Presently, the difference that prevails between civil law and common law is attributed to the major source of law. Whereas systems following common law utilize statutes extensively, judicial cases are considered as vital law sources, offering the judges an active law on matters related to establishment of rules. For instance, the elements required in proving a murder crime exist in case law as opposed to being defined by statute. In ensuring consistency, courts usually stand by precedents that the higher court sets when assessing a similar issue. When it comes to systems following civil law, on the other hand, the statutes and codes are developed to facilitate in covering the diverse eventualities whereas the judges normally have a limited role in deploying the law to the existing case. In the event of past judgments, they just serve as loose guides. On matters related to court cases, the judges following civil law usually serve as investigators whereas the ones following civil law serve as arbiters between parties presenting their arguments (Syam, 2014) .
For systems following civil law, they are more extensive as opposed to common law systems adopted by 150 and 80 nations respectively. Systems following civil law exist in countries that served as prior English colonies or have the influence of Anglo-Saxon tradition, including India, Australia, United States, and Canada. In legal minds of jurisdictions following civil law, they usually perceive the system as more fairer and stable as opposed to systems following common law. The reason for this is that the laws are usually stated in an explicit manner while they are also easy to comprehend. The law exists in countries, such as Japan, China, France, Germany, and Spain. In the case of English lawyers, however, they have the capacity of adapting to circumstances quickly without requiring the enactment of legislation by government. Today, most systems combine the two types of laws allowing them to understand the legal framework better (The Economist, 2013) .
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References
Syam, P. (2014). What is the difference between common law and civil law? Retrieved from https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/
The Economist. (2013). What is the difference between common and civil law? Retrieved from https://www.economist.com/the-economist-explains/2013/07/16/what-is-the-difference-between-common-and-civil-law
