Legal Systems Flashcards
How was the common law developed?
Through judicial decision
What are the main legal systems?
Common law, civil law, mixed legal systems and religious
Common law is…
Individual riles applying in individual circumstances
How was civil law developed?
In universities rather than courts
What is the civil law made up of?
Grand general principles rather than judicial developments
What is the code?
Universal legislation
What is a mixed legal system?
A system that has been influences by both traditions and have elements of both eg Scotland
Is religious law law?
Only religions of the book claim to make law, natural law is the law of god
What are the two principles of law?
Applies to everyone and if it has the police power if the state behind it, it is law
What is precedent?
Common law jurisdiction and civil law jurisdiction
What happens when there is a legal dispute in the civil code?
The court look at civil code for answers for legal dispute
What happens when problem in common law?
They look at previous decisions made by other judges
How do courts bind each other?
Higher courts bind lower courts
What are advantages of common law?
The common law allows you to go other places to fill in blanks, you can look at past cases go the same outcome, courts are able to keep up with changes
What are the disadvantages of the common law?
Have to think carefully of who the judges are
What is the point in the case which determines the judgement or the principle the case establishes?
Ratio
What is the formula of a ratio?
Material facts and legal principles
What is an an obiderdictor?
It is what the judges say in passing, is not legally binding
What is good about obiderdictor?
It might help another judge in another in a later case, it can shape law
What is it called when on of a minority judges disagree of the outcome and give reason why?
Deserting opinion
