法律英语课后问答题

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第一单元

1．How was the common law established?

答：The common law tradition originated in england, when william conquered england. He did not abolish the local law and the local court,Besides that, he established roaly courts,whose decisions developed common law. The main tradition of common law is stare decisis. Commom law spreaded all over the world ,following the english’s coloney. After the world war two ,the hegemomy of the US also contributed the expansion of the common law. In today’s world common law exisits in Englao and US ,Austrilia Canada, Hk ,etc.

2. what does the common law tradition include？

答：The main traditional source of the common law is case, not legislation. When the common law evolved into an unfair set of rigid and formal procedural rules. The king created a new court rather than to amend the law. However there were so many petitions that the court of Chancery , which could grant a discretionary relief to correct the common law. The decision of this court gave birth to a body of equlity. Both law and equlity are part of the tradition of common law.

3. how does the cilvil law estalished ?

答：The origins of the civil law can be traced to Twelve T ables of the Republic of Rome, the law of the city of Rome. After the fall of the western Rome Empire, the so –called barbarians brought their law to Rome., which trigged the process of the vulgraized Rome law. In this time, only canon law kept intact many elements of the Rome law. Howerve , in 529-534year, the eastern Rome Empreor Justinian published the corpus Juris Civilis. At the end of 17th century, the university of Bologna started to teaching Roman law., more spcifically the corpus Juris Civilis. Many other universities followed. The French and German codes are two main civil law models.

4.Legal methods in two system ?

答：As to the students, in common law, rinc method classes start with the study of the case, because that cases are considered to be the primary source of the law. In civil law, things are diffrernt, cases are not as important as that in common law. Therefore ,the study mainly is the legislation.

As to the jurists, in common law rinciple on, the court has a rincipl to interpret legislation more strictly. Legislation are considered to be an exception to the case law. Both of them will not tend to use abstract trems or to enunciate general rinciple.

5. How is the case law created ?

答：The decision of judges ,or of other officials empowered by the constitution or laws of a political entitiy to hear or decide controversies, creat case law, which is generated by a particular decision, or a collection of the particular decision

6. What does a particular decision mean to the parties ? to a lawsuit ? to the lawyers ，judges, and the law studdents ?

答：To the parties to lawsuit, a particular decision is the udges te outcome. The result the tribunal reaches in their cases. To the lawyes, udges and the law students, it means a possible source of general applicable case law. In other word, it becames authority for deterring the following controversies.

7.According to the prof. Liwellyn , what creat a legal system of the precendent? When and why?

答：Case law in some form and to some extend is found wherever there is law. A more serial of

individual case dose not of course constitutes a system of law. But in any judicial system, rules of law arises sooner or later out of such decision of cases. Generalization contained in or built upon past decisions, when taken as normatives for future disputes, creat a legal system of precedent. 8. What might happened if a court follows the precedent mechancially ?

答：At time ,it will perpetuate legal rules and concepts that have outlived their usefulness and maintain an acceptable accommodation of competing values of stabilty in a law.

9．What is the problem remaining in the legal system recognizaing put decisions as authortitative sources of law for future cases?

A:

10.Explain two latin trems :stare decisis and res judicates?

答：Stare decisis , for the impact of the decision as precedent.

Res judicates ,for its effect as a resolution of the immediate ontroversy

11. What doctrine bars a person from suing on the same claim?

答：Res judicate

12.Can you explain the difference between the binding precedents and persuasive precedents?

答：The difference is much like the difference between the holding of a case and dictum in a judicial opinon, the holding being filly authoritative and generally binding and the ictum only ,again persuasive authority.

13. How does a court of last resort in one state usually make use of outstate decision ？

答：Such outstates decisions are not full-fledged precedents, but they are ccorded the status and weight of persuasive authority, which means that they are not binding in any sense but have , often very great influence, in cases where is no local precedent or local precedents are conflicting and unclear .

14.Why does the case law process in American court thus have a considerable comparative-law ingredient?

答：A court of last resort in one state does not consider itself bound to follow anotherr state’s case law rules , but it will carefullly consider the outstate’s ddecisions ,if it finds their reasoning persuasive ,make use of them as sources of guidance and justification. This activity is not suprising . The “reception” of the common law in the US means that all the case law decision of each state reflect common law principle

第二单元

第四单元

1.List some of typical forms of punishment mentioned in the text. Do you know any other

forms of punishment used in the U.S.?

答：Typical forms of punishment include death, imprisonment, fine, removal from public office or disqualification from holding public office, probation, and restitution.

2.What are the differences between civil and criminal law?

答：A crime is considered to be wrong against all of society, whereas a tort is considered to be a private matter between the parties directly involved. The second distinction involves the persons

who actually prosecute the case. 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 readily available. Rather, tort restitution relies primarily on monetary compensation. Finally, compensation paid individuals who have sued others in civil courts is called damages. Although it is extremely rare, civil courts occasionally award what was known as punitive or exemplary damages to a harmed party.

3.How are civil damages categorized? When do they apply?

