法律英语试卷.pdf

1. To discuss the differences between the civil law system and the common law system. Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Ⅲ The civil law system pays more attention to substantive law; the common law system pays mor attention to procedural rules. Ⅳ The classification of law is different. The civil law is separated into public law and private law, th common law is separated into common law and equity. Ⅴ Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus th judge’s decision is more important. ⅥTh civil procedur is Adversary system (对抗式诉讼),in common law system ,judges tak a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses. 2. To discuss the main differences between American and Chinese law school teaching. ⅠLaw is an undergraduate degr in the china, while in the us is postgraduate degr . Ⅱ The teaching method In USA, th teaching method is cas method or Socratic method, students instead of th professors play an active role in the class. In China, the professor exposes the law to his students, who take notes and do not intervene in class. Ⅲ Cases vs. Doctrines In the USA, students’ textbook contains lots of cases and decisions made by the judges. In China, The textbook involves many doctrines, concepts and theories. 3.To discuss the main features of the American court system There are fifty-two court systems in the U.S. each state has its own system o