Английский язык | 10 - 11 классы
Common Law
Common Law or case law refers to unwritten law system in Great Britain which is generally derived from cases decided by courts and not from a statute.
Common Law has been administered in the courts of England since the Middle Ages ; it is also found in Canada the US and in most of the British Commonwealth.
The Common Law is based on the principle of deciding cases by the reverence to previous judicial decisions rather than written statutes drafted by legislative bodies.
The main principle of that system is to consider unfair to treat similar facts differently on different occasions.
General rules or precedents are guidelines for judges deciding similar cases.
Common Law system can be contrasted to the civil - law system, based on ancient Roman Law, found in the continental Europe.
Civil - law judges decide cases by referring statutory principles, common - Law judges focus on the facts of specific case and similar previous cases.
These case - by - case decisions are used again and again in similar cases and become customary, or common to all people living under the authority of the court of law.
However, sometimes judges may reveal new and different facts, such as changing social technology conditions.
A common - law judge is then free to depart from precedent and establish a new rule or decision, which sets a new precedent and will be used judges in other cases.
So, judge continue to shape guide the future development of English law, drawing on the flexibility of principles of common law tradition.
Определите в следующих предложениях видовременные формы глаголов и укажите их инфинитив ; переведите предложения на русский язык?
Определите в следующих предложениях видовременные формы глаголов и укажите их инфинитив ; переведите предложения на русский язык.
1. The Government took a number of measures to strengthen the criminal justice system.
2. The main sources of law are legislation, common law and European Community law.
3. She will know the results tomorrow.
Sources of Law The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the courts?
Sources of Law The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the courts.
This concept of decided cases as a source of law comes to the USA from England.
As a matter of fact, the US legal system is patterned after the English legal system rather than that of the rest of Europe or any other part of the world.
The continental countries have codified their laws — reduced them to statutes — so that the main source of law in those countries is to be found in the statutes rather than in the cases.
In the USA statutes must be in keeping with the constitutions - federal and state - and the courts can overrule a statute that is found to violate constitutional provisions.
Statutes and constitutions are classified as "written law".
Also included under this heading are treaties that by the federal constitution are also a part of the law of the land.
Case law, as opposed to written law, is not set forth formally but is derived from an analysis of each case that uncovers what legal propositions the case stands for.
Murder still belongs to common law, while attempts to murder have become statute law?
Murder still belongs to common law, while attempts to murder have become statute law.
ПЕРЕВЕСТИ ТЕКСТ Sources of Law The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the?
ПЕРЕВЕСТИ ТЕКСТ Sources of Law The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the courts.
This concept of decided cases as a source of law comes to the USA from England.
As a matter of fact, the US legal system is patterned after the English legal system rather than that of the rest of Europe or any other part of the world.
The continental countries have codified their laws — reduced them to statutes — so that the main source of law in those countries is to be found in the statutes rather than in the cases.
In the USA statutes must be in keeping with the constitutions - federal and state - and the courts can overrule a statute that is found to violate constitutional provisions.
Statutes and constitutions are classified as "written law".
Also included under this heading are treaties that by the federal constitution are also a part of the law of the land.
Case law, as opposed to written law, is not set forth formally but is derived from an analysis of each case that uncovers what legal propositions the case stands for.
Истинно или ложно высказывание 1?
Истинно или ложно высказывание 1.
A particular legal system is closely connected with the history, political structure, and social values of the country.
2. The legal system is fixed once and forever.
3. The law system is a universal thing.
4. Roman law has developed in the United States.
5. Japan, being isolated from the Continent, wasn't influenced by any of the world traditions of law.
In order to understand why a particular country has a particular legal system, it is necessary to look at its history, political structure and social values.
When there is political and social upheaval, one of the main concerns of a new government is to revise the legal system.
Britain has had an unusual degree of political continuity.
