旅游法律与道德精要.pptVIP

How to read a case Four elements： 1：the facts 2：the issue 3：the decision of the judge 4：the reasoning supporting the decision 如何研读一个案例 四要素： 事实； 争议焦点； 法官的裁决； 支持这个裁决的理由。 Case study Mary Lee Immormino vs McDonald(伊莫尔米诺 vs 麦当劳) 事实：原告从被告处购买热茶，撒在腿上 受伤，杯子上有警告说明杯中是热茶 争议焦点：关于茶的温度餐厅是否给了消费者足够的警告 裁决：肯定了餐厅给出的明确警告 理由：杯子上有警告，其次，原告应该知道茶是热的---根据《牛津大百科英语字典》中“茶”的定义 UNIVERSITY OF CAMBRIDGEFACULTY OF LAWCHOICE OF SUBJECTSThe papers for Law Tripos, which are divided into Groups I-IV, are as follows: GROUP I Paper 1 Roman Law I Paper 2 Constitutional Law Paper 3 Criminal Law Paper 4 Law of Tort GROUP II Paper 10 Law of Contract Paper 11 Land Law Paper 12 International Law Paper13 Roman Law II GROUP III Paper 20 Administrative Law Paper 21 Family Law Paper 22 Legal History Paper 23 Criminology Paper 24 Criminal Procedure and Criminal Evidence Paper 25 Equity GROUP IV Paper 40 Commercial Law Paper 41 Labor Law Paper 42 Principles of Conveyancing Law Paper 43 Company Law Paper 44 Contract and Tort Law II Paper 45 Conflict of Laws Paper 46 E.E.C Law E.E.C是欧盟的前身是欧洲共同体国家（European Economic Community，简称EEC Paper 47 French Law Paper 48 Jurisprudence Paper 49 Prescribed Subjects (Half-papers ) Classification of law Written law, Unwritten law Substantive law, Procedural law Public law, Private law Criminal law, Civil law 法律的分类 成文法---不成文法（判例法和习惯法） 实体法----诉讼法（程序法） 公法—私法 刑法---民法 Written and unwritten law According to creation methods and format of expression, the law falls into written and unwritten law. The written law also known as statutory law, is enacted and promulgated by the State. The unwritten law is not reduced into writing, it is only confirmed by the State. Normally it refers to customary law. In common law countries, it refers to precedents, i.e. the judge-made law. Though it is not expressed into written clauses, it is binding on courts and judges when handling like cases, i.e. like case should be treated alike. Substantive and procedural law Substant