A society requires effective dispute resolution to be stable and to secure a peace in the society. Thus efficient and effective dispute resolution systems become necessary. The adversarial litigation system leads to delay , costs and harassment to the litigants. The objective of justice for all in the society seems a distant reality due to the shortfalls of the adversarial system. Here in this situation the alternative dispute resolution seems to be the right choice.
Common Law system Vs. Civil Law system The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two main legal structures: common law or civil law . Before starting the comparison of those two major legal system, we need to know what is law and why is it important to us. Law has many diverse definitions, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship between people themselves and between people and society they live in. Law is important to us because it simply tells us what are our roles and obligations toward our society and other individuals .
1-3) stands yet another less-than positive trait (assuming it remains accurate). On one hand, this term can be see as officers who have internalized the judicial code and have made it their personal value set in all they set forth to accomplish. However, the perception of this term is more akin to that of prejudice. Officers do need to make quick and efficient decisions based on a given situation; however, this must be balanced with understanding, to the fullest possible sense, the context surrounding what is transpiring. For making judgments solely on immediate perception is often deeply
Eye witness testimonies are usually thought of as valuable tools in courts as well as interpersonal conflicts. These accounts are first-hand depictions of an incidence. They greatly affect society because eye witness' are held responsible for telling the unbiased truth, however, that is a rarity since memories can be effortlessly manipulated. These testimonies are significant to society but the recollection of the memories must be in mint condition to avoid being dismissible and or misleading which makes them unreliable sources for conviction. The most conspicuous implication of these testimonies are retroactive interference and proactive interference.
According to their study, conventional metaphors are very important as their shape our cognition. They influence the concepts in our mind because they help us understand the meaning of abstract notions (which are slightly defined by our experinces) such as time, plans, emotions, ideas, etc. Therefore, we compare abstract notions to concepts which are more clear in our thought or experience in order to fully understand them (115). Since the way we understand things is structured by the concepts in our head, our conceptual system is of critical importance to our perception of reality. Lakoff and Johnson also state that universal experiences form part of our global perception as we use them to think from the day we exist.
The giving of reasons is one of the cornerstones of the judicial function and a central aspect of the rule of law. The entitlement to reasons is not only an ‘indispensable part of a sound system of judicial review’, as Professor Wade described it, but also ‘a healthy discipline for all who exercise power over others’ There are two basic underlying reasons for giving reasons: first, a general objective of fairness in the decision making process. Second, the facilitating of judicial review. Furthermore, the giving of reasons acts as a defense against arbitrary decision making, the practice of partisanship in our courts and it aids hugely in the appeals process. The three main sources of a duty to give reasons (The
The school must be licensed. While all top law schools fulfill this model, it is critical to make certain particularly in the event that you are applying to other law schools too. Concentrated Course Work Concentrated course work will empower you to get a vibe of how the universe of law really is. It will empower you to get a direct ordeal, which is amazingly critical in light of the fact that hypothesis can just take you as such. Likewise, you ought to check for particular course work in the particular field that you are keen on.
The quality on one’s research will determine the strength of one’s argument. Balanced writing is a sound understanding of academic debates that exits within and often external to one’s discipline. Balanced writing shows how vast ones research is that is comparing ones findings to other researcher’s findings. Without balanced writing one would question the research if whether it is valid or
One of the major benefits of case studies is its ability to achieve construct validity. This means that it is able to measure the indicators that describe the theoretical concept we intent to examine. What happens is that various variables which researchers want to examine are difficult to measure as some concepts and procedures are democratic in one context and undemocratic in the other. So then it is important to carry out proper comparisons that solve the issue of equivalence. For this, contextual variables need to be examined in detail which cannot happen in statistical studies.
Society has changed significantly, and changes in the legal profession reflect those changes. Keeping this paradigm in mind, there is an emergent need to review legal education so that it meets the needs of the society. Lawyers will have to be acquainted with new tools and skills. A well administered and timely relevant legal education can, therefore, be said to be the only choice for the future. As opined by the famous Indian jurist, Nani A. Palkivala, the two marks of a truly educated man are the capacity to think clearly and intellectual curiosity which enables him to continue and intensify the process of learning even after he has finished the law course.