Understanding the Key Differences between Civil Law and Common Law in Pennsylvania State: Which One Applies to Your Legal Case?

Introduction

Legal systems around the world have been classified into two broad categories, civil law and common law. These two legal systems differ in their application, foundations, and adjudication procedures, among others. In Pennsylvania state, these legal systems are also applicable, and their understanding is critical in knowing the applicable procedural and substantive law in a legal case. In this article, we explore the key differences between civil law and common law in Pennsylvania state, and how you can determine which one applies to your legal case.

Common Law in Pennsylvania

Common law in Pennsylvania refers to the legal system that emanates from judicial precedents or decisions made by courts in previous cases. Common law is based on the doctrine of stare decisis, whereby courts must follow previous court decisions when deciding similar cases. The decisions made by the Pennsylvania Supreme Court are binding on all lower courts in its jurisdiction. Common law applies primarily in the areas of tort, contract, property, and criminal law.

One of the key characteristics of common law in Pennsylvania is that it is adaptable and flexible. Courts have the power to develop the law by interpreting and applying legal principles to new facts and situations. The use of precedent allows for consistency in decision-making and the development of a body of legal knowledge that provides guidance to courts and practitioners.

In a common law system, judges play a critical role in adjudicating legal disputes. They are responsible for interpreting the law, determining the facts of a case, and applying the law to those facts. In Pennsylvania, judges are appointed by the governor and must be confirmed by the state senate. They serve for a term of ten years and can be re-elected.

Civil Law in Pennsylvania

Civil law in Pennsylvania refers to the legal system that is based on written statutes and codes. Civil law is codified and is derived from the laws enacted by the state legislature. The legal principles that govern the system are contained in the laws and regulations enacted by the legislature. Civil law applies primarily in the areas of family law, probate law, and administrative law.

One of the key characteristics of civil law in Pennsylvania is that it is precise and unambiguous. The use of written laws and regulations ensures that there is no ambiguity or inconsistency in the application of the law. Civil law is also generally rigid, with little room for interpretation or development by judges.

In a civil law system, courts play a more limited role in adjudicating legal disputes. The courts are responsible for applying the law to the facts of a case and ensuring that the legal procedure is followed. In a civil law system, judges are not responsible for developing the law or creating legal precedents.

Key Differences Between Civil Law and Common Law in Pennsylvania

1. Sources of Law

One of the key differences between the two legal systems is the source of law. In common law, the source of law is judicial decisions or precedents, while in civil law, the source of law is written statutes and codes. Common law is based on the concept of stare decisis, while civil law is based on the application of written laws and regulations.

2. Adjudication

In common law, judges play a critical role in adjudicating legal disputes. They are responsible for interpreting the law, determining the facts of a case, and applying the law to those facts. In a civil law system, courts play a more limited role in adjudicating legal disputes. The courts are responsible for applying the law to the facts of a case and ensuring that the legal procedure is followed.

3. Flexibility

Common law is adaptable and flexible, allowing for the development of the law by judges when interpreting and applying legal principles to new facts and situations. Civil law, on the other hand, is generally rigid, with little room for interpretation or development by judges.

4. Precision

Civil law is precise and unambiguous, ensuring that there is no ambiguity or inconsistency in the application of the law. Common law, on the other hand, may be subject to interpretation, leading to different outcomes in similar cases.

5. Historical Development

Common law has developed over many centuries, with its origins traceable to medieval England. Civil law is of Roman origin, and has been codified in various forms since the time of the Roman Empire.

Which Legal System Applies to Your Case?

In Pennsylvania, determining which legal system applies to your case depends on the nature of the legal issue. If the legal issue involves the interpretation and application of a written statute or regulation, then civil law applies. For example, if a legal dispute involves issues of family law, probate law, or administrative law, then the case would be adjudicated under civil law.

On the other hand, if the legal issue involves the interpretation and application of judicial precedents or decisions made by courts in previous cases, then common law applies. For example, if a legal dispute involves issues of tort, contract, property, or criminal law, then the case would be adjudicated under common law.

Conclusion

Legal systems around the world are classified into two broad categories, civil law and common law. Pennsylvania state has both legal systems, and the determination of which one applies to a legal case depends on the nature of the legal issue. Common law in Pennsylvania emanates from judicial precedents, while civil law is derived from the laws enacted by the state legislature. Understanding the key differences between these two legal systems is critical in determining the applicable procedural and substantive law in a legal case.