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
21
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/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
"Wheredoyoucomeinyourfamily?"AccordingtoFrankSulloway,aUSsocio
WhatisGeorgegoingtodothismorning?[br][originaltext]M:Hello,isthatS
适合制成橡胶的高聚物应当是( )。A.Tg低于室温高聚物 B.Tg高于室温高
拔管时出现喉痉挛而将导管夹紧,首先应采取的措施是()A.马上加深麻醉,充分供
下列何经绕阴部A.足太阴脾经 B.足阳明胃经 C.足厥阴肝经 D.足少阳胆
孕妇缺碘,小儿可患( )A.地方性甲状腺肿 B.侏儒症 C.克汀病 D.
某女,4个月前行人流手术,近3个月经量明显增多,色鲜红,质黏稠,伴心烦口渴,乏力
甲公司派员工伪装成客户,设法取得乙公司盗版销售其所开发软件的证据并诉至法院。审理
[单选题]美国心理学家Gw.奥尔波特认为,社会心理学试图了解和解释个体的思想
劳动合同可以约定试用期。试用期最长不得超过() A.3个月B.6个月
最新回复
(
0
)