ACCA F4 知识点总结材料.docVIP

实用文档 文案大全 Chapter1 民法(civil law)和刑法（criminal law）的划分 Civil law: an form of private law， used by individuals to assert rights against other individuals Criminal law: an aspect of public law to regulate crimes and to punish offenders Issue Civil Criminal Who brings the action Claimant/plaintiff原告 Prosecutor/cps/state Burden of proof Claimant/plaintiff原告 Prosecutor/cps/state Standard of proof Balance of probabilities Beyond reasonable doubt Decisions Liable/not (judge) Guilty or not Aims Compensatory Punitive/to punish Remedies 纠正 damages Imprisonment/fines Case law: made by judge/ statute law成文法: primary legislation(made by the Parliament)/secondary legislation( in exercise of law-making powers delegated by Parliament). [注：Necessity for delegated legislation/secondary legislation :more convenient ;can hand over the task of specifying the law in detail to experts] 在case law中:common law普通法[created by judges through the application of the principle of judicial precedent. common law drew on customs/equity law衡平法:to resolve disputes where damages are not a suitable remedy and to introduce fairness into the legal system.] 不同法院管辖事件的类型 只受理民事案件 County court 只受理刑事案件 Crown court 民刑通吃 Magistrate’s court , high court, court of appeal, supreme court 只受理一审 County court, magistrate’s court 只受理上诉 Court of appeal , supreme court 一审上诉通吃 High court , crown court Chapter2 Chapter2 Doctrine of Precedence(遵循先例制度的一般规则): some decisions made by a court are binding and similar subsequent legal cases should be decided on the basis of the law established in earlier cases. 可以创立判例法规则: Supreme Court/Court of Appeal/High Court;不可以创立:Crown, Magistrates, County Courts cannot create precedent. Elements of judicial decision(影响法庭判决的因素):ration decidendi判决理由[the reason for the decision]/Obiter dicta附带说明[statement made by the way, not binding, but merely of persuasive authority] 法官又可以因为那些理由拒绝先例(disregarding judicial precedent): Overrule取代[the procedure whereby a court higher in the legal hierarchy sets