Podcast
Questions and Answers
What is the role of the judge in an adversarial system?
What is the role of the judge in an adversarial system?
Which of the following is NOT a key principle of the rule of law in the UK?
Which of the following is NOT a key principle of the rule of law in the UK?
What is the main difference between the inquisitorial and adversarial systems?
What is the main difference between the inquisitorial and adversarial systems?
Which of the following statements about legal certainty is TRUE?
Which of the following statements about legal certainty is TRUE?
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Why is retrospective legislation considered problematic in most legal systems?
Why is retrospective legislation considered problematic in most legal systems?
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What is the primary purpose of the rule of law?
What is the primary purpose of the rule of law?
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Which of the following is an example of how the principle of equality is applied in the UK legal system?
Which of the following is an example of how the principle of equality is applied in the UK legal system?
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Which of the following is a potential consequence of a lack of legal certainty?
Which of the following is a potential consequence of a lack of legal certainty?
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What is one characteristic of a neutral mediator in the mediation process?
What is one characteristic of a neutral mediator in the mediation process?
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Which of the following statements about arbitration is true?
Which of the following statements about arbitration is true?
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In which circumstance can courts review an arbitration award?
In which circumstance can courts review an arbitration award?
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What happens during binding arbitration?
What happens during binding arbitration?
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What is a primary advantage of mediation over litigation?
What is a primary advantage of mediation over litigation?
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What is specific performance in the context of contract law?
What is specific performance in the context of contract law?
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What is the primary purpose of criminal law?
What is the primary purpose of criminal law?
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Which of the following describes mens rea?
Which of the following describes mens rea?
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What is the primary role of a petit jury in a criminal case?
What is the primary role of a petit jury in a criminal case?
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What distinguishes felonies from misdemeanors?
What distinguishes felonies from misdemeanors?
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What is an injunction typically used for in legal contexts?
What is an injunction typically used for in legal contexts?
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Which statement accurately describes a grand jury?
Which statement accurately describes a grand jury?
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What does it mean if a civil case is dismissed 'with prejudice'?
What does it mean if a civil case is dismissed 'with prejudice'?
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Which of the following is an example of a second-degree felony?
Which of the following is an example of a second-degree felony?
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What is the doctrine of Stare Decisis?
What is the doctrine of Stare Decisis?
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How many jurors are typically present in a grand jury?
How many jurors are typically present in a grand jury?
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Which group is NOT exempt from jury duty?
Which group is NOT exempt from jury duty?
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What does actus reus refer to in the legal context?
What does actus reus refer to in the legal context?
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In a civil case, what is the standard of proof required for the plaintiff to win?
In a civil case, what is the standard of proof required for the plaintiff to win?
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What is one responsibility of a petit jury after hearing a criminal case?
What is one responsibility of a petit jury after hearing a criminal case?
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Which statement about the functions of trial juries and grand juries is true?
Which statement about the functions of trial juries and grand juries is true?
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What defines recklessness in the context of criminal law?
What defines recklessness in the context of criminal law?
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Which element is NOT part of second degree manslaughter?
Which element is NOT part of second degree manslaughter?
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What does the Federal Arbitration Act (FAA) ensure regarding arbitration agreements?
What does the Federal Arbitration Act (FAA) ensure regarding arbitration agreements?
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Which of the following is a drawback of negotiation in ADR?
Which of the following is a drawback of negotiation in ADR?
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In mediation, what is a condition under which communication is NOT privileged?
In mediation, what is a condition under which communication is NOT privileged?
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What is one benefit of using mediation over litigation?
What is one benefit of using mediation over litigation?
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What is the primary focus of criminal negligence?
What is the primary focus of criminal negligence?
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Which statement about the outcome of arbitration awards is correct under the FAA?
Which statement about the outcome of arbitration awards is correct under the FAA?
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What is the primary focus of "due process" in legal systems?
What is the primary focus of "due process" in legal systems?
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Which of the following is NOT an advantage of the rule of law?
Which of the following is NOT an advantage of the rule of law?
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In the United States, federal law is created by which branch of government?
In the United States, federal law is created by which branch of government?
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What is the significance of the Marbury v. Madison case?
What is the significance of the Marbury v. Madison case?
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What does the term "stare decisis" refer to?
What does the term "stare decisis" refer to?
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Which of the following best describes the relationship between "stare decisis" and "precedent"?
Which of the following best describes the relationship between "stare decisis" and "precedent"?
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Which of the following is NOT a key feature of the US legal system?
Which of the following is NOT a key feature of the US legal system?
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What is the primary difference between vertical and horizontal stare decisis?
What is the primary difference between vertical and horizontal stare decisis?
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Flashcards
Inquisitorial System
Inquisitorial System
A legal system where the judge actively investigates the case.
Adversarial System
Adversarial System
A legal system where two sides argue their cases before a judge.
Legal Certainty
Legal Certainty
Laws must be applied consistently and predictably.
