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LAW

Commencing a Legal Action

Commencing a Legal Action

·793 字·2 分鐘
Lawsuits do not begin themselves. Someone must first decide to sue someone else for an alleged injury. If the decision is made intelligently, the person choosing to sue must have weighted several matters, among which at least three are basic. A potential litigant obviously feels aggrieved. But before making the decision to sue, he must first consider whether the grievance is one for which the law furnishes a relief. There are many wrongs that the law will not redress. if a person has suffered an injury that is not redressable by a court of law, litigation will be a fruitless attempt.
论WTO贸易救济措施

论WTO贸易救济措施

·2216 字·5 分鐘
摘要: WTO是当今世界多边贸易体制的组织和法律基础,其宗旨是倡导并致力于推动贸易自由化,要求成员尽可能地取消不必要的贸易障碍并开放市场,为货物和服务在国际间的流动提供便利。前身GATT经历了八轮贸易谈判后,关税大幅度降低,一些补贴也不允许使用,这对成员方贸易障碍措施的使用起到了限制作用。与此同时,WTO的成员可通过援用贸易救济措施,即反倾销、反补贴和保障措施等,消除或减轻自由贸易可能带来的负面影响,从而可以更加从容地应对自由贸易带来的各种冲击,维护自身的利益。本文阐述了WTO贸易救济措施的相关规定,及它们之间关系的辨析。
论WTO成立及其意义

论WTO成立及其意义

·2539 字·6 分鐘
摘要: 世界贸易组织(World Trade Organization)于1995年1月1日成立,是乌拉圭回合贸易谈判的成果,其前身是国际关税及贸易总协定(GATT)。它是独立于联合国的永久性国际组织,总部设在日内瓦,有134个成员,负责管理世界经济和贸易秩序。
Separation of Powers

Separation of Powers

·687 字·2 分鐘
The framers of the constitution knew that accumulation of all powers in the same hands would result in tyranny. In their effort to prevent tyranny and to form a more perfect union, they undertook to separate the legislative, the executive and the judicial powers in the first three articles of the Constitution. But, knowing equally well that an absolute separation would only impair the effective function of the government, they also rejected a total separation of powers.
The Adversary System

The Adversary System

·759 字·2 分鐘
The law of procedure can be divided into criminal and civil. Civil procedure is the body of rules by which the parties in civil litigation use the court to settle disputes. Generally, the party bringing the lawsuit to the court is called the plaintiff, and the party against whom the action is brought is called the defendant. On appeal, the appealing party is usually referred to as appellant, and the winning party at trial is called the appellee.
The Dual Court System  双轨制法院体系

The Dual Court System 双轨制法院体系

·676 字·2 分鐘
The American judicial system, reflecting the overall decentralized nature of its government, comprises a large number of federal and state courts. The federal and the state judicial systems are each constructed like a pyramid. Entry-level courts at both the state and federal levels are trial courts, tn which witnesses are called, other evidence is presented and the fact-finder ( ajury or sometimes a jujdge ) is called upon to decide issues of fact based on the law.
Law under American Federalism

Law under American Federalism

·795 字·2 分鐘
The United States has a federal system of government. What this means is that under the US Constitution there is a national, or federal, government, and there are individual states, each enjoying a substantial degree of autonomy. Each state has its own constitution, its own government, its own set of statutory laws made by its own legislature, and, because of the common law tradition, a body of case law created by its own courts.
美国法院体系 The American Court System

美国法院体系 The American Court System

·5378 字·11 分鐘
Unlike most countries in the world, actually, there are fifty-two court systems in America—one for each of the fifty states, one for the District of Columbia, plus a federal system—similarities abound. The state court systems are established according to the constitution of each state. The federal courts are not superior to the state courts; they are simply independent systems of courts, which derives its authority from Article 3, Section2, of the U.S. Constitution. Although state court systems differ, Exhibit3-1 illustrates the basic organizational structure characteristic of the court system in many states. The exhibit also shows how federal court system is structured.