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FUNCTIONS of DOMESTIC LEGAL SYSTEM

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.

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FUNCTIONS of DOMESTIC LEGAL SYSTEM

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  1. 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

  2. LEGAL SYSTEMS • Common Law : “Anglo-American” • 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

  3. 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

  4. 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

  5. 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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