The two main categories of the legal system in which the countries of the world fall into are –
1. Common law
2. Civil law
Roughly 150 countries follow the civil law system and around 80 countries follow the common law system

Understanding common law and civil law

The common law system originates from ‘writs’ which were used by the English monarchs for justice. Writs could not provide answers to every situation and thus raised the need for equity courts to hear complaints and provide remedies according to the principles of equity. These decisions were collected and published, later used as precedential opinions for solving cases. And thus, the common law system emerged.
Civil law, on the other hand, originates from the code of law compiled by the Roman Emperor Justinian around 600 C.E. These legal codes developed over many centuries in various countries and resulted in the formation of similar legal systems, each with its own set of laws.
The key difference between the two is that the common law countries give primary importance to case laws in the form of published judicial opinions, but the civil law countries prefer codified statutes.

Different roles of lawyers and judges

In the civil law system, judges have the power to investigate. They have the lead to put on charges, examine facts, question witnesses, and apply the required remedies according to legal codes.
Lawyers in the common law system have a less central role. They still advise points of law to the clients and file pleadings but the importance of in-court presentations has diminished. Will preparation and contract drafting have been left to quasi-legal professionals who may not have the license to practice or legal education. In contrast to the civil law system, lawyers examine witnesses themselves and the judge has a little more flexibility to provide appropriate remedies.

Features of Common Law –

1. The presence of a written constitution and codified laws are not necessary.
2. Judicial decisions are binding and can only be overturned by the same court or by legislation
3. There is extensive freedom of contract in which few provisions are implied by law.
4. Anything which isn’t permitted by law is permitted in general.

The system of common law is less prescriptive than a civil law system. There are a few provisions in the common law system that are implied in a contract.

Features of Civil Law-

1. A written constitution is generally present which is based on specific codes.
2. Judge-made laws have little scope and only legislative enactments are considered binding.
3. In some countries like Germany, the writings of legal scholars have significant influence.
4. There are specific courts for underlying codes like civil courts, administrative courts, and constitutional courts.
5. The freedom of contract is lesser and usually implied according to law.

The system of civil law is more prescriptive than a common law system.

Sources-
The sources of civil law are statutes of the constitution, subsidiary legislation, international law, customs, etc.
The sources of common law are judicial precedents, equity, convention, custom, etc.

Pros and cons of common law-
Pros-

1. Since the law is the result of an actual dispute rather than a hypothetical situation, it is more practical since it evolved through actual experiences and not a result of abstract theory.
2. It is not flexible when compared to statute law enacted by the parliament.
3. Case laws on teachers in detail as compared to statute law.
4. It provides greater certainty to law.

Cons-

1. As the number of cases decided can only increase, judges and lawyers, are compelled to engage in more research and reading. Due to the mass of material to be digested, there is a tendency to overlook the authorities.
2. It is difficult to tell that a statement in a judgment is ratio or dicta.
3. Judges are not elected by the people unlike the people of parliament who are elected by the people and for the people. Therefore, judges may not know the need of the general public when making these case laws.

Pros and cons of civil law-
Pros –

1. Legally qualified judge decides the cases.
2. There is an appeal system if the party is unhappy with the decision of the trial court
3. Courts develop rules to make the process fair.

Cons-

1. It is a long and slow process and hence proved to be costly and time-consuming.
2. Lack of flexibility in the court process.