金融英语法律体制:美国法律体系的二元制

来源:金融英语    发布时间:2013-01-20    金融英语辅导视频    评论

   The American legal system features a complexity resulting from American federalism. Within the federal structure, each state retains a substantial degree of autonomy. Each has its own constitution, statutes made by its own legislature, and a body of case law created by its own courts. So it can be said that instead of one uniform set of laws America has fifty one a set of laws for each of the fifty states and one for the federation.
   A complication resulting from this duality, or multiplicity, is that choice of law questions frequently arise in multistate transactions or occurrences if a dis?pute arises out of a series of activities in different states, or between citizens of different states, and the substantive rights at issue are defined differently in these states, the choice of applicable law, which is governed by different choice of law rules of different states, becomes a very complicated question.
   The trend toward uniform statutes has tended to reduce this complication, but conflicts of law problems still exist. So, in studying American law, students should be aware that different states may have different substantive laws and dif?ferent choice of law rules regarding a particular legal situation, resulting in the possibility that the choice of forum may affect the substantive rights of the parties concerned.
   Choice of forum also adds to the complexity of litigation in America, because duality is also present in America's court system. Instead of one unified set of courts, America has fifty one sets, each of which operates independently of the others, and each of which is complete with its own trial and appellate courts.
   The state courts are the courts in which disputes are ordinarily heard. Its trial courts include courts of limited jurisdiction and courts of general jurisdic?tion1.
   Most states have trial courts of limited jurisdiction. These inferior courts are authorized to hear and determine cases involving a relatively small amount of money or particular subject matters. The names and authority of courts of limited jurisdiction vary from state to state.
   All states have courts, usually organized along county lines, for hearing cases of all types, unlimited by subject matter or amount in controversy. Such courts are referred to as the trial courts of general jurisdiction. The court of general ju?risdiction is known by different names in different states: in California it is the Superior Court; in New York, it is the Supreme Court; in many states it is the Circuit Court; in other states it is known as the District Court, the County Court, the Court of Common Pleas, and other names. Whatever its name this is the court which hears all cases that are not channeled elsewhere.
   Most states permit appeal of the determinations made by courts of limited ju?risdiction. In some states, a litigant dissatisfied with the result of the decision by the inferior court may request that the case be retried in the court of general juris?diction. In some states, the appeal to the court of general jurisdiction is the final appeal and in others, the decision of the court of general jurisdiction may be re?viewed by further appeal.

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