法律英语 沙丽金版 阅读文本问题答案

Law

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

The fairness of a nation’s laws and the extent to which the l egal system justly administers the laws is a measure of the enlightenment, humanity, and d egree of civilization of its peopl e.

2.What’s law?

Law consists of the whol e body of rul es applied and enforced und er the authority of established government in d etermining what conduct is proper and shoul d be permitted and that which should be d enied or penalized.

3.Can you list the rol es of law in society?

Without law, there woul d be anarchy. Law is the means through which society is abl e to exist by providing protection for the individual; by establishing and maintaining ord er, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and fl exibility in economic relations between peopl e; and by prohibiting conduct d estructive to society.

4. How can law be best und erstood?

Law is best und erstood by viewing the l egal system as a process——a means of pulling together society’s needs and goals and translating them into guid es for fairness and reasonabl eness in conduct.

5. What are the events that promote the d evelopment of the English l egal system? Norman Conquest. William replaced the l ocal and highly varied systems of law with a common system of law.

6. Why did the peopl e in England petition to the King and what woul d be the result?

Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, peopl e were sometimes unabl e to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inad equate petitioned to the King directly.

This practice gave rise to a second court system, call ed 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 d eveloped fast in North America? Why?

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

10. Who has the power to make the ordinances?

The l egislative 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 cod es after the enthronement

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

Local customs

4.Why was the concept of codification d evel oped in the 17th and 18th centuries?

As an expression of both Natural Law and the id eas of the Enlightenment.

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

Its opponents claimed that codification woul d result into the ossification of law.

6.What is the main feature of common law?

Its inclusion of extensive non-statutory law reflecting preced ent d erived from centuries of judgments by working jurists.

7.What is the difference between statutes and regulations?

Statues are enacted by a l egislature, whil e regulations are promulgated by executive branch agencies pursuant to a d elegation of rul e-making authority from a legislature.

8.Where shoul d peopl e go if they wanted to apply for injunctions before the 20th

century? Why?

Courts of equity. Only courts of equity have the authority to d o 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 sel ected from accomplished and reputabl e advocates.