外国法総論（英米法） 三木先生
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ayakixxx0152 2006年07月10日(月) 16:35:51履歴
１．出題年度 2004年度
２．科目名 外国法総論（英米法）B （春学期試験）
３．担当教員名 三木妙子
４．問題文
以下の事項のうち4つを選んで説明しなさい。
1.mother of all common law legal system
2."invasion"of Roman Law
3.keeper of the King's conscience
4.contempt of court
5.judge-made law
6.codification
7.appellate committee of the House of Lords
１．出題年度 2004年度
２．科目名 外国法総論（英米法）B （学年末試験）
３．担当教員名 三木妙子
４．問題文
次の3つの記述のうち1つを選んで論じなさい。
(1)
The English legal system is unique,in worldwide terms, in making such extensive use of laypeople as decision-makers, as magistrates,jurors and tribunal members.This is partly the product of history but is now justified as keeping the law in touch with the public affected by it.
(2)
Criticism used to be made fairly often and somewhat more infrequently now of the inflexible attitude of some judges in the task of statutory interpretation.In view of the difficulty of using language with an exactness which covers every conceivable situation, including the future, critics claim that the task of construction would be better done if judges took off their blinkers and considered all the circumstances which are relevant to the interpretation of the legislation in the particular case.Judging from the wide application given to "Pepper v. Hart", many modern judges agree with this criticism.
(3)
Critics argue that restriction on judicial discretion can be undesirable, and can lead to a judge, who wishes to escape from a precedent, drawing illogical distinctions.Added to this is the difficulty, which can occur in some Appeal Court decisions, of discovering exactly what the "Ratio decidendi" of a previous case is. This has been known to be the case when the House of Lords decides an appeal by a majority vote of three to two, and the three judges in the majority appear to arrive at their decision for different reasons.
２．科目名 外国法総論（英米法）B （春学期試験）
３．担当教員名 三木妙子
４．問題文
以下の事項のうち4つを選んで説明しなさい。
1.mother of all common law legal system
2."invasion"of Roman Law
3.keeper of the King's conscience
4.contempt of court
5.judge-made law
6.codification
7.appellate committee of the House of Lords
１．出題年度 2004年度
２．科目名 外国法総論（英米法）B （学年末試験）
３．担当教員名 三木妙子
４．問題文
次の3つの記述のうち1つを選んで論じなさい。
(1)
The English legal system is unique,in worldwide terms, in making such extensive use of laypeople as decision-makers, as magistrates,jurors and tribunal members.This is partly the product of history but is now justified as keeping the law in touch with the public affected by it.
(2)
Criticism used to be made fairly often and somewhat more infrequently now of the inflexible attitude of some judges in the task of statutory interpretation.In view of the difficulty of using language with an exactness which covers every conceivable situation, including the future, critics claim that the task of construction would be better done if judges took off their blinkers and considered all the circumstances which are relevant to the interpretation of the legislation in the particular case.Judging from the wide application given to "Pepper v. Hart", many modern judges agree with this criticism.
(3)
Critics argue that restriction on judicial discretion can be undesirable, and can lead to a judge, who wishes to escape from a precedent, drawing illogical distinctions.Added to this is the difficulty, which can occur in some Appeal Court decisions, of discovering exactly what the "Ratio decidendi" of a previous case is. This has been known to be the case when the House of Lords decides an appeal by a majority vote of three to two, and the three judges in the majority appear to arrive at their decision for different reasons.
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