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Flashcards in 1 LO Deck (5)
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1
Q
  1. In what fundamental way is there a difference in approach between common law and civil law systems?
A

Civil - Roman Code

Common - Case

2
Q
  1. In the English system, which institution may revoke legislation ? Is the American system different in this respect?
A

UK - Doctrine of Parliamentary sovereignty

The US Supreme Court’s power of judicial review allows it to invalidate legislation deemed inconsistent with the Constitution.

3
Q
  1. Businesses could decide to have their disputes settled other than by a judge in court. Which alternatives to the courts do you know?
A

Alternative Dispute Resolutions

  1. Mediation (mediator helps reach agreement
  2. Conciliation (non-binding opinion)
  3. Arbitration (binding opinion)
4
Q
  1. In common law systems, trusts are important constructions for both individuals and commercial organisations. How does a trust operate?
A

Limited Liability, Own tax rate

5
Q
  1. What is the difference between ratio decidendi' and obiter dicta’ in a judgment? Which element is the more important?
A

Ratio Decidendi: the grounds for the decision, binding

Obiter Dicta - Everything outside. non-binding