Unit 1 Flashcards
Common Law is?
Decisions of judges in individual legal cases brought to trial establish the law by setting precedents that will be applied to similar cases.
Characteristics of Common Law
Procedural Justice, Adversarial Approach, and the goal to bring certainty to human relations
Procedural Justice
The positive experience reported by people who feel they have been treated fairly while participating in legal proceedings.
Substantive Justice
A result that is correct according to the universal standard of justice and is therefore acknowledged to be just by everyone concerned
Heterogenous Societies
United States, Canada, and the UK
Fundamental Justice
The minimum required procedures to follow in order to arrive at a just result.
Common Litigation Process
Find the facts, state argument based on facts, persuade the judge to use the correct law, then a judgement given by a judge.
Adversarial System
Parties must collect evidence and an argument to present to the judge for a decision.
Inquisitorial System
Judge is primary source of evidence and brings a case for discussion.
Steps of the Adversarial System
Civil Case: naming, blaming, claiming
Criminal Case: Report of harm, police investigation, “accused” v. the state.
Legal Dipuste
When the law is used as reason for making or refusing a claim.
Civil Case
Non-criminal legal dispute
Shadow of the Law
The indirect effect caused by the law on people.
Precedent
A past decision mad in a similar case
Distinguishing
The arguing of a precedent in that it is not similar enough to be used as precedent.
