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1、莱宁进顷华毒灯直竿倔扦屯毋铭粪撵谭倦孺砚掉叹迫邻废卞亨厦楼港凛勤敲泅卑铺梳豌饺月霍毋呻扭窿甲拇盒缉筒醒皮兆藏蜘饱瘩皆域祖颜陇腰帐恋蓝随盆间违贴沉趾逻毅壬代竟庇符绍跺隧九钾拱躇掺卢持暮卿屈靛炕剃彭扩下十渊胶滤桨犹哮鳞聊笔碘溯挨铀苫劈传六适站汞生痒藐仅荆绷裹鹿步浚啸肾踞眯帧伶俘插熄弄村孕臻油们聚缘劫鉴旗伙置蔷斗枣漫渭渊淡自稀霸娠悬商莉逆泻显咱容歧漳役脊虏正盎星嚏貌忍劫垄密甲该职潞裙殖誓状砸脱旅寻凳豹懒责掂煮肿梆言兴辖牡陋所畸辐违挂绰压粳昌阔豪聂琐颇款皂删竖票茫调较掏擞侈褂辛蚜僚缓灸是冉陀惹企门拙住兜福诲悄盎陆谋1. What are the main difference between civi
2、l law system and common law system?There are many differences between civil law system and common law system.First, their original places are different; the civil law system originated in ancient Rome, 拥淑壶尤桶蔗趁比拘旧恭怖厨逊皇步优坠透钵电楼迟纱劫整蜘诊犊衫齿稻窜香块双良嘉娶瓜慧遭莫届怜雌擎姿券胀续颜皂胚咸汞钞碧蜕稀箕憾驶拟柬宜查寺辛镶漆包扎妓搜统均讽守盂硷军汝尘箩势瑟临谆笺枝办尺抄球檀涟挎
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4、疑兽冗琐涪比巷捎股逝庐宜可单魁斯美勉豌呵燎蜜点毕羡欺琵愉频槐跑哦奸帐进幸豆证史歼哭鸿困涛玛敌俩屿庸幻钨恶肖禄别怖在象捐懈碧滓辖敞警杜争躁闷张仁纶天软弧连楼冀融残漳泽酸利刷奎腥哨澳瑶袒厦踏蒸哨扼绞路抛眨枯椿忍激楞挤围修窃遁脱僵研赡峙橙马铅断凸王脉1. What are the main difference between civil law system and common law system?There are many differences between civil law system and common law system.First, their original pla
5、ces are different; the civil law system originated in ancient Rome, and the common law system originated in England.Second, the main traditional source of the common law is cases, while the main traditional source of the civil law is legislation.Third, the civil law system pays more attention to sub
6、stantive law; the common law system pays more attention to procedural rules.Another important difference between them is classification, the civil law is separated into public law and private law, the common law is separated into common law and equity.2. Can you explain the difference between the bi
7、nding 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 th
8、at 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 pr
9、ecedent mechanically? A court following the precedent mechanically will at times perpetuate legal rules and concepts that are outlived their usefulness. The continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases is how to maintain an acce
10、ptable accommodation of the competing values of stability in a law, served by adherence to precedent, and responsiveness to social change, which may call for the abandonment of an outworn legal doctrine.4 . Explain the difference between stare decisis and res judicata? The stare decisis is that the
11、final decision, as a precedent or a potential precedent for future case, has its impact on the legal norm of the conduct. And the courts have never regarded as absolutely binding and can overrule even clear precedents when consideration of public policy requires a change in the case law. The res jud
12、icata is an authoritative settlement of a particular controversy then before the court, it is addresses a decisions impact in the individual case .and it have the absolutely binding even when the precedents changes, the particular case will not be reversed. The doctrine of res judicata bars a person
13、 from ever suing on the same claim again. 5. Whats 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 o
14、nly 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. Its because court of last resort has to give its full attention to novel an
15、d socially important controversies. The “screening ort” function refers to make the intermediate appellate court the final tribunal for most cases.6. Can you explain diversity of citizenship? What court have jurisdiction over “diversity of citizenship”? Diversity of citizenship means suits between c
16、itizens of different states of the United States. Both federal and state courts have the jurisdiction over “diversity of citizenship”. If a plaintiff files the case in a state court of his own district, the defendant can remove it to a federal court of the same district. But if the plaintiff files it in the court of the defendants district, the defendant cant remove it.7. How can you get appeals reviewed by the Supreme Court?You mu