Flashcards in 1 LO Deck (5)
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1
Q
- 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
- 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
- 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
- Mediation (mediator helps reach agreement
- Conciliation (non-binding opinion)
- Arbitration (binding opinion)
4
Q
- 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
- 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