lecture 3 Flashcards
(17 cards)
How to assess the reasonableness of the length of proceedings?
based on 4 criteria:
1. the complexity of the case
2. the conduct of the applicants
3. the conduct of the relevant authorities
4. what was at stake for the applicants in the dispute.
What is the difference between testimony and deposition?
The termtestimonyusually applies to questions during a trial. Witnesses are questioned by each side separately.
The term deposition is an interview to determine the facts of a legal matter. It’s usually conducted before a trial, and attorneys from both sides ask questions. deposition is part of the discovery Phase.
What is prompt rendition of justice?
- Court should resolve issue in reasonable time.
- parties should cooperate.
What was the outcome of the SHACOLAS v. CYPRUS case?
- The Court acknowledged that while the applicant contributed to some delays, the Cypriot courts also failed to manage the proceedings effectively, leading to excessive duration.
- The Court concluded that the length of the proceedings was unreasonable and constituted a violation of the applicant’s right to a fair trial within a reasonable time.
What is the pleading phase in a court procceeding?
UNIDROIT PRINCIPLE 9.2
In the pleading phase the parties must present their claims, defenses, and other contentions in writing, and identify their principal evidence.
What is the interim phase in a court procceeding?
UNIDROIT PRINCIPLE 9.3
* hold conference to organize procceeding
* establish schedule, w/ progress of procceeding.
* Address the matters appropriate for early attention (jurisdiction, statute of limitations)
* etc.
What happens during the final phase of a procceeding?
9.4 In the final phase evidence not already received by the court according to Principle 9.3.6 ordinarily should be presented in a concentrated final hearing at which the
* parties should also make their concluding arguments.
What is the function of a jury do during a procceeding?
The jurors must decide whether, on the facts of the case, a person is guilty or not guilty of the offence for which he or she has been charged.
They do not interpret law
Who has the burden of proof in civil litigation?
The burden of proof lies with the plantiff.
after the plantiff has presented their case, the burden of proof shifts to the defendant
What sorts of compensation is there in civil jurisdiction?
- Actual loss suffered
- lost profits
- originates from roman law
What sorts of compensation is there in common law jurisdictions?
- direct damages- damages that occured from direct consequenses of breach.
- consequential damages- flow indirectly from the breaching conduct.
What sorts of witnesses are there?
An ordinary witness must have personal knowledge of the facts giving rise to their testimony
an expert witness can provide opinions that are based on their area of expertise.
Who questions the witnesses in civil law V. common law jurisdictions?
AND WHAT IS THE GOAL
common law- LAWYER- fact finding
civil law- JUDGE- persuading
What is the role of written evidence in civil v. common law systems?
civil- primary source
common- supplementary source
What is the discovery phase?
- This involves asking the opposing party or other people to provide information that would not be publicly known or readily available to the party seeking it.
- this allows but parties to build up their argument
What is a statute of limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offense.
What is the function of the court of first instance, court of appeal, and the supreme court?
**1. Court of first instance- **Decides the case based on law applied to those facts. investigates and establishes facts of case.
2. Court of Appeal- Can reverse the lower court’s decision and issue a new ruling and reconsiders the entire case.
**3. Supreme court- ** Only reviews whether law was applied correctly by court of Appeal. sup. court can then send case back to different court of appeal.
