8 steps analysis in case law
What were facts of the case?
What was procedure?
What were the issues?
What rule/law did court apply?
What was the holding?
What was the reasoning?
What was the conclusion for the case?
What is your opinion about the case?
sole practitioner
Einzelanwalt
chambers
Kanzlei eines Barristers
Inn of Court
Berufsvereinigung von Barristern
commisioner of oaths
official confirming that certain person has signed specific document
Magistrate
judge working in a lower court
Key Skills
legal research, public speech amd case analysis
Queens Counsel
a barrister who is chosen to represent the British royal family in a court of law
Becoming solicitor vs barrister
Legal Practice Course <-> Bar Professional Training
training contract <-> pupilage
two years <-> one year
Advocate
lawyer in Scotland
Barrister
10%
works for his own account
legal experts
Solicitor
90%
case manager
collects evidence
deals with client
generalist
Clerk in Engl vs US
US: assistant to judge
Engl: office manager, works for barrister
Counsel
no plural s
Notary in common law
certifies signatures
impartial witness
laypeople
notarization
notary public
socratic method
When using the Socratic Method, professors will have a student attempt to summarize a case, followed up by a grilling of questions. These questions can sometimes include a manipulation of facts to challenge the student in the hot seat.
ius civile and ius gentium
ius civile für Römer & gentium für Fremde
Parts of Corpus Iuris Civilis
Codex Iuris Civilis
Digest (kind of legal encylopedia, also Pandects)
Institutions (textbook fpr students)
fourth part (collected by jurists of Justinian): Novels
Dates for civil law legal tradition
1088: from here on Roman Law rediscovered in Europes first law school in Bologna
1804: Code Napoleon released and replaced ius commune
527: Justinian comes to power
1900: BGB
characterize civil law
dogmatic, abstract, systematic
civil codification is binding, all encompassing, uniform in application
Zuletzt geändertvor einem Jahr