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1、法律英语课后习题大全重点的课文：(1AB 2A 3B 4A 5B 6B) Unit1A 1. How was common law established? Answer: the common law tradition originated in England. a new legal order was established as early as 1066 by the Norman conquest, but the common law did not exist in 1066.William the conqueror did not abolish the local c
2、ustoms and the local courts. Local courts continued to apply local customs. There was no law common to the whole kingdom. The king did however establish some royal courts at Westminster. Their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell int
3、o disuse. The decisions of the royal courts became the law common to the whole kingdom, the common law. 1.What does the common law tradition include according to the text? Answer: according to the text, the common law tradition includes law and equity. 2.How different is the legal system of Louisian
4、a from the rest of the United States? Answer: the common law was received in many countries such as United States, but the Louisiana excepted, because where the civil law was in place before the United States gained jurisdiction. 4What does “civil law ”mean? Answer: The expression “civil law ”,in La
5、tin jus civilis, literally means the law of the citizens of Rome. It is the law of the city of Rome, the law applied to a citizen (in Latin, civis) of Rome as opposed to the law applied to a non-citizen. 5.What is the main difference between the civil law system and common law system? Answer: First
6、and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law-at least in theory. Civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictions legi
7、slation tends to be considered as an exception to the case law. 6.What different attitudes do the civil law system and the common law system hold towards case law? Answer: Cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simp
8、ly not a source of law-at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly. 7.What is significant about the American legal education? How is law school teaching differe
9、nt from ours? Answer: American legal education is very original and in many respects unique. Legal education tends to be longer than other common law countries; law is a postgraduate degree in the U.S. The teaching style is magisterial-the professor exposes the law to his or her students, who take n
10、otes and do not intervene in class. 8. Is law degree an undergraduate degree in the U.S.? How do people get a law degree in the U.S.? Answer: no, the law degree is a master degree in the U.S., the students must have at least a bachelors degree in some area of study, and then to study the law and get
11、 the law degree. 9. Can you compare the legal method employed in the American legal education and the legal method used in other countries? Answer: American legal education is a very original and in many respects unique. The case method or Socratic method is peculiar to this country .it must be clea
12、r to you by now that the case method could not have been thought of in a civil law country. In those countries (as in the case in England) law is an undergraduate degree. Legal education tends to be longer than in the United States. The teaching style is magisterial-the professor exposes the law to
13、his or her students, who take notes and do not intervene in class. 10. Who play an important role in defining the law in civil law system, law professors or judges? What about the common law system? Answer: law professors, because Civil law students will read law doctrine more than cases. The doctri
14、ne is the cumulated writings of law professors on what the law is or should be. In civil law the doctrine is considered to be a source of law and a highly respected one. You have to remember that the university, not the courts, reintroduced the civil law in Continental Europe. It is therefore not su
15、rprising that law professors still have an import role in defining the law. Common law professors generally do not enjoy a similar prestige within their own jurisdiction. Here the judges get most of the prestige. Unit 1 B 1. How is case law created? The decisions of judges, or of other officials emp
16、owered by the constitution or laws of a political entity to hear and decide controversies, create case law. 2. What dose a particular decision mean to the parties to a lawsuit? To the lawyers, judges, and law students? 1) From the point of view of parties to a lawsuit or other contested controversy,
17、 what matters is the immediate outcome, the result the tribunal reaches in their case. It means wether the aggrieved party or damaged party will obtain a remedy. 2) In the view of judges, lawyers and law students, however, the decision takes on broader perspective. The decision becomes a possible so
18、urce of general applicable case law. 3. According to Professor Llwellyn, what creates a legal system of precedent? Why and when? 1) Those generalizations contained in, or built upon, past decisions create a legal system of precedent. 2) Because as rules of action arise out of the solution of particu
19、lar problems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized. 3) When those generalizations are taken as normative for future dispute, a legal system of precedent created. 4. W
20、hat might happen if a court follows the precedents mechanically? A court that follows precedent mechanically or too strictly will at times perpetuate legal rules and concepts 5. What is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future ca
21、ses? The continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases is how to maintain an acceptable accommodation of the competing values of stability in a law, served by adherence to precedent, and responsiveness to social change, which may
22、 call for the abandonment of an outworn legal doctrine. 6. Explain these two Latin terms: “stare decisis” and “res judicata”? “Stare decisis” is an important principle in common law. It reflects the effect of a final decision of an appellate as precedent, or potential precedent for future cases, and
23、 it addresses the impact on the legal norm of conduct. “res judicata” is another important principle in common law. It reflects the effect of a final decision of an appellate as an authoritative settlement of a particular controversy then before the court. In other words, it addresses a decisions im
24、pact in the individual case. 7. What doctrine bars a person from ever suing on the same claim again? The doctrine “res judicata” bars a person from ever suing on the same claim again. 8. Why does the case law process in American courts thus have a considerable comparative-law ingredient? A judicial
25、decision is a precedent in the full sense only within the same jurisdiction. However, American appellate courts frequently cite and draw upon decisions from other jurisdictions. Such outstate decisions are not full-fledged precedents, but they are accorded the status and weight of persuasive authori
26、ty and especially in cases where there is no local precedent or the local precedents are conflicting or unclear. 9. How does a court of last resort in one state usually make use of outstate decisions? A court of last resort in one state does not consider itself bound to follow another states case la
