The composition of a trial :
the judge, the jury, the parties to a case, the witnesses, the respondent, the defendant
Définitions de l'Unit 2
Définition
Act of Parliament
a law passed by Parliament
Beneficiary
a person meant to receive something, to benefit or gain profit from something
Case law
the major volume of judicial decisions.
Statute
law passed by Parliament and which has received the Royal Assent (signed by the monarch).
Writ
a formal written order issued by an administrative or juridical authority.
Legal system
Définition
Adversarial system
when the judge knows nothing of the case until the case is presented to him or her by the lawyers with their arguments or the law. He's impartial and doesn't participate in the process of gathering evidence and determine what facts are relevant to keep in the case
Inquisitorial system
when the judge participate in the case by questionning witnesses, gathering evidence, establishing what facts are relevant to understanding the case
English legal sys rely on the adversarial sys : the judge is presented to the case by the lawyers
French legal sys rely on the inquisitorial sys : the judge interfere in the case by questionning the witnesses, etc.
Origins of the Common Law
Brought to the UK by the Norman Conquest and in particulary William the Conqueror with his law in 1066 that standarized and homogenized the laws in the country
- the Laws united the customs and traditions, created courts and a legal sys common to the country --> the origin of the term "Common law".