Chapter 1: Legal Systems Flashcards
doctrine of binding precedent
decisions made by judges in the past should be upheld by judges in new cases of these new cases showed marked similarities to those that had gone before
mediation
mediator tries to help parties to solve a dispute: parties have to come to a solution theirselves
conciliation
also comes up with multiple options and has an opinion, which is not binding!
arbitration
an expert in the field and can give expertise advice –> binding!
adversarial system
judges only act as impartial referees (common law)
inquisitorial system
judge has a much higher position and is more involved in the court procedure (civil law)
UK Bicameral parliament
House of commons and house of lords
Congress
House of representatives and Senate
Statue Law
Legislation
Act
Law
Statutory instrument
law
doctrine of pre-emption
when federal law (congress) and state law conflict, federal law always wins
judicial review
supreme court can invalidate legislation that is deemed inconsistent with the constitution
state decisis
doctrine of binding precedent
ratio decidendi
binding part of the case –> the precedent
Holding
ratio decidendi in the US
obiter dicta
everything that is not stated in the ratio decidendi, not binding!
concur
when the judge has the same opinion as the majority
dissent
when a judge disagrees with the majority
ADR
alternative dispute regulation
notary
does not prepare work for litigation
solicitor
does prepare work for litigation and can work as an advocate in the lower courts (general legal advisor!)
judge in common law
adverserial system: judges act as impartial referee
judge in civil law
inquisitorial system: judge has more power
