法律英语-沙丽金版-阅读文本问题标准答案

Law

1.What’s the relationship between civilization and law?

The fairness of a nation’s laws and the extent to which the legal system justly

administers the laws is a measure of the enlightenment, humanity, and degree of

civilization of its people.

2.What’s law?

Law consists of the whole body of rules applied and enforced under the authority

of established government in determining what conduct is proper and should be

permitted and that which should be denied or penalized.

3.Can you list the roles of law in society?

Without law, there would be anarchy. Law is the means through which society is

able to exist by providing protection for the individual; by establishing and

maintaining order, health, and safety; by providing a peaceful means of dispute

resolution; by providing stability and flexibility in economic relations between

people; and by prohibiting conduct destructive to society.

4. How can law be best understood?

Law is best understood by viewing the legal system as a process——a means of

pulling together society’s needs and goals and translating them into guides for

fairness and reasonableness in conduct.

5. What are the events that promote the development of the English legal system?

Norman Conquest. William replaced the local and highly varied systems of law

with a common system of law.

6. Why did the people in England petition to the King and what would be the

result?

Because of the extremely rigid, frequently overly technical procedural

requirements of the common-law system, people were sometimes unable to

obtain fair relief in the courts. In time, some persons who felt that the form of

relief was inadequate petitioned to the King directly.

This practice gave rise to a second court system, called the Court of Chancery.

7. What was the situation of equity courts in North America?

American court systems in the nineteenth century resulted in simplification of

judicial procedures and elimination of equity courts as separate courts in most

states. 8.Was the statutes developed fast in North America? Why?

9. What are the disadvantages of statues and the advantages of the common law

rules?

10. Who has the power to make the ordinances?

The legislative body of a municipal corporation

Legal System

1. What is the relationship between the civil law system and Roman Law?

The civil law is based on Roman Law.

2. Who is the Justinian and what is his contribution?

Byzantium Emperor. Compiling codes after the enthronement

3. Which is the primary source of law in Europe, Roman Law or local laws?

Local customs

4. Why was the concept of codification developed in the 17th and 18th centuries?

As an expression of both Natural Law and the ideas of the Enlightenment.

5. What did the opponents of codification think about codification of law?

Its opponents claimed that codification would result into the ossification of

law.

6. What is the main feature of common law?

Its inclusion of extensive non-statutory law reflecting precedent derived from

centuries of judgments by working jurists.

7. What is the difference between statutes and regulations?

Statues are enacted by a legislature, while regulations are promulgated by

executive branch agencies pursuant to a delegation of rule-making authority

from a legislature.

8. Where should people go if they wanted to apply for injunctions before the

20th century? Why?

Courts of equity. Only courts of equity have the authority to do it.

9. What is the difference between the selections of judges in civil law countries

and that in common law countries?

Civil law judges are usually trained and promoted separately from advocates,

whereas common law judges are usually selected from accomplished and

reputable advocates. 10. What are the differences in the criminal procedures of the two major legal

systems?

In general, the judge in a civil law system plays a more active role in

determining the facts of the case. Most civil law countries investigate major

crimes using a so-called inquisitorial system. Also, civil law systems rely

much more on written argument than oral argument.

Court System

1. What is the main characteristic of the court system of the United States?

Courts are operated in both state and federal governments.

2. Are there any uniform rules for creating state courts?

No. but it has a general pattern.

3. What are the functions of the inferior courts at the bottom of the state judicial

hierarchy?

Trying minor civil cases involving small sums of money, and minor criminal

cases involving light penalties and conducing preliminary hearings in the

more serious criminal cases.

4. Do all states have the same terminology for courts and judges? Please give