法律英语课后问答题第一单元
1． How was the common law established?
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答：The common law tradition originated in england, when william conquered england. He did not
abolish the local law and the local court,Besides that, he established roaly courts,who decisions
developed common law. The main tradition of common law is stare decisis. Commom law
spreaded all over the world ,following the english's coloney. After the world war two ,the
hegemomy of the US also contributed the expansion of the common law. In today's world
common law exisits in Englao and US ,Austrilia Canada, Hk ,etc.
2. what does the common law tradition include？
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答：The main traditional source of the common law is ca, not legislation. When the common law
evolved into an unfair t of rigid and formal procedural rules. The king created a new court
rather than to amend the law. However there were so many petitions that the court of Chancery , 高三复读补习学校
which could grant a discretionary relief to correct the common law. The decision of this court gave
birth to a body of equlity. Both law and equlity are part of the tradition of common law.
3. how does the cilvil law estalished ?
答：家庭幸福The origins of the civil law can be traced to Twelve T ables of the Republic of Rome, the law
of the city of Rome. After the fall of the western Rome Empire, the so –called barbarians brought
their law to Rome., which trigged the process of the vulgraized Rome law. In this time, only canon
law kept intact many elements of the Rome law. Howerve , in 529-534year, the eastern Rome
th century, the university of Empreor Justinian published the corpus Juris Civilis. At the end of 17Bologna started to teaching Roman law., more spcifically the corpus Juris Civilis. Many other
universities followed. The French and German codes are two main civil law models.
4.Legal methods in two system ?
答：As to the students, in common law, rinc method class start with the study of the ca,
becau that cas are considered to be the primary source of the law. In civil law, things are
diffrernt, cas are not as important as that in common law. Therefore ,the study mainly is the
legislation.
As to the jurists, in common law rinciple on, the court has a rincipl to interpret legislation
more strictly. Legislation are considered to be an exception to the ca law. Both of them will not
tend to u abstract trems or to enunciate general rinciple.
5. How is the ca law created ?
答：The decision of judges ,or of other officials empowered by the constitution or laws of a
political entitiy to hear or decide controversies, creat ca law, which is generated by a particular
decision, or a collection of the particular decision
6. What does a particular decision mean to the parties ? to a lawsuit ? to the lawyers ，judges, and the law studdents ?
天道剧情介绍答：To the parties to lawsuit, a particular decision is the udges te outcome. The result the
tribunal reaches in their cas. To the lawyes, udges and the law students, it means a possible
source of general applicable ca law. In other word, it becames authority for deterring the
following controversies.
7.According to the prof. Liwellyn , what creat a legal system of the precendent? When and
why?
Ca law in some form and to some extend is found wherever there is law. A more rial of
答：
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individual ca do not of cour constitutes a system of law. But in any judicial system, rules of
law aris sooner or later out of such decision of cas. Generalization contained in or built upon
past decisions, when taken as normatives for future disputes, creat a legal system of precedent.
8. What might happened if a court follows the precedent mechancially ?
答：At time ,it will perpetuate legal rules and concepts that have outlived their ufulness and
maintain an acceptable accommodation of competing values of stabilty in a law.
9．What is the problem remaining in the legal system recognizaing put decisions as
authortitative sources of law for future cas?
A:
10.Explain two latin trems :stare decisis and res judicates?
答：Stare decisis , for the impact of the decision as precedent.
Res judicates ,for its effect as a resolution of the immediate ontroversy
11. What doctrine bars a person from suing on the same claim?
玛丽居里的简介答： Res judicate
幸福树12.Can you explain the difference between the binding precedents and persuasive
