Common law, equity and adversarial system

What are the main features of the common law system?

It incorporates judge-made law and legislation, focuses on rights of the accused, uses an adversarial system, and follows the doctrine of precedent.

What is the doctrine of precedent in common law?

It states that like cases are decided alike and that legal principles established by a court must be applied by lower courts.

What distinguishes the civil law system from the common law system?

The civil law system is based on codification of laws, while common law relies on judgments and legal precedents.

In which ways do judges function in civil law systems?

Judges are inquisitorial, gathering evidence, calling witnesses, and determining proceedings, rather than strictly applying the law.

What does equity mean in the context of law?

Equity refers to principles of fairness that modify early common law, historically applied by the King's Court of Advisors.

What was the impact of the Judicature Act of 1875 on common law and equity?

It allowed for equity and common law to be administered together in the legal system.

What are some key features of the adversarial system?

Litigation is handled by the parties, evidence is presented by each side, judges act as umpires, and hearings are continuous.

What is the principal alternative to the adversarial system?

The inquisitorial system, where judges take a more active role in investigating the truth.

What are some criticisms of the adversarial system?

It may disadvantage marginalized groups and lead to lengthy, expensive cases.

Which countries primarily use the common law system?

Australia, England, the US, New Zealand, and India.

How do the roles of lawyers differ between adversarial and inquisitorial systems?

In adversarial systems, lawyers are critical for presenting cases, while in inquisitorial systems, judges play a more active role.

What historical event led to the evolution of the civil law system?

The rediscovery of Roman law texts during the eleventh century.

What is the significance of the Code Ne Polyong in civil law?

It is a foundation of civil law based on codifying laws into one comprehensive code.

How does the common law system adapt over time?

It develops incrementally to provide necessary remedies and causes of action for societal needs.

What aspect of common law allows for flexibility in the case of rigid procedural rules?

The discretion retained by judges, particularly in courts of equity.