首页
登录
职称英语
In a very broad sense, legislation plays the same role in France as judicia
In a very broad sense, legislation plays the same role in France as judicia
游客
2024-09-29
36
管理
问题
In a very broad 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 circumstances. 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. [br] The statute that says that contracts must be performed in good faith is an example of ______.
选项
A、ready-made solutions provided by the legislature
B、the legislature’s deliberate attempt to speak in general terms
C、a case where the judge’s role is far from creative
D、a case where the statute applies a clear answer to the problem
答案
B
解析
文中指出有些立法故意使用非常抽象的词汇;并以合同的签署必须以真诚作为例证。
转载请注明原文地址:http://tihaiku.com/zcyy/3779778.html
相关试题推荐
SheisgoingtoFranceonaspecial______foroneofthemajordailynewspapers
Momenjoyedherselfsomuch______shewasonvacationinFrancewithdadlasty
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
Accordingtothenews,Francewasstronglycriticizedfor______.[originaltext]
ThelegislationdoesNOTaimat______.[originaltext]TheDemocratic-ledSe
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
IhaveneverbeentoFrance,butthatisthecountry______.A、whereIliketovi
Accordingtothenews,Francewasstronglycriticizedfor______[originaltext]
GeneralWolfediedinA、England.B、France.C、Canada.D、America.C细节题。文中提到Wolfe将军
随机试题
A—WorkexperienceJ—SickleaveB—Permanentaddress
IsHeadphoneGoodforWork?A)MarissaYuworksinabusyoff
Thissummer,studentdebtreachedarecord$1.5trillionintheUnitedStates
下列属于按照防火分区建筑面积划分的飞机库类型的是()。A.Ⅰ类飞机库
患儿7个月,腹泻,排黄绿色稀水样便。为预防脱水给予口服补液盐,最适合的张力是A.
刚工作时,我在一家高职院校当老师,除了一周上满20节课,还要当辅导员。由于生源质
企业高层组织中形成权力制衡机制,设立专门的监督机构,有公司中的股东大会和( )
船舶建造保险的工期保险费的计算公式是()。A.保险费=保额×(基本费率+建造月
可用于预应力混凝土的钢筋有()。A.HRB500 B.HRB400 C
关于钢筋混凝土基础的说法,错误的是()。A.钢筋混凝土基础下面设有素混凝土
最新回复
(
0
)