Barristers might handle several minor court cases on

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Barristers might handle several minor court cases on the same day. In important cases, the solicitor will appear with a barrister in court, but will only assist the barrister and not actually argue the case before the judge or jury. It is the solicitor who is responsible for the payment of the barrister's fees and also the payment of fees to the court and other organisations for the lodgement of documents etc. This is why a solicitor will usually ask his or her client for some money on account of costs when he or she undertakes a case. (L. Griffiths, G..Heilbronn, D. Kovacs, P. Latimer, T. Pagone, R. Tucker, Introducing the Law, CCH, 4th ed., 1993, pp. 315-316) 21
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY Module 1 - Unit 2 Major Legal Systems of the World and Their Litigation Procedure Objectives: By the end of this unit, you should be able to: Identify the major legal families of the world, name the countries, which belong to these legal families, describe the essential characteristics of these legal families and explain the differences between the adversarial and inquisitorial approaches to legal disputes. Structure: 2.1 INTRODUCTION AND OVERVIEW 2.2 THE CIVIL LAW FAMILY 2.3.1 The Roman Law Countries 2.3.2 The Germanic Law Countries 2.3 THE COMMON LAW FAMILY 2.3.1 The Anglo-American Legal System 2.3.2 The Law of England 2.3.3 The Law of the United States of America 2.3.4 The Law of Australia 2.3.5 The Law of Canada 2.3 DIFFERENCES BETWEEN THE CIVIL AND COMMON LAW FAMILIES 2.5 OTHER LEGAL SYSTEMS 2.5.1 The Laws of the Socialist States 2.5.2 The Laws of the People's Republic of China 2.6 MAIN APPROACHES TO LITIGATION PROCEDURE 2.6.1 The Adversarial and Inquisitorial Approaches Compared 22
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY 2.1 Introduction and Overview This part of the course notes will provide you with a basic introduction to the major legal systems of the world. Although there are a number of different legal systems, for the purposes of this course the two main legal families will be emphasised (the Civil law system that applies in Continental Europe and the former European colonies) and the Common Law system that applies in the United Kingdom and in the former British colonies). These two systems are particularly important because together, they underpin most if not all of the international legal structures (such as the United Nations, the World Trade Organisation, the International Chamber of Commerce), which influenced the development of the various rules and principles under which international business is conducted. The influence of both the Civil Law and the Common Law can be traced to two causes: the colonial influences that affected many parts of Africa and Asia, and; the fact that a number of lesser developed nations voluntarily adopted many of the concepts as they industrialised and sought to catch up to the more developed, industrialised nations.
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