契约法和成文法.CommonLawandStatuteLaw教材.pptVIP

www.healthandsafetytips.co.uk Common Law and Statute Law Common Law and Statute Law Common law - - rules of behaviour accepted(公认的)by society on the basis of established（已制定的） custom and practices, （风俗习惯）as evidenced【证据】 by decisions in the courts【法院】. Statute law - legislation【立法】 contained in precise written statements of requirements emanating from parliament【国会立法】. Common Law – The Doctrine of Precedence【优先主义】 The DOCTRINE OF PRECEDENCE requires that an inferior court always follows the decisions of a higher court. Thus, once a judgment has been made in a particular case, that decision will apply in any future cases which match the particulars of the first. 下级法院与上级法院{法的适用，遵循先例，推翻先例，避开先例} Cases which set precedence are invariably determined by the highest courts in the legal system, (primarily the COURT OF APPEAL OR THE HOUSE OF LORDS). Common Law – The Doctrine of Precedence The effect of this doctrine is to ensure consistent application of the law throughout all the courts in the land. This allows the law to be continually revised and reinterpreted “in the light of current values and experiences.” 【法的不断完善，例子，遵循先例。】 Common Law – The Doctrine of Precedence One of the drawbacks of case law is that, despite the doctrine of precedence, the outcome of cases, remains, to some extent, uncertain. If it can be shown that the particulars of a case are different from any that precede it, then there is, effectively no law to be applied. The court may be guided by the principles applied in previous judgments in similar cases, but is not bound by them. Statute Law This is written law, produced through the parliamentary process, and contained essentially in Acts of Parliament. This form of law supersedes all other forms of law since Parliament is supreme in the land. Delegated Legislation Not all aspects of statute law are contained in the actual Acts of Parliament. It is often the case that an Act sets out the general principles and empowers the government or so