Speaking questions (course ) term Units 1,5,7,10
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4 course Speaking questions
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- constitutions, statutes, cases
Speaking questions (course 4) term 1 Units 1,5,7,10 1.Describe the bodies of law. Body of laws (also known as corpus juris) is a reference to an organized and systematic collection of the rules of jurisprudence, code or laws. It is typically a collection of all the laws of a specific jurisdiction, such as the California Code. As the most common bodies of law can be considered:
2.What is the primary source of laws under each body? Primary sources are the actual laws and rules issued by governing bodies that tell us what we can and cannot do. The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government 3.Describe the difference between common law and civil law system? The term 'civil law' contrasts with both 'common law' and 'criminal law'. In the first sense of the term, civil law refers to a body of law based on written legal codes derived from fundamental normative principles. Legal disputes are settled by reference to this code, which has been arrived at through legislation. Judges are bound by the written law and its provisions. In contrast, common law was originally developed through custom at a time before laws were written down. Common law is based on precedents created by judicial decisions, which means that past rulings are taken into consideration when cases are decided. It should be noted that today common law is also codified ,i.e. in written form. 4. What is the role of the judge in the in inquisitorial system? In the inquisitorial system, the presiding judge is not a passive recipient of information. Rather, he or she is primarily responsible for supervising the gathering of the evidence necessary to resolve the case. He or she actively steers the search for evidence and questions the witnesses, including the respondent or defendant. 5. What is the role of the attorney in the in adversarial system? Attorneys play a more passive role, suggesting routes of inquiry for the presiding judge and following the judge's questioning with questioning of their own. Attorney questioning is often brief because the judge tries to ask all relevant questions. 6.Describe the persons in court.
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