Equality Before the Law
Equality Before the Law
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Fairness in Law
Fairness in Law
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Retrospective Legislation
Retrospective Legislation
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Role of Judges
Role of Judges
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Lawyer's Role
Lawyer's Role
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Petit Jury
Petit Jury
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Criminal Case
Criminal Case
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Civil Case
Civil Case
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Grand Jury
Grand Jury
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Indictment
Indictment
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Prejudice in Law
Prejudice in Law
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Jury Deliberation
Jury Deliberation
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Jury Exemptions
Jury Exemptions
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Due Process
Due Process
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Protection of Liberty
Protection of Liberty
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Rule of Law Advantages
Rule of Law Advantages
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Separation of Powers
Separation of Powers
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Marbury v. Madison
Marbury v. Madison
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Stare Decisis
Stare Decisis
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Horizontal Precedent
Horizontal Precedent
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Vertical Precedent
Vertical Precedent
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Mediation
Mediation
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Arbitration
Arbitration
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Mandatory Arbitration
Mandatory Arbitration
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Binding Arbitration
Binding Arbitration
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Limited Grounds for Review
Limited Grounds for Review
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Specific Performance
Specific Performance
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Injunction
Injunction
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Crime
Crime
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Felony
Felony
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Mens Rea
Mens Rea
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Actus Reus
Actus Reus
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Misdemeanor
Misdemeanor
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Recklessness
Recklessness
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Criminal Negligence
Criminal Negligence
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Second Degree Manslaughter
Second Degree Manslaughter
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
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Federal Arbitration Act (FAA)
Federal Arbitration Act (FAA)
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Negotiation
Negotiation
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Confidentiality in Mediation
Confidentiality in Mediation
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Study Notes
Anglo-American Legal Systems
- Common Law vs. Civil Law: Common law emphasizes precedent, while civil law emphasizes codified law. Judges in common law systems often personalize judgments, while those in civil law systems tend to be more detached from the case's details.
Role of Judges (Common Law)
- Training and Recruitment: Judges usually have extensive legal experience, often as attorneys or barristers, before appointment or election.
- Decision-Making: Judges in common law systems search for and apply relevant precedent. When precedent is unclear, judges may use previous decisions or create new precedents, which become important to future cases, which is how law slowly evolves.
- Personalization: Opinions and approaches to decisions can vary greatly because of individual judges’ personalities, experiences and views.
Role of Judges (Civil Law)
- Training and Recruitment: Judges often receive specialized training/education after learning the judicial system.
- Decision-Making: Civil law judges base their decisions on existing laws and codes and legislation, which guides the outcome of cases. They have less discretion in determining outcome or adjusting judgments than their counterpart in Common Law systems.
Manner of Writing Legal Opinions (Common Law)
- Organization: Writing legal opinions are carefully planned and thoroughly research all details. Judges gather and organize the facts of the case.
- Precedents: Judges research similar cases (precedents) to determine how the legal argument may play out in the current case.
- Decisions: Judges analyze precedent and facts to arrive at a new legal decision.
Method of Arriving at Decisions (Common Law)
- Research: Precedent is researched to guide judgments for current issues.
- Application: Learned rules are applied to specific facts of the case.
Method of Arriving at Decisions (Civil Law)
- Research: Decisions are based on existing legislation.
- Application: Established laws are applied to specific facts in a case.
Stare Decisis
- Horizontal: Lower courts follow precedents set by higher courts or from other courts on the same level to ensure consistency and fairness.
- Vertical: Higher-level court rulings set precedents for lower levels within a system to guide their judgments, too ensure consistency and fairness.
US Court System
- Trial Court: Where legal cases initiate. Cases may be civil or criminal.
- Appellate Courts: These courts review decisions of lower courts and to ensure they were legally correct and followed established legal procedures.
- Supreme Court: Highest court in the US, usually only hears cases with significant legal implications.
Fourth Lecture - Juries
- Voir Dire: A process through which potential jurors are questioned to determine if any biases exist, making certain everyone is fair and unbiased.
- Jury Duty: A duty to attend trials when summoned. Prospective jurors can be dismissed by attorneys and judges with valid reasons, if they do not deem them acceptable.
Fourth Lecture - Types of Juries
- Petit Juries: Decides criminal and civil cases.
- Grand Juries: Determine whether there is enough evidence to indict someone in a criminal case.
Fifth Lecture - Contract Law
- Contract Definition: A legally binding agreement between two parties.
- Purpose of Contract: To protect parties and ensure their promises are fulfilled.
Fifth Lecture - Types of Contracts
- Express Contract: Clearly stated terms.
- Implied-in-fact Contract: Terms implied by circumstances, not explicitly expressed.
- Quasi-Contract: Based on fairness and preventing unjust enrichment, even when no formal contract exists.
- Mailbox Rule: Offers are accepted when the message of acceptance is sent.
Sixth Lecture - Criminal Law
- Crime: An act or omission violating a law which can be prosecuted by a state or federal authority..
- Stare Decisis: The principle of following precedent helps ensure fairness and consistency in legal rulings by guiding judgements in similar cases.
- Purpose of Criminal Law: Protect society and prevent undesirable behavior.
Seventh Lecture - Alternative Dispute Resolution (ADR)
- Negotiation: Directly between parties to resolve a dispute.
- Mediation: Neutral third party assists in reaching an agreement.
- Arbitration: Neutral third party makes a binding decision to resolve a dispute.
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Description
Test your knowledge on the key principles of legal systems, focusing on the adversarial and inquisitorial systems. This quiz covers topics such as the rule of law, legal certainty, mediation, and arbitration. Assess your understanding of how these concepts function within the UK legal system.