The Basics

Question 1

What is a common law system?

Answer 1

A legal system in which decisions about disputes are made by referring to both applicable statute and regulations AND court judgments in previous cases involving similar facts.

Question 2

Why is the E/W common law legal system described as ‘adversarial’?

Answer 2

Opposing parties offer legal arguments supporting their case and the judge serves as an umpire between them ensuring that each follows the procedural rules. This is distinct from civil law systems in which the judge serves as an inquisitor to draw out the facts from witnesses, and legal counsel act as umpires to ensure the judge follows procedural rules.

Question 3

What are the 6 categories of law?

Answer 3

1. Public Law
2. Private Law
3. Criminal Law
4. Civil Law
5. Substantive Law
6. Procedural Law