Element of a Good Legal System

Disputes must be resolved in a timely manner so that social cohesion and trust in the legal system can exist. If disputes are not resolved within a reasonable period of time, they can escalate in the community. However, there must be a balance between allowing sufficient time for the parties to prepare an effective case and resolving the dispute in a timely manner. Conflict of laws and international legal regime UNCITRAL is the legal organ of the United Nations that has largely harmonized and unified international law. It consists of 61 States elected by the United Nations General Assembly and has promulgated various model laws and conventions, including those mentioned above, which are covered in this programme. Many countries in the world have a constitution that sets out the basic legal rights of citizens. For example, the United States has a written constitution. Valerie and Wong have a dispute over a contract for the international sale of goods. Dispute resolution is not provided for in the contract. Both want a quick solution to the problem, which concerns a rather obscure part of commercial law. However, Wong believes that some recent disputes have been unfairly settled against him and would like to be able to appeal the decision if he disagrees. Advise Wong. An arbitration agreement is an agreement between the parties to submit to arbitration any specific dispute that has arisen or may arise between them in connection with a particular legal relationship, whether contractual or non-contractual or not.

An arbitration agreement may take the form of an arbitration clause in a contract or in the form of a separate agreement. 3 ELEMENTS OF AN EFFECTIVE LEGAL SYSTEMELEMENT 2 – Access to dispute resolution We have courts, tribunals and ADRs A good legal system – gives people faster effective access – money, culture or social differences should not affect people`s access – real access. 2 ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM ELEMENT 1 – Fair and impartial consultation. * Independent judge Very strict rules of evidence and procedure Parties have control of their own case Use of legal representation Parties can call their own witnesses, e.g. Thomas Towle Case Cross-examination Appeal system Opposing the jury system Recent changes and recommendations for changes to the legal system to improve its efficient functioning On the other hand, a country may be governed by an elected body (political system: democracy), and individuals may be freer to regulate their own lives while being subject to a general set of laws promulgated by the elected government. 3 International trade, international rules and conflicts of laws In country B, however, dimitri is accustomed to less formality when it comes to contracts. He understands that once the parties have agreed on the conditions, the conditions are binding. As soon as the negotiations with Constance are over, he makes the goods to her and sends them to her. Suppose Constance in country A wants to buy products from Dimitri, in country B.

Democracy is a political system in which the citizens of a country elect the government that governs them.  Right to silence (arrest and trial)  Right to bail  Use of jury trials  Appeals  Fair and just sentences  Public judicial system 1. Since the consumption of alcohol is prohibited by the Qur`an, the principle of Qiyas applies the same rule to matters that have a similar effect to alcohol, such as taking illegal drugs. Qiyas is a method of interpreting how to apply the law to a matter by comparing that matter to a case in which the Qur`an is clear. For example, a comparison between the effects of alcohol consumption and the use of illegal drugs leads to the conclusion that the consumption of illegal drugs is prohibited by the Qur`an because the consumption of alcohol is prohibited. (Please note that taking medication is not affected.) Wong`s desire to appeal if he is not satisfied with the decision suggests that a court case might be his best option. However, this must be weighed against the benefits of arbitration, which would allow for a faster decision, and would be negotiated before an expert in the “rather obscure” field of commercial law to which it relates. Arbitral awards can only be challenged in very limited circumstances, and although it may benefit from the results of previous arbitrations, arbitration might still be the best option in this case. This is probably the best option for Valerie, and if Wong wants to maintain a good future relationship with Valerie, that would be another reason to prefer arbitration. The main advantage of a court case is that it can provide a useful legal solution.

The ICC is an organization founded by business leaders from various countries that aims to “serve the global economy by promoting trade and investment, open markets for goods and services, and the free movement of capital.” A court of first instance is the court where a dispute or case is heard in the first place. In the event of a dispute with the judgment in the case in which he was heard before a court of first instance, he will be referred to a court of appeal. To ensure a fair and effective legal system, dispute resolution mechanisms must be accessible to all members of society. In order to ensure universal access, the legal system provides for a number of procedures and procedures for resolving various disputes. The legal system must function effectively in the settlement of disputes. Efficient operation leads to fair results. For the legal system to function effectively, three elements must be present: comparing and contrasting the interpretation of the law in common law and civil law. A conflict-of-laws rule exists when parties in different jurisdictions interact and trade with each other and their respective legal norms conflict with each other. Constance finds an alternative supplier who is willing to give her a better deal than Dimitri before signing her contract with Dimitri and decides to sign a contract with the alternative supplier instead.

Then she receives goods from Dimitri. She is surprised because she does not believe she has a contract with Dimitri. However, he expects her to accept and pay for the goods. Courts are places where disputes have been settled in the past. Some common law countries have developed a system whereby the judiciary can decide whether a particular law is constitutional. Give two examples of countries that have a civil law system. This problem can be illustrated by thinking about HSBC ads running on TV or when you arrive at Heathrow Airport in London. The purpose of this advertisement is that the same thing (for example, the color red) can mean very different things in two different countries: for example, in the United Kingdom, red implies danger, in China it implies luck. A similar situation may exist with the law. In country A, negotiations on a contract can be part of the contract, in country B, only the agreed and signed conditions can be included. The process of passing acts of Parliament is time-consuming and cumbersome.

It would not be possible to regulate all legal aspects by an Act of Parliament or to take into account every detail of every relevant section. In order to facilitate the legislative process and save parliamentary time, Parliament may authorise another body to adopt secondary legislation. This type is usually referred to as delegated or secondary law. This means that legislation is carried out on behalf of Parliament. There are two judicial systems in the United Kingdom. The penal system deals with crimes against the state and the civil system deals with legal disputes between citizens. Both systems have a court structure, so that the case is heard before a court of first instance, but if a party disagrees with the outcome, the case can be referred to a “court of appeal”. In a civil law system, judges are required to interpret the law. The downsides are that the decision to go to court can be costly and time-consuming. The cost of legal representation associated with court costs may deter this route, especially if the case can go through the courts of appeal.

These systems are interdependent and interact and influence each other. A country`s political and economic system is influenced by its legal system and has implications for the practice of international affairs. In a civil law system, judges are required not to interpret the law, but simply to apply it. If an interpretation is necessary, judges should try to implement the social purpose of the law and try to apply the intent to the present day. The system chosen by judges to follow the decisions of previous cases is called the doctrine of precedent. As you can see, the mandate of the United Nations is broader than international law. It has different legal services, such as: In a common law system, judges have a set of rules and principles that they must apply when interpreting laws, which have been formulated in detail. This includes the fact that laws do not take precedence over existing law and do not concern matters not covered by the law. A country can be ruled by a dictator (political system: a dictatorship) and individual freedom can be heavily regulated.