Thank you for visiting in a common law system a judge relies on legal codes to make rulings while in a civil law system a judge relies on his. This page is designed to guide you through key points and clear explanations related to the topic at hand. We aim to make your learning experience smooth, insightful, and informative. Dive in and discover the answers you're looking for!
Answer :
Final answer:
In a common law system, judges mainly rely on precedent, while in a civil law system, they rely more on written legal codes. Judges do not typically rely on intuition and moral reasoning in a civil law system.
Explanation:
The original student question seems to have a misconception. In a common law system, a judge actually relies heavily on precedent, or previously made court decisions, rather than on legal codes. This changes the balance of power towards the judiciary, as they effectively 'create' law with each decision. The system is often seen in countries such as the United States, United Kingdom, and Canada.
On the other hand, in a civil law system, a judge relies less on precedent and more on written legal codes. This shifts the balance more towards the legislative branch, as they are the creators of these codes. This system is commonly seen in countries such as France and Germany.
The statement that a judge in a civil law system relies on intuition and moral reasoning is not generally accurate. In both systems, judges should aim to make decisions based on the law and evidence, although they may interpret these in line with societal values.
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