Foundations of Litigation and Legal Systems
TL;DR
Civil litigation is how disputes get resolved in court, focusing on private rights and remedies rather than criminal punishment. You'll learn the structure of legal systems, key legal principles, and the initial steps involved in bringing a case. Understanding these foundations is crucial for navigating the practicalities of any legal dispute.
1. The Mental Model
Think of civil litigation as a structured game with agreed-upon rules and specific players aimed at resolving disagreements peacefully. The "rules" are laws and procedures, and the "players" are individuals or organizations, guided by legal professionals, within a court system.
2. The Core Material
Civil litigation deals with disputes between individuals, corporations, or governments where one party seeks to enforce a right or obtain compensation from another. It's different from criminal law, which aims to punish public wrongs.
2.1 Sources of Law
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You'll encounter two main types of law that govern litigation:
- Statutory Law: These are written laws passed by legislative bodies (like Parliament or Congress). Think of acts, statutes, or codes. They are often very specific.
- Common Law (Case Law): This is law developed by judges through court decisions. When judges decide a case, their ruling creates a precedent that lower courts must follow in similar future cases. This is known as stare decisis (to stand by things decided).
2.2 Legal Systems: Adversarial vs. Inquisitorial
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Most common law countries, like the UK, US, Canada, and Australia, use an adversarial system. This means:
- Two opposing parties presen