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Legal Systems

32 important questions on Legal Systems

What is public law?

Law that concerns itself with the relationship of individuals to society. Often individuals vs. The state or among states themselves

What is criminal law?

The law that concerns itself with ensuring that individuals behave in a way that society finds acceptable

What is private law?

Law that concerns itself with the private rights and obligations of individuals. Deals with disputes between individuals.

Can private law also apply to companies?

Yes, they are treated as legal personas in that case

What is the common law systems?

A case law system, where cases are a source of law. They form precedents that must be followed.

What is the civil law system?

System where law has been compiled in formal written code which provides comprehensive and systematic regulations

How is the court system made up in the UK?

1. Supreme court (binds all lower-level courts)
2. Court of appeal (binding for all courts except supreme court)
3. High court (binding for all courts except sc and coa, etc.)
4. County court and Crown court (county = civil, crown = criminal)
5. Magistrates court (low-level criminal cases)

What are the 2 levels of jurisdiction in the US?

1. Federal (if case has to do with the constitution or against a company in a different state)
2. State (own system per state)

How is the federal court system in the US made up?

1. US supreme Court
2. Court of Appeal
3. Trial courts
- US District Courts
- US Bankruptcy Courts
- US Tax Courts
- US Court of Federal Claims
- US Court of International Trade

What are the advantages of ADR?

1. Conducted privately
2. Less expensive
3. Less time-consuming
4. Beneficial for the maintenance of long-term relationships in a business environment

What are the 2 types of legal professionals in the UK?

1. Solicitors
2. Barristers

What are the tasks of a solicitor?

A solicitor is a general lawyer (in some tasks comparable to a Dutch notary) that deals with:
1. Conveyance (transferring property)
2. Early stages of litigation
3. Probation (accepting a will as last and true)

What are the tasks of a barrister?

Works in court and is comparable to a Dutch advocate

What is the role of a judge in the common law system?

Impartial referee as in an adversarial system, where lawyers gather evidence and examine witnesses

What is voir dire/ jury vetting?

Selecting jurors based on who they believe will be favourable for their claims

What are the 3 main sources of law in the common law system?

1. Legislation (valid until overruled)
2. Equity
3. Case law

What is the legislative body/legislature of the UK?

The bicameral parliament consisting of:
1. The house of Commons
2. The house of Lords

What is are the steps in the legislatory process in the UK?

1. Parliament (house of Commons and Lords) create a law
2. It is approved by the Crown
3. Law passes in form of an act, or if delegated, a statutory instrument

What is the doctrine of parliamentary sovereignty?

In the UK only parliament can revoke or amend a law, the court only interprets

What is the legislative body in the US federal law system?

Congress, which consists of:
1. House of Representative
2. The Senate

The president has the power to veto legislation
The Court has the power of judicial review (invalidating legislation they believe inconsistent with the constitution)

What is the typical Trust Structure?

1. Creator specifies terms of trust
2. A protector may be assigned
3. Managers, etc. That are responsible for day-to-day operations are appointed
4. Trustees are appointed that hold the legal tile to trust assets
5. Beneficiaries that receive the trust assets

Can a trust avoid legal entity tax?

Yes, as it is not a separate legal person

What is the doctrine of a binding precedent/ stare decisis?

A prior decision sets a precedent, but does not have to be followed if the case can be distinguished and one or more material facts are different

What is the ratio decidendi/holding?

The grounds of decision and judgement that are based on the principles of law and the material facts. It is the binding part of the case

What is obiter dicta?

Everything outside the ratio decidendi. It is not binding. If a single judge is not in agreement with the majority (that concur) he dissents, and his judgement is then obiter dicta

When is a decision reversed?

When a higher court rejects the judgement of a lower court in the same case

When is a decision overruled?

When the court decides that a principle from a previous case will no longer be treated as the precedent

Who are the most important Law Officers in the UK?

The attorney general and the Solicitor general. They are the legal advisors of the Crown

What is the role of the jury in civil and common law?

1. In civil law it is to decide on liability and damages
2. In criminal cases they reach a verdict

What is the difference between a petit and a grand jury?

The petit jury deal with ordinary trials and hear criminal and civil trials and consist of 6-12 people
A grand jury consists of up to 23 people and determines criminal cases

What is canon/ecclesiastical law?

Law of the church. Sometimes play a role in common law

What are the principles of equity?

Principles of fairness, it supplements and remedies the deficiencies in common law

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Foundation of Business Law

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