TEXT C In a very broad sense,
legislation plays the same role in France as judicial decisions play in common
law countries. Legislative rules provide the starting point from which lawyers
and judges work toward their goal, the most just solution for the problem at
hand. Usually the statute provides a clear answer to the problem. In those
cases, the statute is strictly applied, more because it is just than because it
is a statute. Because of this it often appears that legislation is the law and
that the judge’s role is simply to apply automatically the ready-made solutions
provided by the legislature. Nevertheless, there are a greatly many cases where
the judge’s role is far from creative. The legislature sometimes deliberately
speaks in very general terms; it has said that divorce can be obtained where
there are serious grounds; contracts must be performed in good faith; a person
must repair the damage caused another by his fault; the penalty for a crime can
be reduced if there are extenuating circumstances; an act of a government
official is invalid if in excess of his powers. The legislature, however, has
not defined serious grounds or fault, nor explained what is required by good
faith or what constitutes extenuating circumstances. Of course, statutory law is
being applied in all of these cases, but it is essential to recognize that the
statute takes on real meaning only as the courts interpret it. The way in which
the U. S. Supreme Court interprets the U. S. Constitution can give a common law
lawyer an idea of how French courts interpret the legislation from which they
work. French law says that the penalty for a crime ______.
A.is always rigidly set B.may be changed as society changes C.depends on the age of the person committing the crime D.can be reduced if there are extenuating circumstances