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
2023-11-07
41
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] 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://tihaiku.com/zcyy/3165213.html
相关试题推荐
SheisgoingtoFranceonaspecial______foroneofthemajordailynewspapers
IfyouhavereallybeenlivinginFranceforsomanyyears,it’sabouttimeyou
______policymakersstruggletodefineandimplementappropriatelegislation,d
Accordingtothenews,Francewasstronglycriticizedfor______.[originaltext]
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
IhaveneverbeentoFrance,butthatisthecountry______.A、whereIliketovi
Accordingtothenews,Francewasstronglycriticizedfor______[originaltext]
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
随机试题
Whenherealizedthetruenatureoftheproposal,he______allcommunicationwi
Language,culture,andpersonalitymaybeconsidered______ofeachotherintho
Thewinnersofthereportedelectionsare______.[br][originaltext]Thecomb
Therailwaystationwascriticizedforitslackofdisabled______.A、equipmentB、
进一步深化文化体制改革,坚持放在首位的是()。A.全民族文化创造活力 B.社
设备工程监理的特点不包括()。A.时空跨度大 B.设备工程中涉外贸易量大
分包合同价款的支付形式必须采用()形式办理。A.现金 B.银行转账 C.支
良好行为记录信息公布期限一般为()。A、6个月 B、1年 C、2年 D、3
医务人员"让我看病就要听我的"的行医作风,违背了临床诊治工作的基本原则是A.及时
(2020年真题)2018年6月1日刘某到甲公司上班。2019年6月1日,甲公司
最新回复
(
0
)