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
23
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:https://tihaiku.com/zcyy/3165214.html
相关试题推荐
SheisgoingtoFranceonaspecial______foroneofthemajordailynewspapers
IfyouhavereallybeenlivinginFranceforsomanyyears,it’sabouttimeyou
Howmanypartnersarethereinthisproject?[br][originaltext]Francehas
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
Accordingtothenews,Francewasstronglycriticizedfor______.[originaltext]
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
IhaveneverbeentoFrance,butthatisthecountry______.A、whereIliketovi
Accordingtothenews,Francewasstronglycriticizedfor______[originaltext]
随机试题
Hewasawakenedby_____knockingonthewindow.A、someone’sB、someoneC、mineD、him
[originaltext]W:CanIturninthereportnextMonday?M:I’mafraidnot.Satur
【B1】[br]【B2】[originaltext]Itisnoteasytotalkabouttheroleofthem
[originaltext]M:Andnow,Mrs.Smith,canyoutelluswhathappenedatyourapa
片剂制粒的主要目的是A.改善原辅料的可压性 B.更加美观 C.提高生产效率
A.药品说明书B.注射剂和非处方药说明书C.药品说明书的专业术语D.药品不良反应
枳实治胸痹证常配()。A.桂枝、青皮B.桂枝、干姜C.附子、薤白D.桂枝、薤白
正常人瞳孔直径为()。A.1~2mm B.2~3mm C.3~4mm D.
甲将其位于某住宅楼顶层的一套住房出租给乙,租期2年,月租金9000元,但未约定租
关于职业健康与安全管理体系内部审核的说法,正确的是()。 A.内部审
最新回复
(
0
)