commonLaw^civilLaw systems

Judges have more flexibility and power in commonLaw systems. U.S. judges can pass unusual judgement (trespass case).

In fact, commonLaw judges have power to make laws. These “precedents” are often as important as written statues … a feature of the commonLaw system.

Lawyers play a more central role in commonLaw (than Civil) systems. U.S. and HK movies often feature dramatic court room events.

CivilLaw systems originated in continental Europe; CommonLaw systems originated in Britain. As a consequence,
HK continues to follow a CommonLaw(普通法) system but China is a largely CivilLaw jurisdiction. Macau follows a CivilLaw (大陆法) system (Portugal).

Consistency and predictability — Some say CivilLaw has this advantage, and other say CommonLaw has this advantage.

 

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