Legal Systems

Question 1

What is the difference between common and civil law?

Answer 1

Common: Jurists reason from particular cases, applying legal principles laid down in them

Civil: Argue from general principle of law laid down in codes of law

Question 2

What is the order in UK court system?

Answer 2

1. Supreme court
2. Court of appeal
3. High court
4. Country/ Crown Court
5. Magistrates court

Question 3

What is the order in the US court system?

Answer 3

1. Supreme court
2. Courts of appeal
3. Trial courts

Question 4

What are alternatives to the courts?

Answer 4

Alternative disput resolutions:

1. Mediation
2. Conciliation
3. Arbitration

Question 5

What are the three sources of law in common law?

Answer 5

1. Legislation
2. Equity
3. Case law

Question 6

What are equitable remedies?

Answer 6

New remedies from court of equity as common law courts could only offer damages as remedy

Question 7

What were principles of equity?

Answer 7

The implementation of fairness, not the common law

Question 8

How did equity law split interests in piece of property?

Answer 8

1. The legal interest

2. The equitable interest

Question 9

Why commercial trusts?

Answer 9

1. Asset protection and limits liability
2. Can avoid legal entity tax
3. Beneficiaries pays income tax from what they receive

Question 10

How does case law work in common law systems?

Answer 10

1. Prior decisions sets precedent. The doctrine of binding precedent
2. The precedent does not have to be followed if case can be distinguished
3. Present case needs one or more material facts that are different

Question 11

What is ratio decidendi and obiter dicta?

Answer 11

1. Ratio decidendi forms binding part of the precedent

2. Obiter dicta is everything outside of ratio decidendi