World legal systems divide into common-law and civil-law families by origin

Evidence

Legal scholars group the legal systems of the world into “legal families,” based on their common origins and on similarities in their laws and legal institutions (see Table 1.1). … The most influential families of legal systems, the common-law and civillaw, or Romano-Germanic families, originated in Europe. These legal systems have spread their influence throughout the world through colonialism and through the process of modernization in non-European countries. Nevertheless, many countries in Africa and Asia have also retained elements of their indigenous legal systems. … The legal system of the United States belongs to the family of common-law legal systems. So, too, do the legal systems of other former British colonies, such as Australia, Nigeria, and India. Most legal systems on the European continent belong to the civil-law family, as do the legal systems of most Latin American countries and the former French and Belgian colonies in Africa and Asia. In some countries-for instance, in Japan-the legal system defies easy England, former English colonies, and other countries with strong political ties to England such as Australia and New Zealand. — G. Alan Tarr, Judicial Process and Judicial…, 104

Categorization

• DEFINE: Establishes ‘legal families’ and the common-law/civil-law distinction, foundational vocabulary for the course.
• XREF: connects to: Common-law and civil-law systems are converging through globalization — G. Alan Tarr, Judicial Process and Judicial…, 149; Common-law systems share features derived from English law and practice. — G. Alan Tarr, Judicial Process and Judicial…, 106; The American legal system is common law yet distinctive for judicial policymaking — G. Alan Tarr, Judicial Process and Judicial…, 213 (+8 more)

Broader Connections

• Common-law systems share features derived from English law and practice. #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 106
• Judges are the source of law in common-law but legislatures in civil-law systems #expands (0.88) — G. Alan Tarr, Judicial Process and Judicial…, 135
• The American legal system is common law yet distinctive for judicial policymaking #exemplifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 213
• Common law originated in judge-made decisions resting on societal customs and practices. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 134
• American courts inherited common-law rulemaking and thus judges make law #exemplifies (0.83) — G. Alan Tarr, Judicial Process and Judicial…, 138
• Common-law and civil-law systems are converging through globalization #qualifies (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 149
• Globalization and international tribunals are narrowing common-law and civil-law differences #qualifies (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 137
• Common law rules arise from comparing cases, not from tracing prior logic #expands (0.78) — Burton, Steven J, An Introduction to Law and Legal…, 222