法律英语课件-legalEnglish(2014).ppt

Common law A body of law developed by judges through decisions of courts and similar tribunals, rather than through legislative statutes or executive branch action. 普通法Common law: 就是“普遍通用”的法律(general custom)，或者“共同适用”的法律。是通过王室法官的巡回审判活动形成的。 (making-law) 普通法的基本形式是判例法（case law）不是制定法(statutory law) 普通法的基本原则： 遵从先例（stare decisis)---- “It stands decided”; an other term precedent. Doctrine of precedent （stare decisis) “遵照执行已决之事项” ----是指较高级的法院在处理某一类事实过程中若确立一项法律原则，则自此该法院或其同级、下级法院在处理案件中遇到同类事实时不应自做主张，而应照章办事---遵照该项已经确立的法律原则进行案件审理。 A constitution is a document that established the framework of the government , gives that government the right or power to make certain laws, and defines the obligations of that government to its people. CONSTITUTIONAL LAW Background Classification of Laws: Common Law----Equity Substantive Law---Procedural Law Public Law---Private Law Public Law Constitution Administrative Law Criminal Law Tax Law …… Private Law Contract Law Tort Law Property Law Corporation Law Family Law 1777 （Articles of Confederation and Perpetual Union） 1789（Federal Constitution---the Supreme Law） Amendments（Amendment 1—10，[the Bills of Rights] A constitution is a document that established the framework of the government , gives that government the right or power to make certain laws, and defines the obligations of that government to its people. Basic Constitutional Concept Federalism: is the basis for the structure of government in the United States , federal form of government is one in which the state form a union and the sovereign power is divided between a central governing authority and the member states. The Constitution delegates certain powers to the national government, and the states retain all powers not delegated to the national government . The Bill of Rights Amendment 1-----10 commonly known as the Bill of Rights, were adopted in 1791