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- 19
- 主题
- 20
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- 2016-4-15
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F4 商法和经济法
一. Law and legal system
1. Law is a formal mechanism of social control;
2. The distinction between criminal liability and civil liability is central to the English legal system;
3. In criminal cases, the state prosecutes the wrongdoer;
4. Civil law exists to regulate disputes over the rights and obligations of persons dealing with each other and seeks to compensate injured parties;
5. The civil court structure comprises the following: Magistrates’ Court, County Courts, The Crown Court, The High Court, The Court of Appeal, The Supreme Court;
6. The criminal court structure comprises the following: Magistrates’ Court, County Courts, The Divisional Court of QBD, The Court of Appeal, The Supreme Court;
二. Source of law
1. The first legal source of law, consisting of decisions made in the courts, is case law, which is judge-made law based on the underlying principle of consistency. Once a legal principal is decided by an appropriate court it is a judicial precedent;
2. Statements made by judges can be classified as ratio decidendi or obiter dicta;
3. The second major source of law is legislation. This is also known as statute law and may take the form of Acts of Parliament or delegated legislation under the Acts;
4. Legislation must be interpreted correctly before judges can apply it fairly. The literal, golden and mischief rules and interpretation developed over time. Nowadays a purposive approach is taken;
5. The Human Rights Act 1998 is a key example of the influence of International law in the UK;
6. The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK domestic law;
7. The impact of the legislation is pervasive in many areas of UK law;
8. The Act has had an impact on new legislation, statutory interpretation and the common law. |
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发表于 2016-4-18 19:44
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