新编国际商法资料英文案例与练习.docVIP

英文案例与练习 第一章 导论 1、Major Differences between Common and Statute Law Common Law Statute Law Origin Created by judicial branch through Created by the legislative branch through decisions in cases that are decided a formal lawmaking process by the courts Form Rules found in decisions of prior Official codified text cases Scope Narrowlimited to actual Broadsubject only to constitutional Cases limitations Effect of social Indirectjudges somewhat Directthrough the political process and political insulated from political pressures forces 2、Major Differences between Law and Equity Law Equity Method of resolving Application of existing rules Rules of law tempered by discretion Dispute of law court of conscience Trial Jury No jury Remedy Legal remedy(usually damages, Decree, enforceable through contempt enforceable through execution) proceedings(e.g., injunction, decree of specific performance) 3、Major Differences between Civil and Criminal Law Civil Law Criminal Law Nature Deals with rights and duties Deals with offences against society Between individuals as a whole (the state) Party bringing suit Individual The state Wrongful act Causing harm to another Violating a statute prohibiting some individual type of activity Remedy sought Damages to compensate Punishmentfine and/or imprison- for the loss sustained ment Standard of proof Preponderance of the Beyond a reasonable doubt