Law 2101 Study Guide - Quiz Guide: Adversarial System, Legal Positivism, Legal Certainty
Document Summary
Case management adversarial system: - proceedings can take a long time. Court doesn"t take initiatives and wait until parties move on (request for further delays is awarded and court is powerless) case management: - by courts became more important. More active judge can save time and money for the parties+ state. In many jurisdictions inquisitorial elements have been introduced into proceedings before court. There must be a balance between parties and powers of the judge. Therefore: adversarial elements may be scarified for efficiency. Mistakes can be made by courts or parties = unjust. Therefore: all jurisdictions provide for extra procedures to solve these errors remedies: - extra procedures. Variety concerns the procedure to follow (which court one has to apply to, time limit, standards to be applied by the court, ) appeal: 1. revisio prioris instantiae: review of the first instance decision. 2. novum iudicium: full/new appeal of everything the parties have submitted.
