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法律英语课后问题整理

法律英语课后问题整理
法律英语课后问题整理

第一单元:LEGAL SYSYTEM

主课文:

1.The common law tradition originated in England. The decisions of the

royal courts became the law common to the whole kingdom, the common law.

2.Both law and equity are part of what is called the common law.

3.Louisiana: civil law, the others: common law

4.The expression “civil law”, in Latin jus civilis, literally means the law of

the citizens of Rome. Now the civilian jurists refer to what we call private law simply as “the civil law”( persons, property and obligations)

5.In common law countries ,cases are usually considered to be the

primary source of law. In civil law countries, cases are not a source of law.

6.Civil law jurists will consider the civil code as an all encompassing

document. On the contrary in common law jurisdictions legislation tends to be considered as an exception to the case law.

7.American legal education is very original and in many respects unique.

The case method or Socratic method is peculiar to this country.

8.No, only through the postgraduate degree.

9.The case method is important in America, in other countries, the

teaching style is magisterial—the professor express the law to his or

her students, who take notes and do not intervene in class.

10.The professors play an important role in defining the law in civil law

system, while the judges in the common law system.

副课文:

1.The decisions of judges ,or of other officials empowered by the constitution or laws of a political entity to hear and decide controversies ,create case law. As the name “case law”suggests, a particular decision ,or a collection of particular decisions ,generate law-that is ,rules of general application.

2.From the point of view of parties to a lawsuit or other contested controversy , what matters is the immediate outcome ,the result the tribual reaches in their case .The decision has immediate and special significance. In the view of judges ,lawyers and law students ,however ,the decision takes on broader perspective .The decision becomes a possible source of general applicable case law. 3. In any judicial system rules of law arise sooner or later out of such decisions of cases , as rules of action arise out of the solution of particular problems .These generalizations contained in , or built upon, past decisions ,when taken as normative for future disputes ,create a legal system of precedent……..

4.A court that follows precedent mechanically or too strictly will at times

perpetuate legal rules and concepts that have outlived their usefulness.

5.The problem is how to maintain an acceptable accommodation of the competing values of stability in a law ,served by adherence to precedent ,and responsiveness to social change ,which may call for the abandonment of an outworn legal doctrine. this problem of stability versus change will be a recurring theme in the casebook

6.stare decisis:doctrine of precedent ,as a precedent ,or potential precedent ,for future cases.

Res judicata:as an authoritative settlement of a particular controversy then before the court.

7.res judicata

8.A court of last resort in one state does not consider itself bound to follow another state’s case law rules ,but it will carefully consider the outstate decisions and ,if it finds their reasoning persuasive ,make use of them as sources of guidance and justification.

9.However hospitable a court of last resort may be to persuasive authority from other jurisdictions ,an outstate case is not as authoritative and should not be assigned the same force as a true “precedent”.

10. The difference in degree of influence is much like the difference between the holding of a case and dictum in a judicial opinion, the

“holding”being fully authoritative and generally binding and the “dictum” only ,again ,persuasive authority.

第二单元COURT SYSYTEM

主课文:

1.limited to civil suits involving relatively small amounts of money and

to minor violations of the criminal law.

2.A court empowered to try all kinds of cases ,without monetary or

subject matter limitation.

3.To review the action of the lower judicial tribunals of the state. This is

the exercise of appellate jurisdiction.

4.(1)a vast increase in appellate litigation which , particularly in the

more populous states , soon led to hopeless congestion of the dockets of the state courts of last resort.

(2) empowered to strain out and finally dispose of the bulk of

appellate litigation-cases.

5. The landmark statute in the evolution of the federal judicial system.

6 .Normally presided over by a single judge , although there are a few situations ,chiefly cases in which injunctions are sought on federal constitutional grounds against the enforcement of state or federal statutes, in which a three-judge court must be convened.

7.(1)the jurisdiction of a District Court of the United States must be based either on the character of the controversy or on the character of

parties to the controversy.

(2)within one or another of three categories: cases to which the United States is a party, which includes both civil cases in which the United States is plaintiff or defendant and all prosecutions for violation of federal criminal statutes: cases involving a “federal question” ,which means a question involving the interpretation or effect of a provision of the Constitution or of a federal statute or regulation: cases involving “diversity of citizenship”, that is ,suits between citizens of different states of United States.

