What is the difference between “common law” and “code law?” Where did they originate? What role does stare decisis play in each of these two legal systems?
What will be an ideal response?
Students should explain the main differences between the two systems, arguing that common law is based on the interpretation of both the written law and past decisions, while code law places importance only on the written law itself. Common law originated in the UK, while code law originated in continental Europe, with Napoleon, or originally in Rome. Stare decisis plays an important role only in common law systems.
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