27、w rules , but it will carefully consider the outstate decisions and ,if it finds their reasoning persuasive , make use of them as sources of guidance and justification. 10. Can you explain the difference between the binding precedents and persuasive precedents? The major difference between the bindi
28、ng precedents and persuasive precedents may be the authority to the case. The binding precedents are fully authoritative and generally binding, but persuasive precedents just persuasive authority. Because of the difference in degree of influence, persuasive precedents are not as authoritative and sh
29、ould not be assigned the same force as the binding precedents. UNIT 2A 1. What kinds of cases do the inferior courts deals with? What are some of the limits that are imposed on them? Every state has its inferior trial courts with jurisdiction limited to civil suits involving relatively small amounts
30、 of money and to minor violations of the criminal law. The civil jurisdiction of an inferior court is usually defined in terms of the amount of money in dispute: the jurisdiction of an “inferior” criminal court is likely to be defined in terms of the maximum jail sentence. 2. What kinds of cases are
31、 the trial courts of general jurisdiction empowered to try？ If a civil claim or criminal prosecution involves an amount of money, or a potential criminal sentence, beyond the jurisdiction of an “inferior” trial court , it must be filed and heard om a “trial court of general jurisdiction .” that is ,
32、 a court empowered to try all kinds of cases, without monetary or subject matter limitation. 3. What is the function of the “court of last resort” of each state? Every state has its “court of last resort，” the appellate court at the top of the judicial hierarchy and the one which determines with fin
33、ality what particular states law is and should be . The function is to review the action of the lower judicial tribunals of the state. 4. Why are appeals to the courts of last resort limited? What does the “screening out” function refer to? Answer: Because a vast increase in appellate litigation, pa
34、rticularly in the more populous states, led to hopeless congestion of the dockets of the state courts of last resort The “screening out” function refers to that intermediate appellate courts could empower to strain out and finally dispose of the bulk of appellate litigation, so that the court of the
35、 last resort can give its full attention to novel and socially important controversies. 5. What is the significance of the statute passed by the first Congress on September 24, 1789, according to the author? In the evolution of the federal judicial system, the statute was a landmark. The statute emb
36、odied the first Congresss decision on the issue whether there should be federal trial courts as well as a Supreme Court or whether the interpretation and enforcement of federal law should be left entirely to the existing state trial and appellate courts, subject to review by the Supreme Court of the
37、 United States. 6. What is the number of judges presiding over the trials in a District Court? In a District Court, trials are presided over normally by a single judge, but in a few situations, chiefly cases in which injunctions are sought on federal constitutional grounds against the enforcement of
38、 state or federal statute, three-judge court must be convened. 7. What must be the jurisdiction of a District Court based upon? What does the workload of the District Court make up? The jurisdiction of a District Court of the US must be based either on the character of the controversy (for example,
39、that it is a case “arising under this Constitution or the laws of the US”) or on the character of parties to the controversy (for example, that it is a controversy“to which the US shall be a party”or one “between citizens of different States”). Most of the cases which make up the workload of the Dis
40、trict Court are within one or another of three categories: (1) cases to which the United States is a party, which includes both civil cases and all prosecutions for violation of federal criminal statutes; (2) cases involving a “federal question, ” which means a question involving the interpretation
41、or effect of a provision of the Constitution or of a federal statute or regulation; and(3) cases involving “diversity of citizenship,” that is, suits between citizens of different states of the United States. 8. Which court has jurisdiction over “diversity of citizenship” cases, a federal court, or
42、a state court? Why? Generally speaking, a federal District Court has jurisdiction over such cases, according to Article , Section 2 of the Constitution and Judiciary Act of 1789. However, existing federal legislation impose a further limitation on District Court jurisdiction in some “federal questio
43、n” and all “diversity of citizenship” case: “the matter in controversy must exceed50,000”.Thats because the District Court will be swamped if very small matters in controversy are able to be accepted by the District Court. 9. How can people get their appeals reviewed by the U.S. Supreme Court? A dis
44、appointed litigant cannot secure Supreme Court review merely by contending that the decision handed down against him was wrong. He must first persuade the Supreme Court that the issue presented by his case is important enough, as issues of general law, to justify Supreme Court consideration. Second,
45、 almost all the reviewing of judgments of federal and state appellate courts are secured by a petition for “a writ of certiorari”. 10. What is the policy underlying the discretionary nature of the Supreme Court appellate jurisdiction? The policy is, if appeal to the SC were available in all cases, t
46、he C would be swamped with ordinary appeals and unable to give full and deliberate consideration to the great cases it must decide. Unit3 B 1. Who has the authority to determine how the constitution is interpreted and applied to a particular case? Among those who are entitled to such authority; whic
47、h one has the final say? The Court has the final say on what the Constitution means and how it applies in a particular case, every court, federal and state, has the responsibility and the authority to render decisions on constitutional issues, but all of those other decisions can ultimately be revie
48、wed by the U.S. Supreme Court. 2. Does the Constitution vest judicial review on the Supreme Court? How to interpret Article of the Constitution? The power of judicial review is not given to the Supreme Court in the Constitution itself .Although Article states that “The judicial power of the United S
49、tates , shall be vested in one Supreme Court , and in such inferior courts as the Congress may from time to time ordain and establish, ” and it extends that power to “all cases , in Law and Equity , arising under this Constitution” and to other categories .But the “Supreme ”means only “highest,” designating a place in the hierarchy but not the courts authority . The power to hea
