LLB London : CLRI chapters 1:6

Terms in this set (98)

A concern to determine legal disputes according to pre-determined legal principles established to maintain social order.

The source of law being found in authoritative statements of basic legal principles - for example, the Civil and Criminal Codes - issued by the state and propounded upon by legal scholars.

The separation of public law (concerning relations between the individual and the state) and private law (between individuals).

The adoption of a deductive form of legal reasoning whereby pre-existing general statements of legal principle are applied to the specific circumstances of individual cases.

In litigation, the fact that no rigid separation exists between the stages of the trial and pre-trial in court cases. Legal proceedings are viewed as a continuous series of meetings, hearings and written communications, during which evidence is introduced, witnesses heard and motions made.

Rules relating to courtroom practice which are intended to be minimal and uncomplicated.

A less conspicuous role played by lawyers, with an emphasis on written submissions rather than oral argument. The judiciary in theory and practice play a more organisational and inquisitive role. The greater directorial role of the judiciary allows less room for the parties to direct their own case. In this sense the system is more hierarchical than participatory.

The fact that, as officers of the state, the judiciary possesses no separate and inherent power to adjudicate.

The fact that a greater proportion of the effort and expense of dispute determination through litigation falls on the state.