Legal Systems

Question 1

What is Law?

Answer 1

A command proceeding from the supreme authority of a state and is addressed to the persons who are subjects of that authority

Question 2

The principal objective of a legal system is…

Answer 2

to establish rules and principles to regulate relationships and to resolve differences when there is a conflict of interest

Question 3

Name the domains of Public Law

Answer 3

• Constitutional
• Administrative
• Criminal

Question 4

Name the domains of Private Law

Answer 4

• Contract
• Tort
• Family
• Property

Question 5

Alternative dispute resolutions (ADR)

Answer 5

There are three types:

• Mediation
• Conciliation
• Arbitration
• Mediation: parties have to come up with the solution themselves
• Conciliation: comes up with possible solutions and has an opinion, but not binding
• Arbitration: usually an expert in the field, who makes a final and binding decision

Question 6

ADR

Answer 6

Alternative dispute resolutions

Often used in consumer complaints

Question 7

Advantages of ADR

Answer 7

• Conducted in private
• Less expensive and time-consuming
• Beneficial for maintenance of long-term relationships in the business environment

Question 8

In the UK, there are two types of legal professionals

Answer 8

• solicitors (like Dutch notaries)

- barristers (like Dutch advocates)

Question 9

Legal profession in US?

Answer 9

Attorneys-at-law

Notaries don’t exist, but there are lay notaries who act as impartial witnesses

Question 10

Judges in common law vs civil law?

Answer 10

Common law –> adversarial system

Civil law –> inquisitorial role

Question 11

Lawyers select jurors based on whom they believe will be favorable to their claims. How is this called?

Answer 11

US –> voir dire

UK –> jury vetting

Question 12

In a common law system, there are three main sources of law:

Answer 12

Legislation, equity and case law

Question 13

Equity lays down important principles for property law. It allowed split interests in one piece of property:

Answer 13

• legal interest

- equitable interest

Question 14

Case law / common law: a judge must always look back to see how a judge in a prior case with similar facts dealt with the issue. The prior decision sets a PRECEDENT. How is this called?

Answer 14

The doctrine of binding precedent

or

Stare decisis

Question 15

Ratio decidendi (also referred to as holding in the US)

Answer 15

The case reports ground for the decision. It forms the binding part of the case, as it forms the precedent.

Question 16

Everything that is not stated in the ratio decidendi is called…

Answer 16

Obiter dicta

this is not binding

Question 17

A judge can CONCUR

Answer 17

Be of the same opinion

Question 18

A judge can DISSENT

Answer 18

Disagree with the majority

Question 19

A decision in court can be reversed

Answer 19

The higher court rejects the judgement of a lower court in the same case

Question 20

A decision in court can be overruled

Answer 20

A decision from a previous case can be overruled by the court and will no longer be treated as a precedent

Question 21

Common law –> adversarial system

Answer 21

Judges acts as impartial referees (onpartijdige scheidsrechters)

It is the lawyer’s job to find exhibits and evidence, as well as examine witnesses.

The judge just makes sure everything is going according to the correct procedure.

Question 22

Civil law –> inquisitorial role

Answer 22

The judge has a much higher position and is more involved in the court procedure.