法律英语口语试题.docVIP

法律英语口语试题 1. What are the main difference between civil law system and common law system? In common law countries, cases are usually concidered to be the primary source of law. In civil law countries, cases are simply not a source of law---at least in theory. 2. Can you explain the difference between the binding precedent and persuasive precedent? Binding precedent is precedent that a court must follow (it is law). All prior judicial decisions in a specific courts jurisdiction heard at that courts level or higher are considered to be binding precedent. In contrast, persuasive precedent is precedent that a court need not follow (it is not law, but as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions outside of that courts jurisdiction or from a lower court are considered to be persuasive only.3 .What might happen if a court follows the precedent machanically? A court following the precedent machanically will at times perpetuate legal rules and concepts that are out of date. 4 .Explain the difference between stare decisis and res judicata? Stare decisis refers to the tradition of following precedents. Res judicata is ofen used to affirm the judgement of the supreme court or the court of last resort in one state. 5. What’s the function of court of last resort? Why are appeals to court of last resort limited? The function of court of last resort is to review the action of the lower judicial tribunals of the state. The scope of judicial review is relatively narrow. It only reviews the record of the proceedings to determine whether or not the lower court committed error on its procedure or in applying the substantive law to the facts of the case. Appeals to court of last resort are limited. It’s because court of last resort has to give its full attention to novel and socially important controversies. The “screening ort” function refers to make the intermediate appellate court the final tribunal for