👩🏼‍⚖️Courts and Society Unit 11 – Comparative judicial systems

Key Concepts and Terminology

• Jurisdiction refers to the legal authority of a court to hear and decide cases
  • Subject matter jurisdiction pertains to the types of cases a court can hear (criminal, civil, family law)
  • Geographic jurisdiction relates to the physical area where a court has authority
• Stare decisis is the legal principle of following precedent set by previous court decisions
• Judicial review allows courts to assess the constitutionality of laws and government actions
• Adversarial system involves two opposing parties presenting arguments before an impartial judge or jury
• Inquisitorial system has the judge actively investigate the case and determine the facts
• Common law systems rely on case law and precedent (United States, United Kingdom)
• Civil law systems are based on comprehensive legal codes (France, Germany)

Historical Development of Judicial Systems

• Early forms of dispute resolution involved community elders, religious leaders, or monarchs making decisions
• Ancient civilizations (Babylonia, Egypt, Greece, Rome) developed early legal codes and court systems
• Medieval Europe saw the rise of common law in England and civil law on the continent
  • English common law emerged from royal courts and judge-made precedent
  • Continental civil law was influenced by Roman law and codified statutes
• Enlightenment ideas (separation of powers, individual rights) shaped modern judicial systems
• Colonialism spread European legal traditions to other parts of the world
• Post-World War II saw the establishment of international courts (International Court of Justice)

Types of Legal Systems Around the World

• Common law systems (United States, United Kingdom, Canada, Australia) rely on case law and precedent
  • Judges have more flexibility to interpret and apply the law
• Civil law systems (France, Germany, Japan, Brazil) are based on comprehensive legal codes
  • Judges apply the law as written in the codes with less room for interpretation
• Religious law systems (Islamic law, Jewish law) incorporate religious principles into the legal framework
• Customary law systems (many African and Pacific Island nations) recognize traditional practices and norms
• Mixed systems combine elements of different legal traditions (Louisiana, South Africa)
• Socialist law systems (China, Cuba) are influenced by Marxist-Leninist ideology and state control

Structure and Organization of Courts

• Hierarchical structure with lower courts, appellate courts, and supreme courts
  • Lower courts (trial courts) are the first level where cases are heard
  • Appellate courts review decisions made by lower courts
  • Supreme courts are the highest level and have final say on legal matters
• Specialized courts handle specific types of cases (bankruptcy, family, tax)
• Federal and state court systems in countries with federal systems (United States, Australia)
• Jurisdiction determines which court has authority to hear a case
• Venue refers to the geographic location where a case is heard

Roles and Functions of Legal Professionals

• Judges preside over court proceedings, interpret the law, and issue rulings
  • In common law systems, judges also make case law through their decisions
• Lawyers represent clients, provide legal advice, and argue cases in court
  • Prosecutors represent the state in criminal cases and bring charges against the accused
  • Defense attorneys represent individuals accused of crimes or facing legal action
• Court administrators manage the day-to-day operations of the court system
• Paralegals assist lawyers with research, document preparation, and case management
• Court reporters create verbatim transcripts of court proceedings
• Bailiffs maintain order and security in the courtroom

Judicial Selection and Appointment Processes

• Methods vary by country and level of court
• Appointment by the executive branch (President in the United States) with legislative confirmation
• Election by the public in some U.S. states and other countries
• Merit selection involves a nominating commission recommending candidates for appointment
• Judicial councils or commissions oversee appointment and discipline of judges in some systems
• Qualifications (legal education, experience, age) and term lengths differ across jurisdictions
• Balancing independence and accountability is a key concern in judicial selection

Case Processing and Decision-Making

• Cases begin with the filing of a complaint or charges
• Pretrial proceedings (discovery, motions, plea bargaining) occur before trial
• Trials involve presenting evidence, examining witnesses, and making arguments
  • Bench trials are decided by a judge, while jury trials involve a panel of citizens
• Judges or juries determine the facts and apply the law to reach a verdict
• Sentencing in criminal cases may involve fines, probation, or imprisonment
• Appeals process allows parties to challenge the decision of a lower court
• Alternative dispute resolution (mediation, arbitration) offers options outside of traditional litigation

Challenges and Reforms in Modern Judicial Systems

• Ensuring access to justice for all individuals, regardless of socioeconomic status
• Reducing case backlogs and improving efficiency through technology and case management
• Addressing disparities in sentencing and treatment of marginalized groups
• Balancing judicial independence with accountability and transparency
• Adapting to changing societal norms and expectations (same-sex marriage, digital privacy)
• Improving public trust and confidence in the judicial system
• Incorporating alternative dispute resolution and problem-solving courts (drug courts, mental health courts)
• Responding to globalization and the need for cross-border legal cooperation