ROYAL UNIVERSITY OF LAW AND ECONOMIC Professor : Mateusz Prorok Subject: International Civil Litigation Procedure Topic: Civil Procedure in Common Law Prepared By: SEM SOVANNRITHYVIMEAN SAMOUN MONYSIVECHHENG

Content I. Common Law - The difference between common law and civil law II. Civil Procedure - The difference between civil procedure and criminal procedure III. Court System of Common Law IV. Adversarial System of Common Law V. Conclusion References

The difference between Common Law and Civil Law I Common Law Common law the part of English law that come from custom and judicial order rather than a written law. The difference between Common Law and Civil Law Common law describe legal system based on the English legal system. In contrast, Civil law describe legal systems based on old roman law.

Common Law Countries: The United States England India Canada Civil Law Countries: China Japan Germany France Cambodia Spain

II Civil Procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits as opposed to procedures in criminal law matters. Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits as opposed to procedures in criminal law matters.

The difference between Civil and Criminal Procedure The difference between Civil and Criminal Procedure Civil procedure used when a civil law has been violated. Concern only with private offenses. Police and public prosecutors generally don’t get involved. however, Criminal procedure, defines the process for enforcing the law when someone is charged with a crime.

III Court System of Common Law A common law court system is the system of jurisprudence that is based on the doctrine of judicial precedent, the principle under which the lower courts must follow the decisions of the higher courts, rather than on statutory laws.

Court System in the United Kingdom

Supreme Court The Supreme court is the highest appeal court in almost all cases. Decision are binding and the court look at points of law of public interest.

Court Of Appeals (Criminal) Court of appeals is split into criminal and civil divisions. court can look at the point of fact, point of law or mix. However it can also reach court via Criminal Court Review. Crown Court Indictable-only offences such as murder, manslaughter, rape and robbery. Magistrates’ Court Virtually all criminal cases start here. It also deal with less serious offence. Serious offences are sent to Crown Court. Six months is the max sentence given

Court of Appeals (civil) It hears appeals on law only and decisions are binding on lower courts. It is important of law maybe granted appeal by the Supreme Court High Court It consists with 3 divisions: Queens Bench (Contract law, tort law, commercial law or some criminal) Family (Divorce and Family matters) and Chancery (equities and trust, wills, companies and issue relating to parents) County Court The case heard before the judges and civil case include the issue relating to the money such as claims for debt, contract, concerning goods or property, either the family issue like divorce or adoption and repossession of houses.

IV Adversarial System The adversarial system or adversary system is a legal system used in the common law countries where two opposing parties advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly.

The Advantages of Adversarial System It protects the right of individuals and presumption of innocence Serve to protect citizen from potential abuses of government It allows both sides to support their positions. It hears the stories from both sides. It properly observes the rights of the defending and prosecuting parties.

V. Conclusion Common is important in the English legal system as its got flexibility and cases approach but this is a subjective decision and it will depend on the preferences of each individual. The most important thing is that the Rule of Law and the Supremacy of Parliament work. But this is something that can only be achieved by the will of each country and its effort to maintain it.

Reference https://www.translegal.com/lesson/8161 https://law.duke.edu/lib/researchguides/english/ https://www.britannica.com/topic/adversary-procedure https://study.com/academy/lesson/adversarial-system-of-justice-definition-advantages.html