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1. To discuss the differences between the civil law system and the common law system. (P4 )

There are many differences between civil law system and common law system. ¢ñ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. ÆðÔ´µØ²»Í¬£¬Ãñ·¨ÆðÔ´ÓÚ¹ÅÂÞÂí£¬ÆÕͨ·¨ÆðÔ´ÓÚÓ¢¸ñÀ¼

¢ò The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system. ÆÕͨ·¨µÄÖ÷Òª´«Í³Ô¨Ô´Êǰ¸Àý·¨£¬Ãñ·¨µÄÖ÷Òª´«Í³Ô¨Ô´ÊdzÉÎÄ·¨¡£Òò´ËÃñ·¨¹ú¼ÒÓÃÐí¶à³ÉÎÄ·¨µäÈ¡´úÆÕͨ·¨¹ú¼ÒµÄ²»³ÉÎÄ·¨

¢ó The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. Ãñ·¨·¨Ïµ¸ü¶à¹Ø×¢ÊµÌå·¨£¬ÆÕͨ·¨¸ü¹Ø×¢³ÌÐò¹æÔò

¢ô The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.

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¢õ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.

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¢ö The civil procedure: Adversary system (¶Ô¿¹Ê½ËßËÏ)of common law system needs the parties to show the case the jury or the judges. And the judges need to be neutral and impartial. Inquisitorial system£¨¾ÀÎÊʽËßËÏ£© in civil law countries give the judges the power to investigate the case during the trail and also can ask the parties and the witnesses.

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2 To discuss the main features of the American court system (P17-19)

There are fifty-two court systems in the U.S. ----each of the fifty states has its own system of courts, one for the District of Columbia and a federal system. They are independent systems of court.

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In the state court systems, court structures and court nomenclature vary from state to state. But all the state court systems exhibit a hierarchical structure, in which the decisions of lower courts may be taken for review to a higher court. Typically a state system will include several tiers of court£º

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1) Trial courts of inferior jurisdiction 2) trial courts of general jurisdiction 3) appellate courts ϼ¶¹ÜϽȨµÄ³õÉó·¨Ôº ÆÕ±é¹ÜϽȨµÄ³õÉó·¨Ôº