答：General damages compensate for any specific and demonstrable harm that has been caused. Special damages involve compensation for “conscious pain and suffering.” 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 disregard for the safety or well-being of others.

4.What are the differences between substantive law and Procedural law?

答：Substantive criminal law defines crimes and establishes punishments. Criminal procedural law outlines the procedures that must be followed during the investigation of crimes , in the apprehension of offenders, and in the determination of the individual’s innocence or guilt. 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.What kinds of legal rights the police must advise the suspect of before any interrogation?

What is the significance of the case Miranda v. Arizona?

答：The so-called Miranda warnings represent procedural law because the police have been directed by that famous U.S. Supreme Court case to advise the suspect of a variety of legal rights that he or she has. 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 committed : That is, a particular substantive law must first be violated before the state will begin its investigation.

6.How are the crimes classified?

答：Felonies, Misdemeanors, and Infractions.

7.How are felonies distinguished from misdemeanors?

答：Any crime generally punishable by more than six months in prison is considered to be a felony, whereas a crime requiring punishment of less than six months is a misdemeanor. Another way to distinguish felonies from misdemeanors is by the so-called in presence rule.

8.Are motive and intent the same? If not, what are the differences between them?

答：Motive and intent have completely different legal meanings. Motive is defined as the “cause or reason that moves the will and induces action.”Intent relates to state of mind at the timeof commission of the unlawful act.

9.What are the elements establishing the criminal liability?

答：It is generally recognized that three legal elements must be proved before one is declared to have committed a crime. These elements are referred to as (1) mens rea, (2)actus reus, and (3)causation.

10.Explain the significance of mens rea, actus reus, and causation.

答：The intent is inferred from the grossly negligent behavior of the accused. The actus reus element relates to the “doing” part of the crime. Finally, 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

1.Do you agree with the statement that “it is better to free guilty persons than to convict

innocent ones”?

答：It often has been stated that it is better to free guilty persons than to convict innocent ones. 2.Who files the bills of information, the prosecutor or the grand jury? How does a grand

jury decide whether or not to return a “true bill”?

答：Prosecutor may file what are called bill of information. If a majority of the members believe a crime has been committed, then a “true bill” is returned, and the accused is bound over for trial. If the majority believes no crime has occurred, then a “no bill”is returned, and the matter is terminated.

3.When does an arrest occur? What does it result from?

答：An arrest occurs when a peace or police officer takes a suspect into custody for the purposes of charging the individual with a crime. The arrest may result from the police officer’s own perception that a crime has been or is about to be committed. Arrests may also occur after an official arrest warrant has been issued by a magistrate or judge.

4.What factors may affect the decision to prosecute, according to the passage?

答：A variety of other factors also affect the decision, including: (1) attitude of the victim, (2)cost to the system, (3) harm to the suspect, (4) adequate alternate procedure available, (5)suspect’s willingness to cooperate with law enforcement.

5.Who conduct a preliminary hearing? What must they decide after the presentation of

the case?

答：In all state jurisdictions the accused is granted either a preliminary hearing or a grand jury hearing, and in a few states defendants are guaranteed both proceeding. After the presentation of the prosecutor’s case the accused has the right to cross-examine witnesses and produce favorable evidence.

6.Why is the arraignment important?

答：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.What is the function of voir dire? Do you know the difference between peremptory

challenge and the challenge for cause?

答：The voir dire is the process used to select a jury. The first, called the peremptory challenge, allows either side to have prospective jurors excused without having to specify a particular reason. The second method, called the challenge for cause, allows for the exclusion of a juror only if the excluding party demonstrates that the individual cannot be impartial or cannot otherwise handle the responsibility of making a rational decision.

8.Why are the “form” instructions designed to be simple?

答：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.What would happen if a mistrial occurs?

答：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.What kinds of sentences may be imposed if the accused is found guilty?

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

第二单元

1.What kind of cases do the inferior courts deal with? What are some of the limits that are

imposed on them?

答：The inferior courts deal with civil suits involving relatively small amounts of money and minor violations of the criminal law.

2.What kinds of cases are the trial courts of general jurisdiction empowered to try?

答：A court empowered to try all kinds of cases, without monetary or subject matter limitation. 3.What is the function of the “court of last resort” of each state?

答：To review the action of the lower judicial tribunals of the.

4.Why are appeals to the courts of last resort limited? What does the “screening out”

function refer to?

答：Because most states have created intermediate appellate courts, empowered to strain out and finally dispose of the bulk of appellate litigation. The “screening out” function refer to

5.What is the significance of the statute passed by the first Congress on September 24,1789,

according to the author?

答：This statute, entitled “An Act to establish the Judicial Courts of the United States,” embodied the first Congress’s decision on the issue that the Constitution itself had not resolved.

6.What is the number of judges presiding over the trials in a District Court?

答：Trials in a District Court are normally presided over by a single judge and in a few situations, a three-judge court must be convened.

7.What must be the jurisdiction of a District Court based upon? What does the workload

of the District Court make up?

