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
22
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] Many statutes which are stated in very general terms ______.
选项
A、are strictly applied
B、make the job of the lawyer and the judge very simple
C、carefully define every aspect of those terms
D、take on real meaning only as the courts interpret them
答案
D
解析
根据原文,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.该句中these cases即指那些阐述抽象的法规。因此D为正确选项。
转载请注明原文地址:https://tihaiku.com/zcyy/3165216.html
相关试题推荐
StrikesanddemonstrationsinGermany,BritainandFrancehelpedtomakethe
StrikesanddemonstrationsinGermany,BritainandFrancehelpedtomakethe
StrikesanddemonstrationsinGermany,BritainandFrancehelpedtomakethe
Momenjoyedherselfsomuch______shewasonvacationinFrancewithdadlasty
______policymakersstruggletodefineandimplementappropriatelegislation,d
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
ThelegislationdoesNOTaimat______.[originaltext]TheDemocratic-ledSe
随机试题
[originaltext](11)Somepeoplesayrosesaredifficulttogrow.Butyou’ll
[originaltext]Ayoungmanoncewenttotownandboughthimselfapairoftrouse
Banknotesarenotusually______intogoldnowadays.A、invertedB、revertibleC、con
女孩,4岁。发热伴咳嗽3~4d,今出皮疹,住外院拟诊“药物疹”,口服阿司咪唑(息
应在发病前2小时服用的药是A.补益药B.解表药C.攻下药D.安神药E.治疟药
共用题干 UnlockingtheHumanGenome(基因组)1A
3、换路定律确定的初始值是由()决定的。(A)换路前; (B)换路后
头痛,痛在两侧者,与经有关A.与阳明经有关 B.与少阳经有关 C.与厥阴经有
下列关于陕籍作家与其作品对应错误的是:A.杜鹏程:《创业史》 B.路遥:《平凡
无效的施工合同包括()。A.承包人未取得建筑施工企业资质或者超越资质等级的
最新回复
(
0
)