法律英語案例賞析-全文預覽
【正文】 e law and procedural law ? Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law. ? Procedural law prises the rule by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the .) or fundamental justice (in other mon law countries) to all cases that e before a court. which prises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. procedural law Difference ? Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements. Civil law system ? Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation— especially codifications in constitutions or statutes passed by government— and custom. Common law system ? Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. The doctrine of precedent, or stare decisis (Latin for to stand by decisions) means that decisions by higher courts bind lower courts. Common law systems also rely on statutes, passed by the legislature, but may make less of a systematic attempt to codify their laws than in a civil law system. Common law originated from England and has been inherited by almost every country once tied to the British Empire Departments of law The French Declaration of the Rights
醫(yī)療健康相關推薦
鄂ICP備17016276號-1