The Differences and Similarities between Civil Law and Common Law in New York State: A Comprehensive Guide

Introduction

The legal system in New York State is a complex and diverse system that has evolved over time and has been shaped by a variety of factors. One of the most important factors that has influenced the development of the legal system in New York is the dichotomy between civil law and common law. Understanding the differences and similarities between these two legal systems is critical to understanding the legal landscape in New York. In this article, we will provide a comprehensive guide to the differences and similarities between civil law and common law in New York State.

What Is Civil Law?

Civil law is a legal system that is based on a set of written laws and codes. It is a system that is codified, meaning that it is based on a set of rules and principles that are written down and enforced by the courts. Civil law is used in many countries around the world, including many European countries and some countries in Latin America.

In the United States, civil law is typically used in the context of private disputes between individuals or organizations. In a civil law system, the plaintiff (the party that is bringing the lawsuit) has the burden of proof. This means that the plaintiff must prove their case by a preponderance of evidence, which means that it is more likely than not that their version of the events is true.

What Is Common Law?

Common law is a legal system that is based on the concept of precedent. This means that the decisions made by judges in previous cases are used to guide decisions in future cases. Common law is used in many countries around the world, including the United States, Canada, and the United Kingdom.

In the United States, common law is used in both criminal and civil cases. In a common law system, the burden of proof is on the party that is bringing the lawsuit or criminal case. This means that the plaintiff or the prosecution must prove their case beyond a reasonable doubt. This is a higher standard of proof than the preponderance of evidence standard used in civil law cases.

Differences between Civil Law and Common Law in New York State

1. Sources of Law

One of the primary differences between civil law and common law is the sources of law. In civil law, the system is based on a set of written laws and codes that are created by the legislature. In common law, the system is based on judicial decisions and precedent.

In New York State, civil law is primarily based on statutory law, which means that it is based on laws that have been passed by the state legislature. Common law, on the other hand, is based on judicial decisions that have been made by the courts over time.

2. Burden of Proof

As mentioned earlier, the burden of proof is different in civil law and common law systems. In civil law, the plaintiff has the burden of proof and must prove their case by a preponderance of evidence. In common law, the burden of proof is on the party that is bringing the lawsuit or criminal case, and they must prove their case beyond a reasonable doubt.

In New York State, the burden of proof is generally preponderance of evidence in civil cases and beyond a reasonable doubt in criminal cases.

3. Role of the Judge

In civil law systems, the judge's role is primarily to interpret and apply the law. In common law systems, the judge's role is to interpret the law, but they also have the power to create new law through their decisions.

In New York State, judges have the power to interpret and apply the law, but they are also bound by precedent created by previous court decisions. This means that they must take into account previous court decisions when making their decisions.

4. Jury Trials

In civil law systems, jury trials are uncommon. In these systems, the judge is often the sole decision-maker. In common law systems, jury trials are common and are used in both criminal and civil cases.

In New York State, jury trials are used in both civil and criminal cases. In civil cases, a jury is typically made up of six people, while in criminal cases, a jury is made up of 12 people.

5. Remedies

In civil law systems, the primary remedy is often monetary damages. In these systems, the goal is to compensate the plaintiff for any harm that they have suffered. In common law systems, the primary remedies can be both monetary and non-monetary. These remedies may include injunctions, specific performance, and other equitable remedies.

In New York State, both monetary and non-monetary remedies are available in civil cases. In criminal cases, the primary remedy is punishment, which may include fines, imprisonment, or probation.

Similarities between Civil Law and Common Law in New York State

1. Adversarial System

Both civil law and common law systems use an adversarial system of justice. This means that the parties are responsible for presenting evidence and arguments to the court, and the judge is responsible for making a decision based on that evidence.

2. Precedent

Both civil law and common law systems use the concept of precedent. This means that previous decisions made by the courts are used to guide future decisions.

3. Appeals

Both civil law and common law systems allow for appeals. This means that a party who is unhappy with the outcome of a case can appeal that decision to a higher court.

Conclusion

Understanding the differences and similarities between civil law and common law in New York State is critical to navigating the legal system in the state. The legal system in New York is a complex and diverse system that has been shaped by a variety of factors. Knowing how civil law and common law operate in the state is an important step in understanding the legal landscape in New York.