Legal System Flashcards

Flashcards covering key concepts from the lecture on Legal Systems and Dispute Resolution.

Why is legal history important?

Legal history enriches our understanding of the law and enhances our grasp of current problems.

What are legal traditions?

Legal traditions are legal regimes of the past and differentiate legal systems by country or time.

What are the characteristics of the Roman-Germanic/Roman-Canonic/civil law system, the common law system, and religious systems?

Roman-Germanic, Roman-Canonic, or civil law system originated in Roman Law and was influenced by Canonic Law. The common law system arrived during the 11th century in England and follows judicial precedent. Religious systems are characterized by the religious or philosophical nature of its law.

What are the five basic types of legal systems in the world?

Civil law, common law, customary law, religious law, and hybrid or mixed systems.

What are the differences between Common Law and Civil Law systems?

Common law emanated from British rule and uses case law as a primary source. Civil law is used in most of Europe and South America and uses case law as a secondary source and relies on comprehensive legal codes.

What are the characteristics of Religious Law and Customary Law systems?

Religious law is used in many Middle Eastern countries and does not use juries. Customary law is based on long-standing traditions in a particular community.

What is a mixed/hybrid legal system?

A hybrid legal system combines parts of more than one approach to create a system unique to the country.

What is the history of Western contact in the Pacific?

Western contact began across the sixteenth century and accelerated in the eighteenth and nineteenth centuries. By the late 1800s, Britain, France, Germany, Spain, and the USA were all competing for control of islands in the Pacific.

How were the colonies treated by Westerners?

Colonies were treated in a wide variety of ways by Westerners, but by the end of the colonial period much of Western law had been incorporated in local, independence government.

Which territories did Britain hold in the Pacific?

Britain held Fiji, Papua, Tonga, the southern Solomons, and the Gilbert and Ellice Islands.

What was the UN's role in the Pacific after WWII?

After World War II, the United Nations decided that four areas in the Pacific should be governed as trust territories until they were ready for independence.

What happened in order to provide for independence or full internal self-government?

A written constitution was enacted in each country of the region which was stated to be the supreme law.

What laws remained at the time of post-colonialism?

At the time of independence, none of the countries of the region actually rejected their preexisting laws outright, including legislation in force in England, common law and equity, and colonial legislation.

What is a Reception Statute?

A statutory law adopted as a former British colony becomes independent, by which the new nation adopts pre-independence English law, to the extent not explicitly rejected by the legislative body or constitution of the new nation.

What is Alfred the Great's Doom book?

The Doom book collected the existing laws of Kent, Wessex, and Mercia, and attempted to blend in the Mosaic code, Christian principles, and Germanic customs.

What is the 'common law'?

The law that emerged as "common" throughout the realm as the king's judges followed each other's decisions to create a unified common law throughout England.

What principle was enshrined in the Magna Carta (1215)?

The principle that the King was not above the law.

How does the American Bar Association define the 'Rule of Law'?

A set of principles, or ideals, for ensuring an orderly and just society where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all.

What happened with The Judicature Act's fusion of common law and equity?

The Judicature Act fused the administration of common law and equity.

What different functions do common law and equitable rights perform?

Common law establishes general rules which provide certainty, while, equitable rights acts as a check and balance of common law.

What does a decree of specific performance compel the defendant to do?

To perform his side of the bargain.

What are the two major types of Dispute Resolution processes?

Adjudicative processes and Consensual processes

What are examples of Adjudicative Dispute Resolution processes?

Litigation or arbitration, in which a judicial officer (Magistrate/Judge/Arbitrator) determines the outcome.

What are examples of Consensual Dispute Resolution processes?

Mediation, conciliation, or negotiation, in which the parties attempt to reach an agreement.

How do traditional authorities typically resolve disputes?

They seek to resolve disputes by listening to the parties and mediating or arbitrating the matter to ensure order and harmony. They use customary rules or principles.

What is a 'norm'?

A standard, rule or principle of appropriateness, rightness, or oughtness.

What are the functions of norms, including laws?

To maintain social control, to ensure the social order, to promote peace, and to promote prosperity.