Legal Systems Flashcards

Flashcards for reviewing key vocabulary and concepts related to legal traditions, legal history, and dispute resolution.

Legal History

Enriches our understanding of the law and helps shape our government.

Legal Traditions

General categories that differentiate legal systems by country or time.

Roman-Germanic/Civil Law System

Legal system originating in Roman Law and influenced by Canonic Law.

Common Law System

Legal system characterized by legal dispositions coming from judicial resolutions.

Religious Systems

Legal systems where law and religion are practically synonyms.

Five Basic Types of Legal Systems

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

Common Law

Emanated from British Rule.

Common Law

Case Law is a primary source of law.

Common Law

Judge-made law that filled in gaps when there was no written law.

Civil Law

Relies on comprehensive legal codes that contain all laws for the country.

Civil Law

Case law is a secondary source of law.

Stare Decisis

The courts’ reliance on precedent.

Common Law Court Process

The court process is adversarial.

Civil Law Court Process

The system is more inquisitorial.

Religious Law

Many Middle Eastern countries use these systems for all or part of their laws.

Saudi Arabia's Legal System

Based on sharia law, derived from the Koran.

Customary Law

A system based on long-standing traditions in a particular community.

Hybrid Legal System

Combines parts of more than one approach to create a system unique to the country.

Western Contact in the Pacific

Began across the sixteenth century, especially in modern PNG and the Solomons.

Colonialism

An important aspect of the development of the Western state and its laws.

Germany and the USA

Took over the Spanish possessions in Micronesia after Spain’s defeat.

Britain

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

Japan

Received control of the German possessions in Micronesia after Germany’s defeat in World War I.

New Zealand

Took over German Samoa after Germany’s defeat in World War I.

Australia

Took control of northeastern New Guinea after Germany’s defeat in World War I.

United Nations (UN)

Decided that four areas in the Pacific should be governed as trust territories until they were ready for independence after World War II.

British Fiji and Tonga

Gained their independence from the United Kingdom in 1970.

New Zealand

Administered Western Samoa until 1962 when it gained independence.

The Tokelau Islands

Were made a British protectorate in 1889 and transferred to New Zealand’s administration in 1925.

The Trust Territory of New Guinea

Was governed by Australia until 1973 and then became part of the self-governing territory of Papua New Guinea (PNG).

The USA

Administered the Trust Territories of the Pacific Islands, encompassing all the islands of Micronesia, with the exception of Nauru.

Written Constitution

Was enacted in each country of the region which was stated to be the supreme law in order to provide for independence or full internal self-government.

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.

Late 9th Century

Alfred the Great assembled the Doom book which collected the existing laws of Kent, Wessex, and Mercia, and attempted to blend in the Mosaic code, Christian principles, and Germanic customs dating as far as the 5th century.

Common Law

A contrast to Roman-derived civil law.

Institutes of the Lawes of England

The first attempt at a comprehensive compilation of centuries of common law.

Commentaries on the Laws of England

Written by Sir William Blackstone and first published in 1765–1769.

Courts of Law and Equity

Were combined by the Judicature Acts of 1873 and 1875, with equity prevailing in case of conflict.

Magna Carta 1215

Enshrined the principle that the King was not above the law.

Rule of Law

A set of principles, or ideals, for ensuring an orderly and just society.

Rule of Law

Cannot exist without a transparent legal system.

The Judicature Act

Fused the administration of common law and equity.

Common Law

Establishes general rules which provide certainty.

Equitable Rights

Acts as a check and balance of common law.

Equity

Provides a remedy where common law provides none or provides a more suitable remedy than common law.

Injunction

An equitable remedy can be sought for an anticipatory breach of contract, or to stop a nuisance.

Specific Performance (Decree)

Compels the defendant to perform his side of the bargain.

Injunction

Prevents someone from performing a certain act.

Equitable Remedies

Subject to the discretion of the judge.

Equity Rights Act

Exercises against specific persons.

Judicial Officer

Determines the outcome in adjudicative processes.

Consensual Processes

The parties attempt to reach agreement in consensual processes.

Customary Norms

Vary greatly, but are often unattended by formalities.

Customary Norms

Are typically unwritten, making them both unclear and flexible to new challenges.

Traditional Authorities

Often play a role at the village or local community level.

Customary Dispute Resolution

Seeks to resolve disputes by listening to the parties and mediating or arbitrating the matter to ensure order and harmony.

Norm (First Meaning)

Whatever is normal or normally done.

Norm (Second Meaning)

What ought to be done; it’s a standard, rule or principle of appropriateness, rightness, or oughtness.

Social Groups

Are composed of (unique) individuals.

Custom

Have a very similar double meaning to ‘Norm’.

Function of Norms

To maintain social control.

Function of Norms

To ensure the social order.

Social Groups

Generate norms (formally or informally, consciously or unconsciously, etc).

Social Groups

Promote and enforce those norms (prohibiting conduct considered undesirable and encouraging conduct considered desirable).

Social Groups

Attempt to resolve inevitable disputes about norms whenever necessary.

Legal tradition

Term for legal regimes of the past.

Religious systems

System where law and religion are practically synonyms

11th century

The common law system arrived during this period in England

Vanuatu

This country's constitution recognizes customary law

Saudi Arabia

This country's legal system is based on sharia law

Hybrid legal system

This type of legal system combines parts of more than one approach

16th century

Western contact in the Pacific began in this century

France

This country controlled New Caledonia and French Polynesia

New Hebrides

Name of the islands Britain administered jointly with France

New Zealand

Took over German Samoa after Germany's defeat in WW1

World War 1

This event led to Japan receiving control of the German possessions in Micronesia

trust territories

The UN decided areas in the Pacific should be governed as _ after World War 2

Fiji and Tonga

Countries that gained independence from the UK in 1970

New Zealand

This country administered Western Samoa until 1962

New Zealand

The Tokelau Islands are administered by this country

USA

This country administered the Trust Territories of the Pacific Islands

written constitution

Enacted to provide independence or full internal self-government

the law applied by all courts

Many countries in the USP region propose customary law be part of this

Reception statute

Statutory law adopted by an independent former British colony

Alfred the Great

The Doom book was assembled by this person

Lord Chief Justice Edward Coke

The institutes of the Lawes of England were compiled by this person

Judicature Acts of 1873 and 1875

Combined courts of law and equity

Magna Carta 1215

Enshrined the principle that the King was not above the law

Rule of Law

Ensures an orderly and just society

The Judicature Act

Fused the administration of common law and equity

Common Law

Establishes general rules

Equitable Rights

Acts as check and balance of common law

a remedy

Equity provides _ where common law provides none

an equitable remedy

Injunction is this type of remedy

Specific Performance

Compels defendant to perform their side of the bargain

a common law remedy

Damages is this type of remedy

Consensual

Mediation is this type of dispute resolution

Adjudicative

Arbitration is this type of dispute resolution

Customary Norms

These norms are often unattended by formalities

our behavior

Humans use norms to guide this