8.federal court: The historical origins of “diversity of citizenship”jurisdiction derive from a concern of former times that a citizen of one state might not be fairly treated in the courts of the state of his adversary’s residence ,and even this old concern is inapplicable when the defendant is ,so to speak, sued on his own home grounds.

9.can be secured only by a :petition for a writ of certiorari ”.As a matter of Supreme Court practice ,if four or more of the nine justices vote to take the case, that is , to hear and decide it on its merits, the Court will “grant certiorari.”

10. If appeals to the supreme court were available in all cases ,the court would be swamped with ordinary appeals and unable to give full and deliberate consideration to the great cases it must decide with finality as umpire of the federal system, authoritative guardian of the

constitutional liberties and final overseer of the consistency and substantial justice of the general law administered in the courts of the United States.

第三单元:CONSTITUTIONAL LAW

副课文:

1.(1)every court ,federal and state

(2)The USA Supreme Court has the final say

2.NO. these provisions are organizational and jurisdictional. They create the Supreme Court ,but “supreme” means only “highest”, designating a place ih the hierarchy but not the Court’s authority.

3.The power of judicial of review was established by the Court’s decision in the 1803 case of Marbuary v. Madison.

4.The constitution is law , Courts interpret law. Therefore courts interpret the Constitution.

5.In adopting the Constitution the states had ceded some of their sovereignty to the federal government.

第四单元:CRIMINAL LAW

主课文:

1.Typical forms of punishment include death ,imprisonment , fine ,

removal from public office or disqualification from holding public office ,probation ,and restitution.

2.(1)Civil violations are often referred to as torts. A society is

considered to be a wrong against all of society ,whereas a tort is considered to be a private matter between the parties directly involved.

(2)The second distinction involves the persons who actually prosecute

the case. A specially designated state prosecutor or federal official directs the proceedings when crimes are involved .However, in tort action the individual against whom the wrong has been commited generally hires an attorney to process the claim.

(3)Third, although one who commits a crime may be required to

provide some forms of monetary restitution to society or to the victim, additional punishments are also available. Only fines are available in tort law. Rather, tort restitution relies primarily on monetary compensation.

(4)Finally,compensation paid individuals who have sued others in

civil courts is called damages.

3.Civil damages are categorized as general , special ,and punitive.

General damages compensate for any specific and demonstrable harm that has been caused .Special damages involve compensation

for “conscious pain and suffering.”Finally, punitive damages are awarded at the discretion of the jury, or as required by statute, if it is found that the behavior of the actor was the result of an intentional disregarded for the safety or well-being of others.

4.Substantive criminal law defines crimes and established publishments. Criminal procedural law outlines the procedures that must be followed. Thus, substantive law informs society as to what behavior is acceptable or unacceptable ,whereas procedural law directs the state as to the proper methods for apprehension and adjudication.

5.Miranda warnings. Until the Miranda warnings have been given, however , an individual cannot be lawfully arrested unless the police have probable cause to believe a crime has been or is being commited: That is ,a particular substantive law must first be violated before the state will begin its investigation.

6.Felonies , misdemeanors and infractions

7.The length or place of punishment often distinguishes a felony from

a misdemeanor. Another way to distinguish felonies from misdemeanors is by the so-called in presence rule.

8.They are not same, motives is defined as the “cause or reason that moves the will and induces action”. Intent relates to the state of mind at the time of the commission of the unlawful act. Failure to establish

an unlawful intent must result in acquittal.

9.mens rea , actus reus and causation

10.(1)the mere fact that a harm occurs does not necessarily mean a crime has been committed.

(2)if a person does not have a legal duty to act and in fact does not act, then that person cannot be held legally accountable for the unlawful acts of others.

(3)causation is considered to be the logical coming together of the mens rea and actus reus,resulting in a criminal wrong.

第五单元:CRIMINAL PROCEDURE

副课文:

1.Yes. first the human rights. second, convict innocent means that

you just do two wrong things.

