lecture 4 Flashcards
(13 cards)
UNIDROIT PRINCIPLE 15
What is the difference between dismissal and default judgement?
Dismissal: Procceedings end without decision because APPLICANT fails to prosecute the procceedings.
default judgement: allows case to procceed but decision is automatically rendered against defendant because defendant is not showing up to procceedings.
PRINCIPLE 17
What are sanctions during court procceedings?
Court may impose sanctions to parties lawyers or third parties if they take actions that disrupt the legal process.
example: failing to follow court orders, witholding evidence, abusive behavior, false evidence.
What is serious misconduct and what is non-serious misconduct?
serious- conduct done to deceive the court (lying under oath).
sanction- criminal charges, not being a lawyer anymore
not serious- missing a deadline
sanction- small fine
What is ‘drawing adverse inferences’?
Drawing adverse inferences in a legal context means that a court or jury can conclude that evidence missing or withheld by a party is unfavorable to that party’s case.
What is privileged evidence?
Evidence that should stay confidential to protect privacy and HR, court must (generally) respect this, but must not be used as excuse.
EXAMPLE: Family, client-attorney, professional communication, protection from self-incrimination, privacy
principle 22.4
What is expert opinion?
Courts may seek advice from expert with specialized knowledge for complex matters.
Courts usually have list of experts.
Parties can also select experts on topic.
expert must present full and objective assesment on topic.
principle 13
What does a ‘Amicus curiae’ do?
non-party to case that supplies the court with information that are helpful for the case.
non-binding to court, not party to the case.
Principle 21
Who has the burden of proof in court cases?
each party must prove their own claims.
exceptions- legal relationships with powerimbalance (such as employer-employee)
principle 21
What is the standard of proof in court cases?
standard is that the proof is strong enough so that any reasonable judge would likely come to the same conclusion.
-however any judge is human and can interpret things differently (option to appeal).
principle 22+23
What law/facts must the court/judge use
-judge can use the law and facts that the applicant and respondent use, but they can also use other law, facts and evidence if they think that is more relevant.
principle 26 and 29
When is judgement enforcable?
final judgement of first instance court should be immediatly enforcable, but courts can give period to comply.
principle 27
What types of errors does an appeal adress?
- error in judgment- court misapplied, misunderstood laws
- errors in procceedings - procedural mistakes.
court may consider new facts and laws but not new claims.
What are the 3 possible outcomes of an appeal?
- overrule- COA disagrees with lower courts decision and overrules it.
- uphold- court agrees with lower court.
3.remand- court sent it back to lower court for further action or new trial.
