首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
In a very bread sense, legislation plays the same role in France as judicial decisions play in common law countries. Legislative
In a very bread sense, legislation plays the same role in France as judicial decisions play in common law countries. Legislative
admin
2010-01-10
48
问题
In a very bread sense, legislation plays the same role in France as judicial decisions play in common law countries. Legislative rules provide the starting point from which lawyers and judges work toward their goal, the most just solution for the problem at hand. Usually the statute provides a clear answer to the problem. In those cases, the statute is strictly applied, more because it is just than because it is a statute. Because of this it often appears that legislation is the law and that the judge’s role is simply to apply automatically the ready-made solutions provided by the legislature. Nevertheless, there are a greatly many cases where the judge’s role is far from creative. The legislature sometimes deliberately speaks in very general terms; it has said that divorce can be obtained where there are serious grounds; contracts must be performed in good faith; a person must repair the damage caused another by his fault; the penalty for a crime can be reduced if there are extenuating circumstances; an act of a government official is invalid if in excess of his powers. The legislature, however, has not defined serious grounds or fault, nor explained what is required by good faith or what constitutes extenuating circum-stances. Of course, statutory law is being applied in all of these cases, but it is essential to recognize that the statute takes on real meaning only as the courts interpret it. The way in which the U. S. Supreme Court interprets the U.S. Constitution can give a common law lawyer an idea of how French courts interpret the legislation from which they work.
When French lawyers and judges strictly apply a statute, it is usually because ________.
选项
A、it provides a just solution to a problem
B、statutes are laws, and must be obeyed
C、the judge’s role is always simply to apply automatically the ready-made solutions provided by the legislature
D、the role of the French judiciary is never really creative
答案
A
解析
根据第一段第四句,“In those cases,the statute is strictly applied,more because it is just than because it is a statute(在那些案例中,法规得到了严格遵守,不仅因为它是法规,更因为它是公正的。)”因此A为正确选项。
转载请注明原文地址:https://kaotiyun.com/show/5g6K777K
0
专业英语四级
相关试题推荐
LotteriesarequitepopularinChinaandalsoinmanyothercountries.Somepeoplearguethatlotteriesareaformofgambling,
IntherapidprocessofurbanizationinChina,manyculturalrelicshavebeentorndowntomakeroomforhigh-risebuildings.So
A、Becausetheyarelesslikelytosuffermemoryloss.B、Becausetheytendtobemorediligentlanguagelearners.C、Becausethey
CharacteristicsofAmericanCultureI.PunctualityA.Goingtothetheater:be【T1】________twentyminutesprior
Tomanyweb-buildingspiders,mostof【C1】______arenearlyblind,thewebistheiressentialwindow【C2】______theworld.,their
Tomanyweb-buildingspiders,mostof【C1】______arenearlyblind,thewebistheiressentialwindow【C2】______theworld.,their
NativeAmericansprobablyarrivedfromAsiainsuccessivewavesoverseveralmillennia,crossingaplainhundredsmileswidetha
Tasteissuchasubjectivematterthatwedon’tusuallyconductpreferencetestsforfood.Themostyoucansayaboutanyone’s
Whatpercentageoftheworld’sknownpetroleumreservesdoesKuwaithave?
随机试题
证书库中存放了()
下列选项中,属于财产和行为税的是()
Testing:IsittheOnlyWaytoEvaluateStudents?Abouttenpercentof【C1】________(spend)onprimaryandsecondaryeducationi
A.青霉素B.万古霉素C.红霉素D.阿米卡星
某新建项目生产一种通信产品,根据市场预测,估计该产品每部售价为500元,已知单位产品变动成本为350元,年固定成本为150万元,则该项目的盈亏平衡产量为( )部/年。
如图一,该作品是()
下列各种个别差异中,属于认知方式差异的是
在黑盒测试方法中,设计测试用例的根据是
A、Shemusttakeonemoremathclassinordertograduate.B、Shetookalotofmathclassesinhighschool.C、Shedidn’thaveto
A、Herdoctortoldherthatshehadgottendepression.B、Shelostherfavoritephone.C、Nooneknowswheresheisnow.D、Shehas
最新回复
(
0
)