FUNCTIONS of LEGAL SYSTEM - Syracuse University

FUNCTIONS of LEGAL SYSTEM - Syracuse University

FUNCTIONS of DOMESTIC LEGAL SYSTEM Dispute Resolution -Maintain and Restore Social Order Facilitate Planning -- Project Consequences of Actions Educative Function -- Instill and Reflect Values of Society Legitimizing Function -Reflects Lack of Other Social Institutions LEGAL SYSTEMS Common Law : AngloAmerican Precedent-based (stare decisis) Individual cases source of legal principles

Adversarial system, neutral judge Civil Law: European Code-based Cases only application of principles set out in codes Inquisitorial system, judge leads inquiry Socialist Law: Communist System Islamic Law: Sharia-based Characteristics of International Law Comity: practice of states treating each other with goodwill and civility International law only binding on states that consent to it agree to treaty or ratify convention

Absence of mandatory means of dispute resolution International law concerns states and intergovernmental organizations States: sovereignty and need for recognition by other states Intergovernmental Organizations: UN, EU, WTO, OECD International law generally not concerned with individuals: Individuals have derivative rights; state can seek redress on behalf of individuals Individuals as subjects: may have basic human rights Public International law vs. private international law SOURCES OF

INTERNATIONAL LAW International Conventions and Treaties Treaties: Binding agts btwn two or more states Conventions: binding agts btwn states sponsored by international organizations International Custom Consistent and recurring action by states States observing the custom regard it as binding Domestic law regarded as subservient to International Law Obligation of states to bring domestic law into compliance with international norms

Briefing a Case Facts: What court or tribunals involved here? What is nature of dispute: Who?, Why?, What is at stake? Arguments of the parties? Principles? Where are we procedurally? Issue: What is the legal question the court must decide? Decision: How does the court decide the issue? Reasoning: Why does the court decide the way it did?

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