Law school for everyone Flashcards
US practices a common-law system, just as UK does. the statute of law as well as judges’ interpretation of the statute can be used during following litigation.
US has dual legal systems (federal and state legal system). constitution trumps when there are conflicts.
think like a lawyer:
- understand analogy
- deductive argument (major premise+minor premise –> conclusion)
- inductive reasoning (draw a large number of cases to generalize a conclusion)
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America has the adversarial legal system. that means it resolves legal disputes by assigning a lawyer to each side and leave it to lawyers to ask the right questions, present the proper evidence, and raise appropriate objections. lawyers are the ones who shape the substance of a trial. the advantage of a system like this is that the parties have greater incentives than anybody else to gather and present the evidence that supports their respective views of this case. it’s believed that through a clash of two effective advocates, juries will best be able to winnow out the truth. if any side has no lawyer presenting him/her, the system will malfunction.
US law presumes that everyone is innocent until it’s proved that he/she is guilty.
attorney-client privilege is part of functioning of US legal system.
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