Flashcards: Foundations of Legal Systems and Procedures — 24 cards

Religious influence — role?

Shaped foundational legal principles and ethics.

Common law — origin?

Originated in England, based on judicial decisions.

Civil law — basis?

Derived from Roman law, relies on written codes.

Minimizing costs — purpose?

Ensure fair, efficient legal processes.

Proportionality — principle?

Balance case importance with legal effort.

Case management — goal?

Avoid delays, promote efficiency.

ADR methods — examples?

Mediation and arbitration.

CPR 26.9 — purpose?

Allocate cases by value and complexity.

Senior Courts Act 1981 — effect?

Establishes equity’s precedence over common law.

Common law today — nature?

Mostly judge-made, modifiable by legislation.

US judicial training — system?

Law schools grant Juris Doctor degrees.

Jury trial — US guarantee?

Right in civil/criminal cases over $20.

Class actions — Rule 23(a)?

Require numerosity, commonality, typicality, adequacy.

Legal systems — differences?

Common law relies on precedent; civil law on codes.

Case tracks — types?

Small Claims, Fast Track, Multi-Track.

Equity vs common law — under?

Senior Courts Act 1981, equity prevails.

Common law — today?

Judge-made, modifiable by statutes.

US legal training — key?

Law schools, federal judiciary established by Constitution.

Jury trial — significance?

Fundamental US constitutional right.

Class actions — purpose?

Handle common issues efficiently, prevent conflicting rulings.

Legal influence — religion?

Embedded moral values into legal systems.

Legal traditions — Belgium?

Reformed from Napoleonic, French, German influences.

Costs in litigation — focus?

Reduce expenses through cooperation and procedural rules.

Proportionality — application?

In case significance and legal effort.