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.

Outlines

00:00

📚 Civil Law vs. Common Law: An Illustrative Scenario

This paragraph introduces a hypothetical situation where a person is injured by a falling roof tile from a department store. It sets the stage for a legal dispute and asks the reader to consider the differences between Civil Law and Common Law systems. The scenario unfolds in Germany, where Civil Law is practiced, and the judge's approach to the case is explained, focusing on the legal provisions and the building owner's responsibility for maintenance and damages. The paragraph also contrasts this with the Common Law approach, exemplified by a case from the United States, where precedent plays a crucial role in the judge's decision-making process.

Keywords

💡Concussion

A concussion is a type of traumatic brain injury caused by a blow to the head or body, resulting in the brain moving rapidly back and forth within the skull. In the video's narrative, the character suffers a concussion when a roof tile lands on their head, which sets the stage for the legal proceedings that follow. The injury is central to the video's theme of exploring different legal systems' responses to personal injury cases.

💡Civil Law

Civil Law refers to a legal system that is primarily based on written codes, such as the Napoleonic Code or the German Civil Code. It is contrasted with Common Law, which relies on judicial precedents. In the video, Civil Law is exemplified by the German legal system, where the judge looks for a legal provision in the Civil Code to evaluate the case of the injured person, highlighting the importance of codified laws in this system.

💡Common Law

Common Law is a legal system that relies on precedents set by previous court decisions. It is characterized by the doctrine of stare decisis, which obliges judges to follow the decisions made in similar cases. The video contrasts this system with Civil Law, using the United States as an example, where the judge looks for a comparable case to decide the outcome of the injury incident.

💡Legal Provision

A legal provision is a specific rule or principle laid down in a legal document, such as a statute or a code. In the video, the German judge seeks a legal provision in the Civil Code (article 838) to determine the liability of the department store owner for the falling roof tile, demonstrating how legal provisions guide the judicial process in Civil Law systems.

💡Negligence

Negligence in a legal context refers to a failure to exercise appropriate care, resulting in harm to another party. The video discusses the concept of negligence in relation to the department store owner's responsibility for maintaining the building. In the Common Law example, the court holds the owner responsible even without proof of negligence, illustrating different standards of liability.

💡Subsumption

Subsumption is a legal technique used in Civil Law systems where a judge applies a general legal rule to a specific case. The video explains that the German judge uses subsumption to evaluate the case by checking if the legal elements of the Civil Code are met, thereby determining the department store operator's liability.

💡Precedent

A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues. The video uses the English case of Byrne v. Boadle as an example of a precedent in Common Law, where the court's decision in a past case influences the outcome of a similar case.

💡Stare Decisis

Stare Decisis is a Latin term meaning 'to stand by things decided' and refers to the legal principle of adhering to decisions made in previous similar cases. The video explains that in Common Law systems, judges are bound by the doctrine of stare decisis, which influences their decision-making process.

💡Distinguishing

Distinguishing is the process of identifying and explaining why a previous legal precedent should not apply to the case at hand due to significant differences. The video mentions distinguishing as a method used by judges in Common Law systems to deviate from a previous decision when necessary.

💡Compensation

Compensation is the act of providing something, such as money, in recognition of loss, injury, or suffering. In the video, the concept of compensation is central to the legal dispute, as the plaintiff seeks compensation for the suffering caused by the incident with the falling roof tile.

💡Legal Systems

Legal systems are the set of rules and practices of a society that are enforced through social institutions to govern behavior and social relationships. The video compares two major types of legal systems—Civil Law and Common Law—highlighting their differences in approach to legal reasoning and decision-making.

Highlights

A scenario of a roof tile falling on someone's head sets the stage for a legal discussion.

Different legal responses in Civil Law and Common Law systems to the same incident.

In Germany, Civil Law applies, and the judge looks for a fitting legal provision from the Civil Code.

German Civil Code article 838 holds building users responsible for maintenance and damages.

Judge evaluates if the defendant is the building user and if there was negligent failure in maintenance.

If legal elements are met, the plaintiff receives compensation for suffering caused by the incident.

In the US, under Common Law, judges look for comparable past cases, such as Byrne v. Boadle.

The doctrine of stare decisis in Common Law binds judges to past precedents.

Judges in Common Law work on a case-by-case basis, comparing them with past cases.

Distinguishing is used in Common Law to deviate from a previous decision based on case differences.

Civil Law relies on the code of law interpreted by judges, unlike Common Law's reliance on past cases.

The video invites viewers to share their thoughts on which legal system they believe is better.

Encourages viewers to comment on the type of law practiced in their country.

The video is produced by Sprouts, which simplifies complex ideas through cartoon animation.

Support for Sprouts is available through Patreon, offering additional benefits for patrons.

Educators can find video lessons and resources at sproutsschools.com for classroom use.

Transcripts

Imagine you are walking down the street to do some shopping and suddenly a roof tile

lands on your head.

"What is that supposed to mean?"

you ask yourself and you go inside the department store from which the tile fell off to complain.

The owner of the department store shows little interest in your misfortune and says that

he cannot explain how it happened.

Of course, you also have no idea how exactly the tile landed on your head – but because

you have a concussion, you go to a lawyer and sue in court.

What happens next depends on whether the incident happened in a country that practices Civil

Law or one that applies Common Law.

Do you know which of the two is practiced where you live?

Let's say the whole thing happens to you in Germany, which belongs to the Continental

European Legal System, where Civil Law applies.

How does the judge evaluate your case?

She is looking for a legal provision that fits your case.

In the German Civil Code, article 838, she will find the general rule that a building

user has to maintain the structure and is responsible for the damage caused if parts

of the building break off.

The judge then examines the law.

She checks if the defendant really is the user of the building, if he has to maintain

the building by law, and whether he had negligently failed to do so.

If all those legal elements are fulfilled, the department store operator is liable, and

you, as the plaintiff who instituted the legal proceedings, will receive compensation for

the suffering caused by the event.

If you had taken your walk in the United States, which belongs to the Anglo-American Legal

System, the Common Law, the judge would proceed differently.

In the US, the judge would instead look for a comparable case – such as the English

case of Byrne v. Boadle from 1863, in which pretty much the same thing had happened to

a poor passerby, only it had not been a loose brick, but rather a barrel stored in the building.

In this case, the court held the department store owner responsible, even though the plaintiff

could not prove negligence on the part of the defendant.

So what are the differences between Civil Law and Common Law?

The legal systems are differentiated primarily on the basis of their way of thinking!

The Civil Law System is characterized by thinking on the basis of general and abstract legal

provisions, most of which are laid down in codifications - such as the Civil Code in

Germany.The judge works deductively by applying the general rule to the concrete case - a

technique known as subsumption.

The Common Law System is characterized by similar cases that happened in the past.

The so-called doctrine of stare decisis, Latin for “to stand by things decided”, binds

judges to precedents — cases that happened in the past.

That is why the judge works on a case-by-case basis and compares them with one another.If

the judge wants to deviate from a previous decision, the so-called “Distinguishing”

is used to determine the differences between the case at hand and the precedent.

In summary, to determine wrongdoing and compensation, the civil law system relies on the code of

law interpreted by judges, while the common law system relies on similar cases from the

past.

What are your thoughts?

Which legal system is better?

Share your thoughts in the comments below and tell us what type of law is practiced

in the country you are from.

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