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Questions and Answers

What role do judges play in common law systems?

Investigators seeking to establish facts

Advisors to lawyers on case strategies

Codifiers of legal statutes

Referees arbritrating between opposing sides (correct)

Which statement accurately describes the role of lawyers in civil law systems?

Lawyers prepare pleadings but are less active in court (correct)

Lawyers actively engage in courtroom arguments

Lawyers act as judicial authorities in hearings

Lawyers have no role in trial proceedings

Which of the following best characterizes the primary source of law in common law systems?

Statutory law only

Constitutional law primarily

Judicial precedent (correct)

Religious doctrines

Which legal system is predominantly based on codified sources of law?

Civil law Signup and view all the answers

In common law systems, which statement is true regarding judges' decisions?

Judges must follow past judicial decisions. Signup and view all the answers

How do civil law systems generally view the role of judges compared to common law systems?

Judges in civil law systems lead investigations. Signup and view all the answers

What is a distinguishing feature of customary law systems compared to civil and common law?

They are based on traditional practices and norms. Signup and view all the answers

Why would a similar outcome to Roe v. Wade be less likely in a civil law country?

Judges in civil law systems do not make independent decisions. Signup and view all the answers

What characterizes a transaction in amicable conflict resolution without a third party?

It results in a binding agreement that cannot be contested. Signup and view all the answers

What is a key difference between conciliation and mediation?

Conciliation aims to provide a solution, while mediation focuses on facilitating the parties' agreement. Signup and view all the answers

Which statement regarding consumer law mediation is true?

It is a free and confidential procedure for the consumer. Signup and view all the answers

Which of these accurately describes the role of a conciliator?

To assist the parties in reaching an amicable agreement. Signup and view all the answers

In what way does mediation have a broader application than conciliation?

Mediation can be used in all kinds of conflicts, while conciliation is limited. Signup and view all the answers

What is the consequence of a binding agreement reached through a transaction?

Both parties are permanently tied to its terms. Signup and view all the answers

What must occur for consumer law mediation to be applicable?

The conflict must be between the consumer and a professional. Signup and view all the answers

Which statement about mediation and conciliation is incorrect?

Conciliation can result in a legally binding agreement. Signup and view all the answers

Study Notes

Part II (Extended): Civil Law and Common Law Systems

Two major legal systems exist globally: civil law and common law
Civil law systems are most common
Other systems exist, including customary law, religious law, and special/mixed systems (civil + common, civil + religious, common + religious)

Civil Law vs. Common Law

Common Law:
- Based on judicial precedent (past court decisions)
- Adversarial system (focuses on competing arguments)
- Not codified (no single, comprehensive code)
- Judicial precedents are binding (new rulings must follow previous cases)
- Case law is the primary source
- Judges moderate between parties involved, making rulings
Civil Law:
- Code-based system (a collection of statutes/laws)
- Inquisitorial system (judge plays a role in finding facts)
- Codified (single, comprehensive code guides the law)
- Judicial precedents are not binding (judge not obligated to follow prior cases)
- Statutes and other regulations are the primary sources
- The judge's role is to ascertain facts and apply the code

Influence of Law Systems on Lawyers and Judges

Civil Law Lawyers: Advise clients, prepare pleadings (formal statements), less active in the courtroom
Common Law Lawyers: Examine witnesses, more prominent roles in trials
Civil Law Judges: Investigators, take the lead in proceedings, seek facts and truth
Common Law Judges: Referees, arbitrate arguments, considering legal precedents and equity

Test Yourself #6 - True/False

In common law systems, judges are considered referees, unlike civil law systems where they are investigators (True)
In common law, lawyers are more active participants in trials (True)
Common law is seen as a more flexible system than civil law (True)
Civil law is the predominant legal system globally (False; this is debatable)
Common law judges must abide by past judicial decisions from higher courts regarding the application and interpretation of laws (True)
Common law differs from civil law in that its primary source is codified law (False; its primary source is case law)

Part III: What is Conflict Resolution?

Conflicts/disputes can be resolved in several ways
- Amicably between parties
- With help of a third party (mediator/conciliator)
- Before a judge in a court of law
- Before an arbitrator in an arbitral tribunal

Amicable Conflict Resolution Without a Third Party

A transaction usually contains reciprocal compromises
The compromises are binding on all parties
The parties cannot seek legal action to change or re-evaluate the agreements reached

Amicable Conflict Resolution With a Third Party: Conciliation and Mediation

Different systems for different types of conflicts
Contractual Conciliation: Any conflict between parties, free procedure
Contractual Mediation: Any conflict; mediator proposes solution, paying procedure
Consumer Law Mediation: Conflicts between consumer and professional, free procedure, confidential

Test Yourself #7 - True/False

Mediation is a free process (True)
Conciliation is more akin to a transaction than mediation (True)
Consumer law mediation must always be offered to a consumer in conflict with a professional (True)
A consumer must always go through consumer law mediation in conflict with a professional (True)
Mediation has a wider field of application than conciliation (True)

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Test your knowledge on the distinctions between civil law and common law systems. Explore their characteristics, strengths, and how they function globally. This quiz focuses on the fundamental differences and the various legal systems that coexist.

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