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 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