Common Law and Civil Law are two distinct legal systems that are used in different countries around the world. In this article, we will explore the characteristics of each system and provide examples of how they are applied in the state of New South Wales (NSW), Australia.
Common Law is a legal system that is based on customs, traditions, and judicial precedent rather than on codified laws. It is a system where judges have the power to interpret laws and make legal decisions based on prior court rulings. Common Law is often referred to as judge-made law because it evolves through the decisions and interpretations of judges.
In NSW, Common Law is applied in various legal matters, such as personal injury cases. For example, in the case of Grueff v Virgin Australia Airlines Pty Ltd [2021] FCA 501, the court considered the application of Common Law in determining the award of damages for non-economic loss in an injury claim. The court held that the NSW Civil Liability Act, which created a scale for the award of damages, was inconsistent with the Commonwealth Carriers’ Act. Therefore, the court applied the unfettered Common Law in determining the appropriate damages.
On the other hand, Civil Law is a legal system that is derived from Roman law and is based on a comprehensive set of laws and codes. It is a system where laws are primarily written and codified by legislative bodies. In Civil Law systems, courts apply and interpret these laws rather than creating new laws through judicial decisions.
In NSW, Civil Law is applied in various areas of law, including torts and personal injury cases. For instance, in the case of Arndell BHT Arndell v Old Bar Beach Festival Incorporated; Cox v Mid-Coast Council [2020] NSWSC 1710, the court applied the Civil Liability Act 2002 (NSW) in a personal injury case involving a collision between an aircraft and a Ferris wheel. The court considered the provisions of the Act in determining liability and the amount of damages awarded to the parties involved.
It is important to note that Common Law and Civil Law systems can coexist within a legal jurisdiction. In NSW, both Common Law and Civil Law principles are applied in different legal contexts, depending on the nature of the case and the applicable legislation.
In conclusion, Common Law and Civil Law are two distinct legal systems with different approaches to the interpretation and application of laws. Common Law relies on judicial precedent and the decisions of judges, while Civil Law is based on written laws and codes. In NSW, Common Law is applied in areas such as personal injury cases, while Civil Law is applied in various legal matters. Understanding the differences between these two systems is crucial for individuals navigating the legal landscape in NSW.
Author Courtaid.ai
This article has been AI-generated based on real court hearings. Please consult original sources.