8.2　课后习题详解

1. What are the primary sources of British law?

Key: The sources of law include: (1) statutes; (2) a large amount of “unwritten” or common law, gathered from numerous decisions of the courts and other sources; (3) equity law; (4) European Community law.

2. What are the common features of all systems of law in Britain?

Key: A feature common to all systems of law in the United Kingdom is that there is no complete code. Another common feature is the distinction made between criminal law.

3. How do you divide the British courts according to the nature of cases?

Key: There are criminal courts and civil courts.

4. Why do the criminal convicts like to be tried first before the magistrates’ courts?

Key: A magistrates’ court is open to the public and the media. It usually consists of three unpaid “lay” magistrates-known as justices of the peace-who are advised on points of law and procedure by a legally qualified clerk or a qualified assistant. A magistrates’ court sits without a jury.

5. What does the civil courts system do?

Key: The main courts of civil jurisdiction in England and Wales are 270 County Courts. The jurisdiction of county courts includes: (1) actions founded upon contract and tort; (2) trust and mortgages cases; (3) actions for the recovery of land; (4) cases involving disputes between landlords and tenants; (5) complaints about race and sex discrimination; (6) admiralty cases and patent cases; and (7) divorce cases and other family matters.

6. What is the jury’s job?

Key: In criminal trials by jury, the judge passes sentence, but the jury decides the issue of guilt or innocence.

7. What is the function of the High Court? How many divisions is it divided into? What does each division deal with?

Key: The High Court deals with the more complicated civil cases. Its jurisdiction covers mainly civil and some criminal cases; it also deals with appeals from tribunals and from magistrates’ courts in both civil and criminal matters.

The High Court has three divisions: (1) The Family Division, which is concerned with family law; (2) the Chancery Division, which deals with corporate and personal insolvency; disputes in the running of companies; (3) the Queen’s Bench Division, which is concerned with contract and tort cases, and deals with applications for judicial review.

8. How many police forces are there in the U. K.?

Key: There are 43 police forces in England and Wales, 8 in Scotland and one in Northern Ireland.

9. Capital punishment for murder has been abolished in the U.K. What do you think of it?

Key: It has both good influences and bad influences. On one hand, the abolishment of capital punishment reflects the respect for life and tolerance towards the criminals. On the other hand, some murders maybe behave more violently and didn’t do good to the stability of the society.

10. How different is the Metropolitan Police Force London from other police forces in Great Britain?

Key: Officers in armored response vehicles in London can wear their sidearm in holsters at all times. In Northern Ireland police officers are issued with firearms for personal protection and other firearms are available for duty purposes.