英文案例与练习第一章导论1、Major Differences between Common and Statute Law Common Law Statute Law Origin Created by judicial branch through Created by the legislative branch through decisions in cases that are decided a formal lawmaking process by the courts Form Rules found in decisions of prior Official codified text cases Scope Narrow------limited to actual Broad------subject only to constitutional Cases limitations Effect of socialIndirect-----judges somewhat Direct------through the political process and politicalinsulated from political pressures forces 2、Major Differences between Law and Equity Law Equity Method of resolvingApplication of existing rules Rules of law tempered by discretion Dispute of law ------court of conscience Trial Jury No jury Remedy Legal remedy(usually damages, Decree, enforceable through contempt enforceable through execution) proceedings(e.g., injunction, decree of specific performance) 3、 Major Differences between Civil and Criminal Law Civil Law Criminal Law Nature Deals with rights and duties Deals with offences against society Between individuals as a whole (the state) Party bringing suit Individual The state Wrongful act Causing harm to another Violating a statute prohibiting some individual type of activity Remedy soughtDamages to compensate Punishment-----fine and/or imprison- for the loss sustained ment Standard of proof Preponderance of the Beyond a reasonable doubt evidence 4、 The Federal and State Court System U.S. Supreme Court State Supreme Court (Appellate Level) U.S. Courts of Appeal State Courts of Appeal U.S. District Courts State General Trial Courts (Trial Level) Specialized State Courts of Limited U.S. Courts Jurisdiction 第二章商事组织法Read the Balance Sheet of ABC Motors ...