2.The prosecutors. At the end of the presentation of the state’s

evidence .the grand jury members vote. Majority rule prevails. 3.An arrest occurs when a peace or police officer takes a suspect

into custody for the purposes of charging the individual with a crime. Arrests may also occur after an official arrest warrant has been issued by a magistrate or judge. The arrest may result from the police officer’s own perception that a crime has been or is

about to be committed .In order to get a warrant ,the official must convince the court that criminal activity has been or is being committed ,since courts may not issue warrants unless there is probable cause that criminal activity is afoot.

4.The decision to prosecute largely depends on the strength of the

state’s case against the accused. others:(1)attitude of the victim(2)cost to the system(3)harm to the suspect(4)adequate alternate procedure available and (5)suspect’s willingness to cooperate with law enforcement.

5.The magistrate or the preliminary hearing jury. Decide whether

the state had probable cause to arrest the accused.

6.At the arraignment, the accused must make a plea. The

arraignment is important also because the defendant is again informed of the charges , counsel is appointed (if the defendant is indigent), and bail is established.

7.The voir dire is the process used to select a jury. The peremptory

challenge ,allows either side to have prospective jurors excused without having to specify a particular reason. The challenge for cause , allows for the exclusion of a juror only if the excluding party (defense or prosecution)demonstrates that the individual cannot be impartial or cannot otherwise handle the responsibility of making a rational decision.

8.Typically ,jury instructions are not formulated by the judge ,

prosecution, or defense . Rather , “form”instructions are taken from standard jury instruction forms that have met the particular state’s basic requirements .These instructions are designed to be simple enough for the average juror to understand yet complete enough to avoid any potential reversible errors on appeal.

9.If a mistrial occurs, the defendant may be required to go through

the entire process again, since a retrial resulting from a mistrial does not constitute double jeopardy.

10.Possible sentences are outlined in the stage statues and are

occasionally determined by the jury but usually by the judge.

Sentences may be suspension, probation, jail term, fine, disqualification to hold public office or even capital punishment.

第六单元:CIVIL PROCEDURE

副课文:

1.The lawyer’s first task is to ascertain “the facts”. The facts your

clients alleges can be proved, and that they make a legal violation, you will now have to determine in what court you will “bring your action.”----what court has the jurisdiction.

2.(1)do nothing.(2)serve(and/or file in court) a motion to dismiss

for failure to state a claim.(3)serve (and/or file) an answer(4)serve(and/or file) an affirmative defense.

3.If it is granted , usually the plaintiff will be given an opportunity

to “replead”. If the motion to dismiss is denied , and the defendant has, in addition to moving to dismiss, controverted the plaintiffs’ allegations of fact, the case will go to trail. If she does not dispute the facts, there is no need for a trial .The case proceeds directly to judgment , on the law, which may be reviewed on appeal.

4.You may have “objections” to the introduction of evidence , for

example , on the ground that the evidence is inadmissible as hear say. If the court, after the defendant’s objection , lets the evidence in, defendant will “except”to the ruling and so preserve her right to challenge the ruling on appeal if the jury verdict goes against her.

5.The judge gives her instructions to the jury as to the applicable

law of the case. What usually happens is that each side draws up draft instructions and submits them to the judge. The judge then looks at the draft instructions submitted by both sides and decides which ones to give to the jury. Each side in the litigation may: (1)except, i.e. , record objections ,to any instruction or part thereof , which he believes is an erroneous

statement of the law; or (2)except to the refusal of the judge to give his instruction.

6.Most jury verdicts are general ,a statement of result in some

such form as “ We, the jury , find for the plaintiff in the sum of $5000”.So-called “special” verdicts , by which the jury answers specific questions of fact submitted to it by the judge ,are becoming more frequent.

7.The answer is that we require as a matter of law a minimum

amount of evidence to support the jury verdict.

8.The usual rule is that a losing party cannot appeal any errors of

the trial court which he did not call to the trial court’s attention by filing a motion for a new trial.

9.Before initiating an action it is important to assess whether the

defendant has the resources ,and the compliance, to satisfy a judgment.

10.The focus of the appellate court’s scrutiny is on the correctness

of the rulings of the trial court.

第九单元:CONTRACT LAW

主课文:

1. A contract is promise between two or more persons

involving the exchange of some goods or service. The resources of America is the case law and the UCC

2.In order to prevent fraud on the part of either party in the

exchange.

