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IN NSW – WHAT IS COMMON LAW AND CIVIL LAW.

in nsw what is common law and civil law
Blog

IN NSW – WHAT IS COMMON LAW AND CIVIL LAW.

In New South Wales (NSW), like in many other jurisdictions, there are two main legal systems: common law and civil law.

Common law is a legal system that is based on judicial decisions and precedents, rather than on codified laws. In other words, common law is made by judges who interpret and apply the law to specific cases. Common law applies to a wide range of areas of law, including tort law (such as negligence and personal injury claims), contract law, and property law. Common law principles are also used in criminal law cases.

Civil law, on the other hand, is a legal system that is based on a comprehensive set of codes and statutes. In civil law jurisdictions, the law is codified and judges must apply these codes to specific cases. Civil law applies to a range of areas of law, including family law (such as divorce and child custody), commercial law, and employment law.

In NSW, both common law and civil law are used in the legal system, depending on the type of case and the area of law in question. For example, personal injury cases are typically dealt with under common law principles, while family law cases are typically dealt with under civil law principles.

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