2- Intro to the global legal systems Flashcards
What are the main types of global legal systems?
1) Common law; 2) Civil law; 3) Religious law; 4) Customary law; 5) Hybrid systems.
What is the key characteristic of the common law system?”
Back:
Relies on legal precedent (judges) and statutory laws (legislatures), using an adversarial approach.
How does the inquisitorial system differ from the adversarial system?”
In the inquisitorial system, the judge actively investigates and directs the case, while attorneys play a passive role.
What is the role of Canon law, Islamic law, and Talmudic law in religious legal systems?”
They govern aspects like marriage, divorce, and inheritance within religious communities in some countries.
Describe the hierarchy of courts in India.”
Supreme Court (top), High Courts (state level), District and subordinate courts (local level).
What types of jurisdiction does the Supreme Court of India have?”
Writ (Art. 32), Original (Art. 131), Appellate (Arts. 132-134), Advisory (Art. 143), and Power of Review (Art. 137).
What is the difference between a statute and an ordinance?”
A statute is a law made by the legislature; an ordinance is a temporary law issued by the President/Governor when legislature is not in session.
What is delegated legislation, and what is an impermissible delegation?”
Delegated legislation allows authorities to create specific rules; impermissible delegation includes essential legislative functions or repealing laws.
What are the stages of a criminal trial in India?”
1) Framing charges, 2) Prosecution evidence, 3) Statement of accused, 4) Defense evidence, 5) Final arguments, 6) Judgment.
What is the ‘power to do complete justice’ in the Supreme Court of India?”
Under Article 142, the Supreme Court has the power to issue orders for complete justice in any cause or matter.
