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
17
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/3779085.html
相关试题推荐
SheisgoingtoFranceonaspecial______foroneofthemajordailynewspapers
IfyouhavereallybeenlivinginFranceforsomanyyears,it’sabouttimeyou
Momenjoyedherselfsomuch______shewasonvacationinFrancewithdadlasty
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
Accordingtothenews,Francewasstronglycriticizedfor______.[originaltext]
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
Inaverybroadsense,legislationplaysthesameroleinFranceasjudicia
IhaveneverbeentoFrance,butthatisthecountry______.A、whereIliketovi
Howmanypartnersarethereinthisproject?[originaltext]Francehasbeenc
随机试题
IntheBritishMuseumonaSundayafternoon,ancientfaceslookbackatchil
ThestructureofasyllablecanbedividedintoallthefollowingexceptA、coda.
喷淋灭火系统的末端试水装置,放水1分钟后,其压力不应小于0.5MPa。
既可治疗口苦、胁肋疼痛,又善于治疗筋脉失养病证的穴位为A.阳陵泉 B.支沟
下列关于预算调整的说法中,错误的是()A.各级政府对于必须进行的预算调整
左边给定的是多面体的外表面,右边哪一项能由它折叠而成?请把它找出来。 A.如上
资产负债表中,资产的顺序是按照其项目的()排列的。A.收益性 B.重要性
根据《证券公司信息隔离墙制度指引》的规定,下列对业务限制的表述,错误的是()。A
桥梁实体墩台混凝土宜选用的水泥是()。A.普通硅酸盐水泥 B.硅酸盐水泥 C
在边坡工程中,关于影响边坡稳定因素的说法,错误的是()。A.影响边坡稳定的因素包
最新回复
(
0
)