Legal Institutions and Processes
Core concepts
Know the court hierarchy: local/magistrates courts, district/county courts, supreme courts (trial and appellate divisions), and the High Court, plus specialist tribunals. Understand original and appellate jurisdiction, and how the hierarchy enables appeals and consistent precedent. Learn the adversary system, the role of the judge as impartial umpire, the burden and standard of proof, and the distinction between civil (balance of probabilities) and criminal (beyond reasonable doubt) standards.
Understand the court personnel: judge or magistrate, jury, legal representatives, and the role of the jury in criminal trials (unanimous verdicts generally required, with limited exceptions for majority verdicts in some jurisdictions). Know alternative dispute resolution: negotiation, mediation, conciliation, arbitration, and their comparative advantages (cost, time, confidentiality, control) and disadvantages (no enforceable determination except arbitration awards).
Traps
Do not say tribunals are courts; they are generally less formal and may have limited jurisdiction. Do not confuse the burden of proof (who must prove) with the standard (to what degree). Avoid claiming juries decide sentencing. Do not state that mediation produces a binding outcome.
Worked example
A civil dispute over a $40,000 debt: the plaintiff bears the burden and must prove the claim on the balance of probabilities. If the parties mediate and settle, the agreement is a contract; if they arbitrate, the award is enforceable. Rule of thumb: identify the forum, the burden, the standard, and the outcome's enforceability.
Access to justice
Consider legal aid, pro bono representation, court delays and costs as barriers, and how ADR improves access.