3.The Uniform Commercial Code (UCC) is the main body of

law that governs transactions involving goods.

4.The “void contract” is a contract held to be void does not

exist under law . In other words, although two parties may have come to an agreement , it is not recognized as a legal contract. Voidable contracts are contracts that may be canceled by one of the two parties involved .

5. A “quasi-contract”is not an actual contract; it is a

non-binding legal mechanism used in special circumstances to prevent one party from being severely harmed or unjustly enriched by an implicit arrangement.

6.不当得利

7.The essential feature defining these requirements are:

“capacity,” “mutual assent”“consideration”

8.Persons who are deemed incompetent due to physical or

mental illness lack capacity to enter into contracts.

9.Mutual assent is demonstrated by “offer” and “acceptance”.

10.The essence of consideration is that a party receives some

kind of benefit in return for his promise. No consideration ,no valid contract.

文秘英语

Unit 1 Before a candidate entered the company or moved up, he or she would be interviewed and tested by the ____. 选择一项: A. B. Finance Dept. C. D. 反馈 你的回答不正确 正确答案是:Personnel Dept. Within the organization chart, which one is at the top? ____. 选择一项: A. B. CEO

C. President D. Supervisory Board 反馈 你的回答不正确 正确答案是:Board of directors An applicant needs to prepare the ____ to let the employer see whether he/she has the right experience, skills, and personal qualities for the job. 选择一项: A. B. responsibility C. D. 反馈 你的回答不正确 正确答案是:resume A (n) ____ and ____ person could make a good secretary.

选择一项: A. optimistic; forgetful B. dutiful; efficient C. faithful; mouthy D. stubborn; inconsiderate 反馈 你的回答正确。 正确答案是:dutiful; efficient Which of the following description is NOT the secretary’s working responsibility? 选择一项: A. To collect and integrate information B. To handle travel arrangements C. To schedule meetings and appointments D. To hold board meetings

高英课本课后翻译答案

这是我整理的,希望对大家有用。蓝色部分是重点词汇。 第一课 1、一条蜿蜒的小路隐没在树荫深处。 A winding path loses itself in the shadowy distance of the woods. 2、集市上有许多小摊子,出售的货物应有尽有。 At the bazaar, there are many stalls where goods of every conceivable kind are sold. 3、我真不知道到底是什么事让他如此生气。 I really don’t know what it is that has made him so angry. 4、新出土的铜花瓶造型优美,可有精细、复杂的传统图案。 The newly unearthed bronze vase is pleasing in form and engraved with delicate and intricate traditional designs. … 5、在山的那一边是一望无际的大草原。 Beyond the mountains there is a vast grassland that extends as far as the eye can see. 6、他们决定买那座带有汽车房的房子。 They decided to buy that house with a garage attached. 7、教师们坚持对学生严格要求。 The teachers make a point of be ing strict with the students. 8、这个小女孩很喜欢她的父亲。 The girl is very much attached to her father. 9、为了实现四个现代化,我们认为有必要学习国外的先进科学技术。 To achieve the four modernization, we make a point of learn ing from the advanced science and technology of other countries. | 10、黄昏临近时,天渐渐暗下来了。 As dusk fell, daylight faded away. 11徒工仔细地观察他的师傅,然后照着干。 The apprentice watched his master carefully and then followed suit. 12、吃完饭弗兰克常常帮助洗餐具。 Frank often took a hand in the washing-up after dinner.

文秘英语教案1-1

案首

Knowing Career Warm-up activity Matching Are you really preparing for the hunting? What kind of preparation should you do before you start your job interview? Listed below are some things you need to get ready or familiar before your job interview. Try to match 1.certificate a.求职简历 2.job vacancy b.求职信 3.prospective employer c.毕业文凭 4.job duties d.证书 5.requirements for applicants e.职位空缺 6.major competitor f.招聘广告 7.major market g.潜在招聘方 8.want ad h.应聘条件 9.diploma i.应聘表 10.cover letter j.工作职责 11.application form k.主要市场 12.reasons for hiring l.主要竞争公司 13.corporate culture m.招聘原因 14.curriculum vitae n.企业文化 15.telephone screening o.电话筛选 16.shortlist p.最后候选人名单 Key to answers: 1. d 2.e 3.g 4.j 5.h 6.l 7.k 8.f 9.c 10.b 11.i 12.m 13.n 14.a 15.o 16.p II. Introduction to the topic Questions for students to discuss: 1. What do you want to do after graduation? 2. What should an employee do to hunt a job? 3. Have you ever experienced hunting a part-time job?

