法律英语试卷(共7页).doc
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1、精选优质文档-倾情为你奉上1. To discuss the differences between the civil law system and the common law system. The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. The main traditional source of the common law is cases, while the ma
2、in traditional source of the civil law is legislation. The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. The classification of law is different. The civil law is separated into public law and private law, the common law is sep
3、arated into common law and equity. Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judges decision is more important. The civil procedure is Adversa
4、ry system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system(纠问式诉讼), in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teac
5、hing. Law is an undergraduate degree in the china, while in the us is postgraduate degree. The teaching methodIn USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class.In China, the professor exposes the law to his students, wh
6、o take notes and do not intervene in class. Cases vs. DoctrinesIn the USA, students textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two co
7、urt systems in the U.S. each state has its own system of courts, one for the District of Columbia and a federal system. In the state court systems, court structures vary from state to state. But they all exhibit a hierarchical structure; decisions of lower courts may be reviewed by higher courts. A
8、state system includes:1) Trial courts of inferior jurisdiction 2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money and minor violations of the criminal law. While the trial courts of general juris
9、diction can hear all kinds of cases. Every case should first be heard at the trial court. Then it can be appealed to the appellate court. Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts: (1) U.S. district courts (2) U.S. court
10、s of appeals (3) the United States Supreme Court. Not like the other courts in federal systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to
11、 institute a legal proceeding in a specific way. Next, it makes justice understand the whole case easily. It is convenient for the parties take part in the litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law. it can ensure the
12、consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generally binding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by the ranking of court that decided it. Once a prior decision has
13、 been overruled, it continues to bind the particular parties; it is no longer authoritative to the subsequent cases.a court is not bound to follow another states precedents, but it will consider the outstate decisions and, if their reasoning is persuasive, it can make use of them. 6. To discuss the
14、significance of case Marbury vs. Madison. it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to the plaintiff Marbury because it did not has the jurisdiction of t
15、he case. This satisfied the immediate concerns of the Republicans and sidestepped the controversy, but the great significance of the case lay in the Courts assumption that it has the final authority to determine whether any act is constitutional., thus, profoundly enhancing the Courts authority.the
16、case was the first strong pronouncement of the principle of judicial review, which is the power of the Court to examine legislation and other acts of Congress. In a word, the case established the principle of judicial review , which has been a permanent and indispensable feature of United States con
17、stitutional system. So the constitutional scholars, by consensus, regard the case as the most important case the Supreme Court ever has decided.7. The main differences between substantive law and procedural law.Procedural law define the form and method by which legal rights are enforced. While subst
18、antive law define the legal rights themselves. The differences are as follows: They contain different rules and substances. Substantive law provides for the rules about duties or rights. While procedural law sets rules about form or method. Although “pure” substantive rules and “pure” procedural rul
19、es exist, many rules are a mixture of both substance and procedure. Some rules seem to be procedural are adopted for substantive reasons; likewise, some rules seem to be substantive are adopted for procedural reasons. procedural law generally have more efficiency considerations.8. Whether the death
20、penalty should be abolished in America. The Court points out that the use of the death penalty has a long history of acceptance both in the US and in England , and it is apparent from the Constitution that the existence of capital punishment was accepted by the Framers. In the mean time we should as
21、sure that death penalty will not be wantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes (ii) as a deterrent to others;(iii) to prevent the criminal from re-offending; (iv) its cheaper than keeping people in prison. It is not humanitaria
22、n .Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right; (v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong .9. To discuss the importance of Miranda warning Miranda warning is a warning that is required to be gi
23、ven by police in the United States to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights It includes theright toremain silent; being clearly informed of that anything the person says will be used against that person incourt; the right to
24、 consult with anattorneyand to have that attorney present during questioning, if he or she isindigent, an attorney will be provided at no cost to represent her or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminal investigation. Those rights are mainly from th
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