The short answer for this is that in common law, cases that were brought in front of a judge or court and are decided. The decisions are adopted by other nearby jurisdiction which are usually located in the same state. Code law is law that has been adopted and ratified by legislation. I know my answer is no complete but this is the explanation I can give without doing more research.
Louisiana is the only state to use the Napoleonic code instead of common law. They do use the common law for criminal matters.
A law code, is a systematic and comprehensive written statement of laws. In countries which have a civil law , a code exhaustively covers the complete system of law, such as civil law or criminal law. In a country which has common law, a code is a less common form of legislation, and it modifies a specific area of the existing common law. The importance of law codes is that they establish clear rules regarding matters such as property, inheritance, transactions, litigation, injuries, crime, etc.
The key differences between the common law system and the Napoleonic Code legal system are in their sources of law and methods of interpretation. Common law relies on precedent and case law, while the Napoleonic Code is based on a comprehensive set of written laws. Additionally, common law allows for more flexibility and judicial discretion, while the Napoleonic Code emphasizes clarity and consistency in legal decisions.
Napoleonic code
Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.
they are alike because they are laws and they effect on people who have done wrong
How do you compare the United States law to the Code of Hammurabi law?
Common law
No, common law and the Napoleonic Code are not the same. Common law, primarily found in countries like the United States and the United Kingdom, is based on judicial precedents and case law. In contrast, the Napoleonic Code, established in France, is a civil law system that relies on written statutes and comprehensive legal codes. These two systems embody different legal philosophies and approaches to law interpretation and application.
The key differences between the Napoleonic Code and Common Law legal systems are in their origins and principles. The Napoleonic Code is based on a comprehensive set of laws created by Napoleon Bonaparte in the early 19th century, emphasizing clarity and consistency in legal rules. Common Law, on the other hand, is based on judicial decisions and precedents, with a focus on flexibility and evolving interpretations of the law. Additionally, the Napoleonic Code is more centralized and codified, while Common Law is decentralized and relies on case law.
The Napoleonic code was an effort to put together texts of law redacted in the clearest way possible in order to make it accessible to all citizen. The main difference with English Common Law is that in civil law jurisdictions judicial precedent is given relatively less weight, and scholarly literature is given relatively more. The Napoleonic code expressly forbade French judges from pronouncing the law. This the legal tradition that prevails in, or is combined with common law in, almost all non-Islamic, non-common law countries.
No, Mississippi law is not based on the Napoleonic code systems. Instead, it follows a common law system, which is primarily derived from English law. While there may be some influences from civil law traditions, particularly in areas like property law, the overall legal framework in Mississippi aligns more closely with common law principles.