Difference entre le Common Law et Civil Law PDF

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Summary

Cours du DU numéro 2 sur les différences entre Common Law et Civil law avec des exemples...

Description

Common Law System (UK) and Civil Law System (Fr) Difference between those Common Law System: fundamental right in the appellate

Civil Law System: fundamental right in the Supreme court

In Fr : we hear all cases In the C-L system, Trial is a right, Supreme Court is a choice In both Systems (common law and civil law system) Civil Law%: a private dispute between 2 private Criminal law%: The State v. Individual (or Corporation) entities => a civil matter The case% name : X v. X

The State wants to punish (x $) relief%: jail, a fine ($)

ex%: Paul v. Monoprix ex%: Paul v. U of Paris II => 2 private parties, Paul is fired Paul can asked for demages%? (money $) and injonction (school is forced to take the teacher back) => injonctif relief BUT KEY DIFFERENCE :

Name%: State = «%the people%» (the gouvernement) = «%the State of...%»

Common Law

Civil Law (fr)

Civil Law% and Criminal law = Separated

Sometimes it is a civil AND a criminal question

Jake robbed the Bank of NY (criminal robbing)and he hurted the teller (criminal = assault) So = we asked the people of NY v. Jake (State v. Jake)

The prosecutor (plaintif) V. Philippe (deffendant)

=> punishment = jail BUT the teller has been hurt and doesn’t get anything of it SO hurting the teller is both a criminal and a civil fense they can impose a payment insteed of Jail for hurting the teller BUT THE FINE GOES TO THE STATE and not to the victim If he want to have damages : he need to do his own trial => the victim want civil damages BUT sometimes contradictory : sometimes you can be guilty in Criminal Court and not in Civil court and same in the other way

Civil Law tradiction%: they had the civil party (which doesn’t exist in the common law tradition)

the victim received the money and the man goes to jail...