Despite civil wars in the fifteenth and seventeenth centuries and enormous social changes associated with industrialization, England and Wales have retained many laws and legal principles that originated eight centuries ago.
On the other hand, most of the law of Japan, which experienced the rapid upheaval of the Meiji Restoration and foreign occupation after the Second World War, was developed within the last century.
Each country in the world, even each state of the United States, has its own system of law.
However it is generally true to say that there are two main traditions of law in the world.
One is based on English Common law, and has been adopted by many Commonwealth countries and most of the United States.
The other tradition, sometimes known as Continental, or Roman law, was developed in most of continental Europe, Latin America and many countries in Asia and Africa, which have been strongly influenced by Europe.
Continental law has also influenced Japan and several socialist countries.
25 БАЛЛОВ ПОМОГИТЕ ПОЖАЛУЙСТА СДЕЛАТЬ ПЕРЕВОД НА РУССКИЙ ЯЗЫК ( БЕЗ ПЕРЕВОДЧИКА?
25 БАЛЛОВ ПОМОГИТЕ ПОЖАЛУЙСТА СДЕЛАТЬ ПЕРЕВОД НА РУССКИЙ ЯЗЫК ( БЕЗ ПЕРЕВОДЧИКА!
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although britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organisation and practice However, a large amount of modern legislation applies throughout Britain
The legal system of England and Wales comprises both an historic body of conventions known as common law and equity, as well as statute law and European Union legislation
Common law, which is based on custom , made and interpreted in court cases by judjes, forms the basis of the law except when superseded by legislation Equity law is a system of law OR body of principles originating in the English Court of Chancery ; it consists of a body of historic rules and principles which are applied by the courts.
Statute(statutory) law consists of acts of parliament and acts of delegated legislation.
Подберите к предложениям в первой колонке соответствующие глаголы из второй колонки таблицы?
Подберите к предложениям в первой колонке соответствующие глаголы из второй колонки таблицы.
Колонка 1
1.
A person … in a magistrates’ court may appeal against its decision to the Crown court.
2. The legal system for England and Wales is … on statute law and common law.
3. The Supreme Court considers cases … from the Court of Appeal.
4. The evidence … by this advocate is very important for the case.
5. Do you see that man … to the prosecutor?
6. Look!
This witness is … evidence!
Колонка 2
a) referred
b) convicted
c) based
d) talking
e) giving
f) presented.
Переведите текст пожалуйста 2?
Переведите текст пожалуйста 2.
Each country in the world has its own system of law.
However, it is generally true to say that there are two main tra - ditions of law in the world.
One is based on English сommon law, and has been adopted by most of the United States.
The other tradition, sometimes known as сontinental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe.
3. Common law, or case law systems, particularly that of England, differ from сontinental law in having developed grad - ually throughout history, not as a result of government attempts to define or codify every legal relation.
Customs and court rulings have been as important as statutes (government legislation).
Judges do not merely apply the law, in some cases they make law, since their interpretations may become prece - dents for other courts to follow.
4. Before William of Normandy invaded England in 1066, law was administered by a series of local courts and no law was common to the whole kingdom.
The Norman kings sent travel - ling judges around the country and gradually a “common law”developed, under the authority of three common law courts in London.
Judges dealt with both criminal cases and civil dis - putes between individuals.
Although local and ancient customs played their part, uniform application of the law throughout the country was promoted by the gradual development of the doc - trine of precedent.
5. By this principle, judges attempted to apply existing cus - toms and laws to each new case, rather then looking to the gov - ernment to write new laws.
If the essential elements of a case were the same as those of previous recorded cases, the judge was bound to reach the same decision regarding guilt or inno - cence.
If no precedent could be found, then the judge made a decision based upon existing legal principles, and his decision would become a precedent for other courts to follow when a similar case arose.
The doctrine of precedent is still a central feature of modern common law systems.
Courts are bound by the decisions of previous courts unless in can be shown that the facts differ from previous cases.
