Introduction to Commercial Dispute Resolution under United States Law

Introduction to Commercial Dispute Resolution under United States Law

Kazan State University, Faculty of Law

September-October 2013

Case 1: Designing a legal system for the new Federation of Novomumbali

Your role:

You are a young lawyer, active in the Anglo-Russian Bar Association (Англо-российская юридическая ассоциация).

You have been invited to participate in an international committee, organized by the United Nations to provide advice to the government of the new Federation of Novomumbali (Новомумбалийская федерация).

Situation:

Novomumbali (Новомумбали) is located in West Africa. It has recently elected a parliament, in its first democratic election after 10 years of bloody civil war.

The new parliament has begun to write a constitution. The first draft of the constitution includes provisions adopted from the constitutions of France, the United States and the Russian Federation.

The new prime minister, General Kasava, has asked your committee for guidance on whether the judiciary and court system of Novomumbali should be modeled after the civil law tradition or the common law tradition.

Because of your distinguished academic record, the U.N. delegation has assigned you to advise General Kasava regarding the legal system.

QUESTIONS:

Should Novomumbali adopt a civil law system or a common law system?

Provide one or two reasons for your advice.

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