A. Legal System Terminology Flashcards
Common law
English, US, Canada, Australia legal system - case law
Doctrine of binding precedent
Judges should uphold decisions made by judges in previous cases if these cases were similar to those come before
Civil law
Coded system in which laws are written in formal code
Elements associated with legal system
- Administration of justice via legal system
- Legal profession
- Operation of a common law system
Court structure (generalised)
Supreme court
Court of appeal
District court
Superior and inferior courts in UK
Superior - supreme court, court of appeal, high court, crown court
Inferior - county court, magistrates court
Alternative dispute resolution
Conciliation - offers parties a non-binding opinion
Mediation - helps parties reach an agreement
Arbitration - delivers a binding opinion
Legal profession in UK
Practicing lawyer either a solicitor or barrister
Solicitor - general legal advisor (conveyance, probate, drafting, litigation)
Barrister - arguing clients’ cases in court (counsel)
Advocacy certificate
Solicitor can have right of audience in court
- solicitor advocate
Legal profession in US
Attorney - either function of solicitor, barrister or both
Attorney-at-law - passed bar exam
Judge role
common - impartial referee in adversarial judicial process
civil - inquisitorial method (examine witness)
Common law system based on 3 sources of law
Common law, legislation and equity