文秘英语教案

Knowing Career Warm-up activity Matching Are you really preparing for the hunting? What kind of preparation should you do before you start your job interview? Listed below are some things you need to get ready or familiar before your job interview. Try to match 1.certificate a.求职简历 2.job vacancy b.求职信 3.prospective employer c.毕业文凭 4.job duties d.证书 5.requirements for applicants e.职位空缺 6.major competitor f.招聘广告 7.major market g.潜在招聘方 8.want ad h.应聘条件 9.diploma i.应聘表 10.cover letter j.工作职责 11.application form k.主要市场 12.reasons for hiring l.主要竞争公司 13.corporate culture m.招聘原因 14.curriculum vitae n.企业文化 15.telephone screening o.电话筛选 16.shortlist p.最后候选人名单 Key to answers: 1. d 2.e 3.g 4.j 5.h 6.l 7.k 8.f 9.c 10.b 11.i 12.m 13.n 14.a 15.o 16.p II. Introduction to the topic Questions for students to discuss: 1. What do you want to do after graduation? 2. What should an employee do to hunt a job? 3. Have you ever experienced hunting a part-time job?

《高级英语(第一册)》课后翻译习题及答案

Lesson 1 1) Little donkeys thread their way among the throngs of people. little donkeys went in and out among the people and from one side to another 2) Then as you penetrate deeper into the bazaar, the noise of the entrance fades away, and you come to the muted cloth-market. Then as you pass through a big crowd to go deeper into the market, the noise of the entrance gradually disappear, and you come to the much quieter cloth-market. 3) they narrow down their choice and begin the really serious business of beating the price down they drop some of items that they don't really want and begin to bargain seriously for a low price. 4) he will price the item high, and yield little in the bargaining He will ask for a high price for the item and refuse to cut down the price by any significant amount. 5) As you approach it, a tinkling and banging and clashing begins to impinge on your ear As you get near it, a variety of sounds begin to strike your ear. X.1)一条蜿蜒的小路淹没在树荫深处 A zig-zag path loses itself in the shadowy distance of the woods. 2)集市上有许多小摊子,出售的货物应有尽有 At the bazaar there are many stalls where goods of every conceivable kind are sold. 3) 我真不知道到底是什么事让他如此生气。 I really don't know what it is that has made him so angry. 4)新出土的铜花瓶造型优美,刻有精细、复杂的传统图案。 The newly unearthed bronze vase is pleasing in form and engraved with delicate and intricate traditional designs. 5)在山的那边是一望无际的大草原。 Beyond the mountains there is a vast grassland that extends as far as the eye can see. 6)他们决定买那座带有汽车房的房子。 They decided to buy that house with. a garage attached. 7)教师们坚持对学生严格要求。 The teachers make a point of being strict with the students. 8)这个小女孩非常喜欢他的父亲。 This little girl is very much attached to her father.

法律英语练习题

Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.wendangku.net/doc/028841574.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a

法律英语课后问题整理

第一单元:LEGAL SYSYTEM 主课文: 1.The common law tradition originated in England. The decisions of the royal courts became the law common to the whole kingdom, the common law. 2.Both law and equity are part of what is called the common law. 3.Louisiana: civil law, the others: common law 4.The expression “civil law”, in Latin jus civilis, literally means the law of the citizens of Rome. Now the civilian jurists refer to what we call private law simply as “the civil law”( persons, property and obligations) 5.In common law countries ,cases are usually considered to be the primary source of law. In civil law countries, cases are not a source of law. 6.Civil law jurists will consider the civil code as an all encompassing document. On the contrary in common law jurisdictions legislation tends to be considered as an exception to the case law. 7.American legal education is very original and in many respects unique. The case method or Socratic method is peculiar to this country. 8.No, only through the postgraduate degree. 9.The case method is important in America, in other countries, the teaching style is magisterial—the professor express the law to his or

文秘英语

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高级英语课后翻译习题及答案

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