国商Chapter 1.ppt

Case 1-10. RAULIN v. FISCHER England, Kings Bench, 1911. FACTS: Ms. Fischer, while recklessly riding a horse in Paris, collided with Monsieur Raulin, seriously injuring him. A French trial court heard a criminal complaint brought by a procurator. At that proceeding, Raulin, the victim, intervened in the proceeding as he was allowed to do by the French Code of Civil Procedure, and asked for damages. The court convicted Fischer of criminal negligence and imposed a sentence of one month in prison and a fine of 100 francs. Following expert testimony, the court also awarded Raulin 15,000 francs in damages and 917 francs in costs. Raulin later brought suit in England to enforce his French judgment. ISSUE: Should a common law court refuse to recognize an award of civil damages handed down by a civil law criminal court? 3. The Anglo-American Common Law System a. Historical origins: 1) In 1066, the Normans conquered England and William the Conqueror began to centralize the governmental administration of his new kingdom. 2) The name “common law” is derived from the theory that the king’s courts represented the common custom of the realm, as opposed to the local customary law practiced in the county and manorial courts. 3) The development of the principles of the common law were largely the product of three courts created by Henry II (1133-1189): a) Court of Exchequer, which settled tax disputes. 财务法院 b) Court of Common Pleas, which dealt with matters that did not involve a direct interest of the king, such as title to land, enforcement of promises, and payment of debts.民诉法院 c) Court of King’s Bench which handled cases of a direct royal interest, such as the issuance of “writs” (written decrees) to control unruly public officials.王室法院 Eventually, the jurisdiction of the King’s Bench was used to control abuses of power by the king himself, establishing a fundamental doctrine of the common law: the supremacy of the law. 4) These courts were importa