Sometimes governments make new laws — statutes — to modify or clarify the common law, or to make rules where none existed before.
But even statutes often need to be interpreted by the courts in order to fit par - ticular cases, and these interpretations become new prece - dents.
In common law systems, the law is, thus, found not only in government statues, but also in the historical records of cases.
6. Another important feature of the common law tradition is equity.
By the fourteenth century many people in England were dissatisfied with the inflexibility of the common law, and a practice developed of appealing directly to the king or to his chief legal administrator, the lord chancellor.
As the lord chan - cellor’s court became more willing to modify existing common law in order to solve disputes, a new system of law developed alongside the common law.
This system recognized rights that were not enforced as common law but which were considered “equitable”, or just, such as the right to force someone to fulfil a contract rather than simply pay damages for breaking it.
The courts of common law and of equity existed alongside each other for centuries.
If an equitable principle would bring a dif - ferent result from a common law ruling on the same case, then the general rule was that equity should prevail.
In 1873, the two systems were unified, and nowadays a lawyer can pursue com - mon law and equitable claims in the same court.
Переведите текстConstitutional and administrative lawThe French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional valueConstitutional and administrative l?
Переведите текст
Constitutional and administrative law
The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
Constitutional and administrative law govern the affairs of the state.
Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state.
Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights.
A few, like the United Kingdom, have no such document.
A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention.
A case named Entick v Carrington illustrates a constitutional principle deriving from the common law.
MrEntick's house was searched and ransacked by Sheriff Carrington.
When MrEntick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority.
However, there was no written statutory provision or court authority.
The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property.
That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole .
If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law.
Administrative law is the chief method for people to hold state bodies to account.
People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law.
The first specialist administrative court was the Conseild'État set up in 1799, as Napoleon assumed power in France.
Составить 5 любых вопросов к текстуConstitutional and administrative lawThe French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional valueConstitutional a?
Составить 5 любых вопросов к тексту
Constitutional and administrative law
The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
Constitutional and administrative law govern the affairs of the state.
Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state.
Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights.
A few, like the United Kingdom, have no such document.
A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention.
A case named Entick v Carrington illustrates a constitutional principle deriving from the common law.
MrEntick's house was searched and ransacked by Sheriff Carrington.
When MrEntick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority.
However, there was no written statutory provision or court authority.
The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property.
That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole .
If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law.
Administrative law is the chief method for people to hold state bodies to account.
People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law.
The first specialist administrative court was the Conseild'État set up in 1799, as Napoleon assumed power in France.
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Общее Право
Общего права или прецедентного права, относится к неписанным законом система в Великобритании, как правило, производные от дел, рассмотренных судами, а не от закона.
Общий закон был проведен в судах Англии со времен Средневековья ; он также встречается в Канаде, США и в большинстве стран британского Содружества.
Общее право основано на принципе рассмотрения дел почтением к предыдущим судебным решениям, а не для письменных актов законодательных органов.
Главный принцип этой системы заключается в рассмотрении несправедливо рассматривать подобные факты по - разному в разных случаях.
Общие правила или прецеденты руководящие принципы для судей, решая аналогичные случаи.
Система общего права не может быть противопоставлено системе гражданского права, на основе древнеримского права, нашли в Континентальной Европе.
Гражданского права судьи решать дела, ссылаясь уставных принципов общего права судьи сосредоточиться на фактах конкретного дела и предыдущих подобных случаях.
Эти индивидуальной решений используются снова и снова в подобных случаях, и стать обычным, или общими для всех людей, живущих под властью суде.
Впрочем, иногда судьи могут выявить новые и различные факты, такие как изменение условий социальной технологии.
Общего права судья имеет право отойти от прецедента и создать новое правило или постановление, которое устанавливает новый прецедент и будет использоваться судьями в других случаях.
Так, судьи продолжают формировать руководство будущего развития английского права, опираясь на гибкость.