Tutorial 1 Flashcards
source of common law can be traced back to…
when the english monarchy used to issue formal orders called ‘writs’
were writs sufficient to cover all situations?
no
so courts of equity were established to devise solutions based on principles from various sources
in civil countries, what are judges described as?
investigators
they take the lead, bring charges, establish facts through witness examination & apply remedies
what is the lawyers role in common law systems?
advise their client and prepare legal pleadings
play a central role
in common law systems, who can prepare legal documents?
only fully licensed lawyers can prepare legal documents in common law countries such as the US
province = ?
region, territory
common law countries = ?
US
england & wales (not scotland)
india
canada
australia
civil law countries = ?
china
japan
all EU member states
three main legal formants?
statutory law
decision of judges
scholars’ opinions
comparative law = ?
examination of comparative legal systems & the relationships of the law to social sciences
allows the individual to be aware of similarities & differences between legal systems
main purpose of civil/private law = ?
to regulate the economic interests of private parties
main function of criminal law = ?
to protect the values of a specified society
litigation = ?
the process of taking legal action
lawsuit
defendant = ?
alleged wrongdoer
plantiff = ?
the party that is suing
alleged victim
in civil litigation, the plantiff sues to…
to receive a court-ordered remedy (e.g., money, property etc)
the goal of civil litigation is to…?
compensate the plantiff for injuries
plantiff must be a bona fide victim that can prove harm
the outstanding difference between civil litigation and criminal prosecution is?
the goal
the goal of criminal prosecution is?
to punish the defendant
in criminal cases, the burden of proof is…?
higher
because the stakes are higher (a person’s freedom, reputation, sometimes their life)
therefore the prosecution must provide evidence beyond reasonable doubt
in civil cases, must evidence beyond reasonable doubt be presented?
no
the consequences of criminal cases are… than those in civil cases
more severe
tribunal = ?
a body established to settle certain types of dispute
board, panel, committee
essential ingredients of crime = ?
voluntary act or omission
a certain state of mind
international law = ?
set of rules, norms & standards generally recognised as binding between states
