Civil Law Vs Common Law: Main Differences, Career Scope and Jobs

Want to learn everything about law, but confused between Civil Law and Common Law? Check out the difference between the two types of law. This article will help you understand the difference between Common Law and Civil Law.

Civil Law vs Common Law - Good lawyers can distinguish between different types of legal issues and apply their legal knowledge to solve them. To apply this legal knowledge, they must first understand the various types of laws. Lawyers who have a basic understanding of different types of laws as well as expertise in a specific category of law can recommend the best legal remedy to their clients and assist them in dealing with their legal issues. Thus, to become successful in the field of law, future lawyers also need to understand different types of law and differentiate between them. This article aims to help law students understand the difference between Common Law and Civil Law, two major types of law. It will contribute to their legal knowledge and allow them to gain the knowledge required to succeed in the legal field. It also decribes the career scope of Civil Law and Common Law and jobs related to them.

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What is Civil Law?

Civil Law refers to a set of rules and regulations that help solve civil issues of a non-criminal nature. In simple words, Civil Law can be defined as a combination of rules and regulations that resolve problems of citizens that are only related to conflicts between members of families or organisations. It uses the national constitution, statutes, national policies or any other nationally recognised and accepted set of rules or regulations as the legal framework to resolve civilians’ problems. Civil Law is also called "Case Law." It is not applicable to heinous crimes or issues subject to the criminal offence.

In India, Civil Law is governed by the Code of Procedure, 1980 (CPC 1980). It aids in the resolution of non-criminal problems such as family issues and financial transactions.

Civil Law Examples

The examples of the application of Civil Law are related to issues concerned with the following areas of law:

Contract Law
Property Law
Intellectual Property Law
Matrimonial Law
Family Law
Real Estate Law
Company Law

What is Common Law?

Common Law refers to the legal system in which legal decisions are made by courts on the basis of previous decisions. In countries where courts consider Common Law in legal proceedings, judges or juries make a legal decision for a particular case based on the decision made for the same or similar type of case in the past.

To solve legal issues through Common Law, judicial precedents are used. A judicial precedent refers to a principle or rule that was developed to solve a legal problem in the past. Common Law is applicable to criminal offences. But the application of this law is not limited to criminal cases. In some countries, like England and Wales in the United Kingdom, Common Law is the combination of Civil Law and Criminal Law.

Common Law Examples

As we know, Common Law deals with issues of a criminal nature, so the main examples of applications of this law are related to crimes. At present, Common Law is not widely used in India. Thus, recent examples of the application of this law cannot be found in the country. Common Law was an integral part of the legal system in British India. Check the following current example of Common Law:

English Law

The English Law is a common law in England and Wales that is a combination of Criminal Law and Civil Law. This law allows judges to make decisions about cases based on their relevance to past cases. Based on relevance, decisions are made in the context of new cases by considering past cases.

Difference between Civil Law and Common Law

The main difference between Common Law and Civil Law is based on the method of legal proceedings. In Civil Law, a set of rules, regulations, principles or a legal framework is considered to make decisions in the context of legal issues. Whereas, decisions made in the past for legal issues are considered when making decisions for new legal issues through the Common Law. A better understanding of the difference between Civil Law and Common Law can be acquired with the help of the following table:

Parameter for Difference	Civil Law	Common Law
Legal Proceeding	Uses rules, regulations, legal framework or principles for legal proceedings	Uses decisions of previous cases for legal proceedings
Nature	Deals with cases which are non-criminal in nature	Deals with cases both criminal and non-criminal in nature Focuses on resolving unusual issues, which have never occurred before
Issues	Helps in solving family matters and matters related to financial transactions	Subject to the situation in which an issue arises
Applicability in India	Widely used in India	Not widely used in India Was applicable during British India

Pros and Cons of Civil Law and Common Law

To strengthen your understanding of Civil Law and Common Law, you also need to know about their pros and cons. These pros and cons are mentioned as follows:

Pros		Cons
Civil Law	Clarity and Predictability: The codified nature of civil law provides clear and comprehensive rules, making it easier to anticipate legal outcomes. Consistency: Civil law systems are generally more consistent because judges rely on written statutes rather than subjective interpretation. Efficiency: Cases may be resolved more quickly in civil law systems because of the detailed codes that guide decision-making.	Limited Flexibility: The reliance on codified laws can make civil law systems less adaptable to new legal challenges or social changes. Less Judicial Influence: Judges have less freedom to interpret laws, which can sometimes limit the ability to apply legal principles to unique situations.
Common Law	Adaptability: Common law systems are highly adaptable, allowing judges to reinterpret legal principles in response to new issues. Judicial Creativity: Judges have the flexibility to develop the law by creating new precedents or adapting existing ones. Case-Specific Solutions: The adversarial nature of the system ensures that each case is evaluated on its specific facts and circumstances.	Uncertainty: The reliance on judicial precedent can lead to unpredictability, as new interpretations of the law may arise. Complexity: The vast body of case law can be overwhelming, making it challenging for individuals or businesses to predict legal outcomes.

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Civil Law Career

India is widely concerned about solving family and social issues. Thus, it has made the Indian legal system more standardised to solve problems on the family and social levels, including problems on the level of business organisations because business organisations are an integral part of Indian society. Thus, studying Civil Law allows individuals to develop their careers as legal professionals in India and solve problems faced by families and organisations in the country.

Civil Law Jobs

Check out the following list of jobs related to Civil Law:

Civil Lawyer
Family Lawyer
Contract Lawyer
Intellectual Property Lawyer
Estate Planning Lawyer
Bankruptcy Lawyer
Contract Lawyer
Corporate Lawyer
Tax Lawyer
General Practice Lawyer

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How to Become a Tax Lawyer in India: [Complete Guide]

Common Law Career

Common Law is mainly recognised, accepted and practised in countries like the United States, Canada, England and Wales. Thus, individuals with expertise in this field of law can exploit career opportunities in these countries.

Common Law Jobs

Check out the career options for individuals with expertise in Common Law:

Criminal Lawyer
Business Lawyer
Medical Malpractice Lawyer
Immigration Lawyer
Defense Lawyer
Military Lawyer

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How to study Civil Law and Common Law?

To study Civil Law and Common Law, individuals can enrol in 5-year integrated LLB, 3-year LLB or LLM courses. Before enrolling in these courses, check their eligibility criteria mentioned below:

Course	Eligibility Criteria
Five-year integrated LLB (BA LLB, BBA LLB, BCom LLB)	Candidates must have passed intermediate (Class12) with a minimum of 45-50% marks
Three-year LLB	Candidates must have passed graduation (Bachelor’s degree) with a minimum of 50-55% marks
LLM	Candidates must have an integrated LLB degree or LLB degree

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