法律英语课后问答题

法律英语课后问答题

第一单元

1．How was the common law established?

答：The common law tradition originated in england, when william conquered england. He did not abolish the local law and the local court,Besides that, he established roaly courts,whose decisions developed common law. The main tradition of common law is stare decisis. Commom law spreaded all over the world ,following the english’s coloney. After the world war two ,the hegemomy of the US also contributed the expansion of the common law. In today’s world common law exisits in Englao and US ,Austrilia Canada, Hk ,etc.

2. what does the common law tradition include？

答：The main traditional source of the common law is case, not legislation. When the common law evolved into an unfair set of rigid and formal procedural rules. The king created a new court rather than to amend the law. However there were so many petitions that the court of Chancery , which could grant a discretionary relief to correct the common law. The decision of this court gave birth to a body of equlity. Both law and equlity are part of the tradition of common law.

3. how does the cilvil law estalished ?

答：The origins of the civil law can be traced to Twelve T ables of the Republic of Rome, the law of the city of Rome. After the fall of the western Rome Empire, the so –called barbarians brought their law to Rome., which trigged the process of the vulgraized Rome law. In this time, only canon law kept intact many elements of the Rome law. Howerve , in 529-534year, the eastern Rome Empreor Justinian published the corpus Juris Civilis. At the end of 17th century, the university of Bologna started to teaching Roman law., more spcifically the corpus Juris Civilis. Many other universities followed. The French and German codes are two main civil law models.

4.Legal methods in two system ?

答：As to the students, in common law, rinc method classes start with the study of the case, because that cases are considered to be the primary source of the law. In civil law, things are diffrernt, cases are not as important as that in common law. Therefore ,the study mainly is the legislation.

As to the jurists, in common law rinciple on, the court has a rincipl to interpret legislation more strictly. Legislation are considered to be an exception to the case law. Both of them will not tend to use abstract trems or to enunciate general rinciple.

5. How is the case law created ?

答：The decision of judges ,or of other officials empowered by the constitution or laws of a political entitiy to hear or decide controversies, creat case law, which is generated by a particular decision, or a collection of the particular decision

6. What does a particular decision mean to the parties ? to a lawsuit ? to the lawyers ，judges, and the law studdents ?

答：To the parties to lawsuit, a particular decision is the udges te outcome. The result the tribunal reaches in their cases. To the lawyes, udges and the law students, it means a possible source of general applicable case law. In other word, it becames authority for deterring the following controversies.

7.According to the prof. Liwellyn , what creat a legal system of the precendent? When and why?

答：Case law in some form and to some extend is found wherever there is law. A more serial of