答：It must be based either on the character of controversy or on the character of parties to the controversy. Most of the cases which make up the workload of the District Courts are within one or another of three categories: (1)cases to which the United States is a party; (2)cases involving a “federal question,” (3)cases involving “diversity of citizenship”.

8.Which court has jurisdiction over “diversity of citizenship” cases, a federal court, or a

state court? Why?

答：

9.How can people get their appeals reviewed by the U.S. Supreme Court?

答：It can be secured only by a “petition for a writ of certiorari”.

10.What is the policy underlying the discretionary nature of the Supreme Court appellate

jurisdiction?

答：

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1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies

法律英语翻译练习与答案-0609

练习1：外国合营者如果有意以落后的技术和设备进行欺骗，造成损失的，应赔偿损失。If the foreign joint venturer causes any losses by deception through the intentional use of backward technology and equipment, it shall pay compensation for the losses. 修改提示：单复数考虑不周；用语不够简洁。 答案（修改要点）：causes any losses →causes any loss(es) 造成一项或多项损失时都应当赔偿，不能仅用复数形式。 pay compensation for the losses →pay compensation therefor (therefor=for that/them) 练习2：人民法院、人民检察院和公安机关办理刑事案件，应当分工负责，互相配合，互相制约，以保证准确有效地执行法律。 原译文：The people’s courts, people’s procuratorates and public s ecurity organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law. 修改提示：“分工负责”，应理解为：侧重点在“负责”，而非“分工”，即分工过程中各负其责；respective 比own 更为妥当、准确；原来的译文中，and they shall …比较啰嗦，更严重的问题是，使to ensure …割断了与divide their functions 的联系。 答案（修改要点）：in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.→… in handling criminal cases, take responsibility for their respective work while dividing functions, co-ordinate, and check each other, to ensure correct and effective enforcement of law. 练习3：商标注册人享有商标专用权，受法律保护。 原译文：Trademark registrants shall enjoy the right to exclusive use of their trademarks and shall be protected by law. 修改提示：商标专用权的译文“貌合神离”，立法原意是“商标专有权”；受法律保护的主语有些歧义，可加括号处理；原文shall滥用，因为并未刻意强调“必须，一定要”。 答案（修改为）：Trademark registrants have the exclusive trademark right, (and are) protected by law. 练习4：被告人的犯罪情节极其严重、社会影响极其恶劣、社会危害极其严重。 原译文：The extremely serious circumstances of the offense committed by the accused have brought abominable influence and severe hazard to the whole society. 修改提示：bring的用法有些生硬，动宾搭配不太适当。 答案（修改为）：have brought abominable influence and severe hazard to the whole society. → have exerted an abominable influence and posed a severe hazard to society. (exert, vt. 施加，产生，如exert pressure on, exert an influence on; abominable, adj. 可恶的，极坏的；pose v. 提出，形成，成为；使摆好姿势pose a problem; pose an obstacle/a threat to …) 练习5：买卖双方同意按下列条款由卖方出售，买方购进下列货物：货号; 品名及规格；数量；单价；总值(数量及总值均有_____%的增减, 由卖方决定)；生产国和制造厂家；包装；唛头；装运期限；装运口岸；目的口岸；保险；

初中英语人教版七年级下册课后作业

It is raining 一.单项选择： 1.What _______ day it is today! A. a sun B. sunny C. a sunny D. sun 2.--- ______ --- It’s cloudy. A. What’s this? B. Do you like the weather here? C. Is the weather fine? D. How’s the weather now? 3. --- Hello! _____ Ann. Is that Sue speaking? --- No, she is out. A. This is B. I’m C. That is D. She is 4. --- _____? --- He is watching TV. A. What’s Jeff doing ? B. What is Jeff C. How is Jeff D. What does Jeff like 5. Look, The children _______English now. A. study B. studies C. is studying D. are studying 6.--- How is the weather today? --- It’s ____. A. sunny B. Sunday C. long D.June28 7. It often _____ in South China. A. rain B. rainy C. rains D. to rain 8.--- Hi, Tenny. ______ speaking . --- Oh, hi, Tony. A. I’m Tony B. This is Tony C. That is Tony D. There is Tony 9.--- I want to go to Beijing tomorrow. --- _____. A. That’s all right B. Sounds like a good idea C. You’re right D. No problem 10.Joe can play ___ violin, but he can’t play ____ basketball well. A. the, \ B. the, the C. \,\ D. \, the 11. --- Le t’s watch TV after dinner. --- _____. A. Yes, I’d love to B. Sorry, I’m not C. I don’t know D. That’s a good idea 12. --- Are you a _____? ---Yes, I am ______ now. A. cooker, cooking B. cook, cooking C. cooker, cook D. cook, cook 13.There is a lot of ______ today in Hainan. A. wind B. winds C. windy D. winding 14. It’s _______, but it’s very hot. A. cloud B. clouds C. clouding D. cloudy 15.My new ______ can tell me the right time. A. cloud B. watch C. read D. cook 16.--- Where is Bruce? --- He is _____ at the pool over there. A. swim B. swims C. swiming D. swimming 17.Everyone in our class ______ here. A. am B. is C. are D. be