The Legal Systems We Live In Today

Summary

This script explores the differences between Civil Law and Common Law systems through a hypothetical scenario where a roof tile falls on someone's head. In Civil Law, as in Germany, the judge deduces liability from a general rule in the Civil Code. In contrast, Common Law, like in the US, relies on precedents and case comparisons. The video invites viewers to consider which system is superior and to share their thoughts, while also promoting educational resources for further learning.

Takeaways

• 🏢 In a Civil Law system like Germany's, a building user is responsible for maintaining the structure and is liable for damages if parts of the building cause harm, as per the German Civil Code article 838.
• 👩‍⚖️ Civil Law judges evaluate cases by finding a legal provision that fits the case and then determining if the defendant meets the legal criteria for responsibility.
• 🇺🇸 In a Common Law system like the United States', judges look for similar past cases to determine liability, such as the English case of Byrne v. Boadle.
• 📚 Civil Law is based on general and abstract legal provisions found in codifications, with judges using a deductive approach to apply these rules to specific cases.
• 📖 Common Law relies on the doctrine of stare decisis, where judges are bound by precedents and compare current cases with past similar cases.
• 🔍 In Common Law, if a judge wants to deviate from a previous decision, they use the technique of 'Distinguishing' to identify differences between cases.
• 🤔 The script prompts viewers to consider which legal system is better and encourages a discussion on the merits of Civil Law versus Common Law.
• 🌐 The script highlights the differences in legal thinking between Civil Law and Common Law systems, focusing on how each system approaches the determination of wrongdoing and compensation.
• 💡 The video script is designed to explain complex legal concepts in a simple and engaging manner through cartoon animation.
• 📢 The creators invite viewers to support their educational content on Patreon and explore additional resources on their website, sproutsschools.com.

Q & A

What is the primary difference between Civil Law and Common Law systems?

The primary difference lies in their approach to legal reasoning. Civil Law systems are based on general and abstract legal provisions found in codifications, with judges applying these rules deductively to specific cases. Common Law systems rely on past similar cases, using the doctrine of stare decisis to guide judgments.

How does a judge in a Civil Law system evaluate a case like the one described in the script?

A judge in a Civil Law system, such as in Germany, would look for a specific legal provision that fits the case, like Article 838 of the German Civil Code. They would then assess whether the defendant is the building's user, legally required to maintain it, and whether they negligently failed to do so.

What is the significance of Article 838 in the German Civil Code in the context of the script?

Article 838 of the German Civil Code states that a building user is responsible for maintaining the structure and is liable for damage caused if parts of the building break off. This article is significant as it provides the legal basis for the plaintiff's claim in the scenario described.

How does the Common Law approach differ when evaluating a similar case to the one in the script?

In a Common Law system, like in the United States, judges look for comparable past cases, such as the English case of Byrne v. Boadle. They apply the legal principles from these precedents to the current case, even if the plaintiff cannot prove negligence.

What is the doctrine of stare decisis, and how does it influence judgments in Common Law systems?

The doctrine of stare decisis is a legal principle that requires judges to follow the decisions made in previous similar cases. It influences judgments by creating a binding precedent that guides how future cases are decided.

Can you provide an example of how a judge might use 'distinguishing' in a Common Law system?

In a Common Law system, if a judge wants to deviate from a previous decision, they might use 'distinguishing' to identify differences between the current case and the precedent. This allows them to justify a different outcome based on the unique circumstances of the case at hand.

What is the role of a lawyer in a case involving a Civil Law system, as depicted in the script?

In a Civil Law system, a lawyer's role is to argue the case based on the relevant legal provisions and demonstrate how the facts of the case fit within those provisions. They would also need to prove that the defendant failed to maintain the building as required by law.

How does the concept of 'subsumption' apply to the evaluation of a case in a Civil Law system?

Subsumption is a deductive technique used in Civil Law systems where a general legal rule is applied to a specific case. The judge determines if the facts of the case fit within the scope of the legal provision, leading to a decision based on the code of law.

What are the potential outcomes for the plaintiff in the scenario described in the script, depending on the legal system?

In a Civil Law system, if the legal elements are fulfilled, the plaintiff may receive compensation for the suffering caused by the incident. In a Common Law system, the outcome depends on the precedents and whether the judge finds the case analogous to past decisions, which could also lead to compensation.

What is the significance of the Byrne v. Boadle case in the context of Common Law systems?

The Byrne v. Boadle case is significant in Common Law systems because it established the principle of liability for objects falling from buildings, even without proof of negligence. It serves as a precedent that can be applied to similar cases, such as the one described in the script.

How does the legal system affect the process of seeking compensation for damages in the scenario presented?

The legal system greatly affects the process of seeking compensation. In a Civil Law system, the focus is on the legal provisions and the defendant's duty to maintain the building. In a Common Law system, the focus is on comparing the case to past similar cases and applying the legal principles from those precedents.