Common Law vs. Civil Law

Legal proceedings where opposing parties present arguments and evidence to an impartial judge or jury, who then make a decision based on the law.

A principle in law where judges rely on previous rulings (precedents) to make decisions in similar cases.

A legal system where judges play a more active role in shaping the law, relying on precedent and academic commentaries.

Judges in civil law systems often join the bench after a long career in law, building a reputation for expertise.

In adversarial systems, juries determine the facts of a case, while judges interpret the law and ensure fair procedures are followed.

In civil law systems, judges often take on the role of both fact-finder and law interpreter, especially in cases without juries.

Juries in adversarial systems act as neutral observers, making judgments based on presented evidence.

Legal scholars play a significant role in shaping the direction of law in civil law systems, providing commentary and analysis.

A legal provision is a specific rule or regulation found in a legal code that sets out the law on a particular issue.

A codified system of laws that are systematically organized and written down, such as the German Civil Code.

A legal process where a judge applies a general rule to a specific case, drawing a conclusion from the rule.

A past case that guides judges in future decisions because it involved similar facts and legal issues.

The process of identifying a key difference between the case at hand and a previous decision, which allows the judge to deviate from the precedent.

The process of proving a claim or defense with evidence, where both parties are actively involved.

The role of gathering and presenting evidence does not fall upon lawyers. It is the responsibility of the parties involved in the case.

A hierarchical system for classifying concepts or things.

A legal system primarily based on comprehensive written codes.

A legal system founded on judicial decisions, customs, and precedent.

A legal system based on religious texts and principles.

A legal system combining elements of different legal traditions.

A process where English law became applicable in British colonies.

The primary source of law in civil law systems are comprehensive codified statutes.

Judicial decisions in civil law systems are binding only to the parties involved in the specific case.

The process of selecting jurors for a trial. Potential jurors are summoned randomly, questioned by attorneys and judges (voir dire), and accepted or rejected for cause or by peremptory challenge.

The process of questioning potential jurors to determine their fitness for a trial. This involves assessing impartiality, biases, and other factors that might affect their decision.

Removal of a potential juror due to a conflict of interest or bias. This ensures fairness and impartiality in the trial.

A challenge that allows attorneys to remove a potential juror without needing to give a specific reason. It's a limited number per case.

A jury that fails to reach a unanimous verdict. The trial ends in a mistrial, and the prosecution decides whether to retry the case with a new jury.

A legal process where parties agree on the facts and ask the judge to resolve the legal issues, skipping a trial by jury.

The pre-trial phase where parties gather information from each other, preparing for the trial.

Written questions that must be answered under oath by the opposing party during discovery.

Sworn testimony given outside of court, recorded for potential use during the trial. It's like a pre-trial interview under oath.

The legal standard of proof in many civil cases, where the party with the burden must show it's more probable than not that their claims are true.

The opposing party questions a witness's testimony to challenge their credibility or undermine their account.

The original party to a witness re-examines them after cross-examination to clarify or reinforce their testimony.

The opposing party can again question a witness after redirect examination, usually to follow up on points raised during redirect.

The defendant presents their case and evidence after the plaintiff has finished presenting theirs.

The plaintiff has the opportunity to respond to the evidence presented by the defendant during their case in chief.

Both parties summarize their arguments and ask the jury or judge to rule in their favor.

The judge explains the relevant legal rules and instructions to the jury on how to deliberate and reach a verdict.

The jury discusses the case and reaches a verdict (guilty/not guilty or liable/not liable), which is the final decision in the trial.