1、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
2、 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 prohibitin
3、g conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a processa means of pulling together societys needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the d
4、evelopment 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 re
5、quirements 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
6、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 s
7、tatues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.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 c
8、ontribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.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 Enlighten
9、ment.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 judgme
10、nts 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
11、for injunctions before the 20th century?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, w
12、hereas 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 coun
13、tries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are
14、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 pr
15、eliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please give examples.No. For examples, a man who sits on the highest court of New Jersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on app
copyright@ 2008-2022 冰豆网网站版权所有
经营许可证编号:鄂ICP备2022015515号-1