英美法律制度Introduction+to+English++American+Legal+Systems.pptVIP

Introduction to English American Legal Systems Spring, 2008 General Introduction Syllabus for the course Contents: two parts Part One: English Legal System Part Two: American Legal System Part One: Seven units Part Two: Eight units Unit One  Characteristics of English Law No single legal system Centralised legal system Hierarchical legal system Common law tradition—judge-made law Judges applying and interpreting the law Judges independent of government and parties to disputes—impartial Accusatorial/adversarial system Common law Common to the whole country—national law Based on judicial decisions (case law) Based on precedents Including rules of common law Origin of common law 1066 Norman Conquest Local customary law King’s Bench, Assizes, royal courts Equity When the common law failed to give redress Court of Chancery dealt with petitions When there is conflict or variance between common law and equity, the latter will prevail Court of common law and the Court of Chancery abolished→Supreme Court of Judicature established Maxims of equity Equity will not suffer a wrong to be without a remedy Equity follows the law He who comes to equity must come with clean hands Equitable remedies are discretionary Unit Two Classifications of Law Criminal Law vs. Civil Law Criminal law: regulates the legal relationships b/w the state and the individual or bodies: the legal consequence is criminal offence—crime Civil law: regulates the relationships b/w individuals or bodies, including the law of contract, tort and property: the legal consequence is civil wrong Criminal v. Civil Procedure, outcome and terminology different ——Criminal: prosecutor prosecuting a defendant →conviction →punished/punishment →life imprisonment, fine, released on probation, or discharged without punishment →tried in Crown Court ——Civil: plaintiff sues a defendant →judgment for the plaintiff →pay damages, transfer property, injunction, or specific performance →tried in county court