Is your jurisdiction a common law or civil law jurisdiction?


Norway Small Flag Norway

The jurisdiction in Norway is based on a civil law system. The collection 'Laws of Norway' (Norwegian: "Norges Lover") consists of all Norwegian written laws.

The Norwegian law legal system relies also quite heavily on legal precedents arising from judgments of the courts of law, in particular the Norwegian Supreme Court. Although not of binding force, Norwegian Supreme Court judgments are used as guidance in order to correctly interpret of the laws.

Sweden Small Flag Sweden

Sweden is a civil law jurisdiction. The laws of Sweden have historically been influenced by other civil law jurisdictions such as Germany, as well as by the other Nordic countries.

Hong Kong Small Flag Hong Kong

Hong Kong is a common law jurisdiction.
Under the Basic Law, Hong Kong’s mini-constitution, all the pre-1997 laws previously in force in Hong Kong, including the common law and rules of equity were retained and maintained, except for any that contravene the Basic Law and subject to any amendment by the Hong Kong legislature.
The Basic Law further provides that the courts of Hong Kong may refer to the precedents of other common law jurisdictions.

United Kingdom Small Flag United Kingdom

England and Wales is a common law jurisdiction in which statutes are enacted by Parliament and then clarified by judgments of the higher courts, which are followed by the lower courts using the system of precedent. The law of England and Wales is often referred to as English law. (Scotland and Northern Ireland have their own court systems and laws, which are outside the scope of these answers.)

United States Small Flag United States

The United States is a common law jurisdiction. The common law in the United States is comprised of both state specific rulings as well as federal jurisprudence. The federal courts are comprised of the United States district courts, courts of appeal and the U.S. Supreme Court. Each state has its own unique judicial system typically with courts of common jurisdiction, intermediate appellate courts and a high court that issues final rulings on state law. As a common law country, the courts in both the federal and state systems rely upon prior rulings when deciding disputes or interpreting statutory language.

The sole exception is Louisiana, which is a civil law jurisdiction. As a result, judges in Louisiana are supposed to rely upon interpretation of the civil code when deciding matters. Louisiana is the only civil law jurisdiction in the United States.

Serbia Small Flag Serbia

Our jurisdiction is a civil law jurisdiction.

Updated: April 24, 2018