商法总结.docVIP

商法总结 What Is Law? Describe the difference between law and other social institution.（简答） Law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society. It is intended to protect persons and their property from unwanted interference from others The difference between law and other social institution: Law is a rule that prescribes legal behaviors and that is enacted and enforced by legislative bodies. The force of law is all –pervasive, applying with equal force to every member of society. Penalty of breaching the law is much more serious than others. (prescribe规定 enact通过、制定 enforce实施、执行 legislative bodies立法机构 pervasive普遍的penalty惩罚、处罚 breach违背、违反 ) 二、Please describe the difference between Civil law Case law(Common law) （简答） Civil law(大陆法系) A body of law and legal concepts come down from old Roman code established by emperor Justinian. Civil law is the frame work of most state legal systems especial in Europe and Asia. Case law （判例法） The traditional unwritten law of England based on custom and traditions. Difference between the civil law and case law: Statutes (成文法)is the only source of civil law. Common law has two kinds of sources: statutes and case law Judicial procedures. According to civil law, the court only can make decisions based by statutes. However, if in the common law, the decisions made by judges are based on both statutes and cases. The decisions made by judges in civil law system have no legal force to bind other cases decisions. 三、Stare Decisis(遵循先例原则) （简答） Based on the common law tradition, past court decisions become precedent（先例） for deciding future cases Precedent is a rule of law established in a court decision. Lower courts must follow the precedent established by higher courts 四、Describe the difference between Courts of Law(普通法法院) and Courts of Equity（衡平法法院）（论述） First,a jury(陪审团) is allowed in a court of law,whereas in an equity court the judge makes the decision. Second,the two courts