OVERVIEW OF THE LEGAL SYSTEM Flashcards
Substantive law
Defines the type of conduct permissible and the penalties for violation
Procedural law
Defines the rules by which individual cases are decided
Public law
Involves such areas as: administrative law, criminal law, constitutional law, taxation law
Private law
Encompasses those areas where the legal system is used to resolve primarily disputes between private parties
Civil law system
Individual cases are decided in accordance with an accepted set of principles. These principles are set out in the civil code
Common law system
The common law approach involves analyzing similar cases which were previously decided and applying the basic principles set forth in those cases to the problem at hand
Stare decisis doctrine
Lower courts are bound to follow the decisions or precedents of higher courts
Trial court
Conducts the trial and issue a judgement
Appellate court
Reviews the rulings and procedures followed by the lower court and issue a decision