Tutorial 1

Question 1

source of common law can be traced back to…

Answer 1

when the english monarchy used to issue formal orders called ‘writs’

Question 2

were writs sufficient to cover all situations?

Answer 2

no

so courts of equity were established to devise solutions based on principles from various sources

Question 3

in civil countries, what are judges described as?

Answer 3

investigators

they take the lead, bring charges, establish facts through witness examination & apply remedies

Question 4

what is the lawyers role in common law systems?

Answer 4

advise their client and prepare legal pleadings

play a central role

Question 5

in common law systems, who can prepare legal documents?

Answer 5

only fully licensed lawyers can prepare legal documents in common law countries such as the US

Question 6

province = ?

Answer 6

region, territory

Question 7

common law countries = ?

Answer 7

US
england & wales (not scotland)
india
canada
australia

Question 8

civil law countries = ?

Answer 8

china
japan
all EU member states

Question 9

three main legal formants?

Answer 9

statutory law
decision of judges
scholars’ opinions

Question 10

comparative law = ?

Answer 10

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

Question 11

main purpose of civil/private law = ?

Answer 11

to regulate the economic interests of private parties

Question 12

main function of criminal law = ?

Answer 12

to protect the values of a specified society

Question 13

litigation = ?

Answer 13

the process of taking legal action

lawsuit

Question 14

defendant = ?

Answer 14

alleged wrongdoer

Question 15

plantiff = ?

Answer 15

the party that is suing

alleged victim

Question 16

in civil litigation, the plantiff sues to…

Answer 16

to receive a court-ordered remedy (e.g., money, property etc)

Question 17

the goal of civil litigation is to…?

Answer 17

compensate the plantiff for injuries

plantiff must be a bona fide victim that can prove harm

Question 18

the outstanding difference between civil litigation and criminal prosecution is?

Answer 18

the goal

Question 19

the goal of criminal prosecution is?

Answer 19

to punish the defendant

Question 20

in criminal cases, the burden of proof is…?

Answer 20

higher

because the stakes are higher (a person’s freedom, reputation, sometimes their life)

therefore the prosecution must provide evidence beyond reasonable doubt

Question 21

in civil cases, must evidence beyond reasonable doubt be presented?

Answer 21

no

Question 22

the consequences of criminal cases are… than those in civil cases

Answer 22

more severe

Question 23

tribunal = ?

Answer 23

a body established to settle certain types of dispute

board, panel, committee

Question 24

essential ingredients of crime = ?

Answer 24

voluntary act or omission
a certain state of mind

Question 25

international law = ?

Answer 25

set of rules, norms & standards generally recognised as binding between states