a civil law system go by a legal system that is continuously updated to determine applicable procedures, appropriate sentences and which matters can be brought before a court. Examples of the different types of categories of law include procedural law, substantive law and penal law. The judge decides on case facts and applies the correct code that matches the case. The judge is required to operate within legal parameters established by a set of laws.Learn more about Law
Rule 48, which is one of the federal rules of civil procedure, determines the number of jurors as well as what constitutes a verdict and how to conduct jury polling, required for a civil litigation trial, states Legal Information Institute. This rule was first amended in 1991 when the original 1937 rule became obsolete pursuant to the adoption by many individual states of the number six as the minimum required number of jurors.Full Answer >
A signed medical record release form is required by law for a person to be able to gain access to another person's medical records, notes FindLaw. The 1996 law, the Health Insurance Portability and Accountability Act, or HIPAA, outlines this requirement. The release form is a waiver from liability under HIPPA.Full Answer >
A number of laws recently passed by the Michigan state legislature come into effect in 2016, notes MLive, such as a law passed in September of 2015 that allows Michigan drivers, when pulled over by police, to show proof of insurance on their mobile devices in lieu of paper copies. The law comes into effect on Jan. 5, 2016.Full Answer >
Equity establishes justice if common law is inadequate in certain circumstances, according to Cornell University Law School. The equity route is only an option when legal recourse has been exhausted.Full Answer >