高英第四课-梁晨

A trial is the presentation of information in a formal setting, usually a court test the legality of sth./ to do the just In a court

1Judge 2Panel of jury---- jurors 3 Defendant 4 Prosecutor 5Police or the state prosecute 6Law/ counsel 7 Witness--- to testify on one’s behalf 8The defendant is indicted---- to charge formally 9 Defend in the court 10 Testify/ call the witness for the defense/ against 11Adjourn 12Jury retired 13 Verdict----guilty or innocent conviction.

the parties of a trial 双方的审判

2 Types of trial divided by the finder of fact

Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Bench trials are often resolved faster. Furthermore, a favorable ruling for one party in a bench trial will frequently lead the other party to offer a settlement.

Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials.

An appellate proceeding is also generally not deemed a trial, because such proceedings are usually restricted to review of the evidence presented before the trial court, and do not permit the introduction of new evidence.

Types of trial divided by the type of dispute

Trials can also be divided by the type of dispute at issue.

A criminal trial is designed to resolve accusations brought (usually by a government) against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials.

A civil trial is generally held to settle lawsuits or civil claims - non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials.

Administrative hearing and trial；Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to judicial setting, it is called an administrative trial, to review the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings is governed by administrative law and auxiliarily by the civil trial law.

Labor trial ；Labor law (also known as employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution. Chineses trial§American trial: 美国司法属于英美法系，使用判例法，具体到案件审理美国法庭主要由双方律师根据案件情况运用法律知识和证

据进行辩论，法官主要负责维护法庭秩序和决定由何方律师发言，以及对方律师抗议是否有效，最后案件的判决则由

社区随机选出的陪审团根据法庭辩论来决定。中国的司法制度归根应算是大陆法系，也就是成文法作为案件的依据，

具体到案件审理，则法官是法庭的最高权威，决定双方律师的陈述和辩论，并负责维护法庭秩序，最终案件的判决也

有法官依据宪法和相关法律，案件具体情况作出，判决已经做出即产生法律效力，对当事人双方均具有强制力。

美国大部分案件的审理是由陪审团做出裁决的(一些小的案件不如家庭纠纷离婚之类的就没有陪审团了)，陪审团是从当

地民众中随机抽出12人来，这是与中国审判系统最大的区别，因为裁决权真正还给了民众。而在中国，审判长、审判

员实际上都是政府的。政府要打击你的话，当然就能把你审出有罪，而在西方，政府则不可能为所欲为了，毕竟那十

二个人不是你可以任意安排的。美国是英美法系，对被审判的人的权利保护很注重。中国虽说是大陆法系，但实际上

连大陆法系都算不上，什么东西前面都可以加上非法，如非法集会，非法集资，非法生育等等，在美国你不可能判一

个人guilty of illegal assembly/illegal breeding，此外，中国还能定出聚众闹事这种罪名，聚众闹事是封建时代喜欢用的

从来都不是一个法律词汇更不是一个定义严格的法律上的罪名。这是定罪方面的区别。另外美国奉行的是没有禁止的

事就是合法，中国往往是法律允许的事才是合法的。

irony; irony; irony; assonance; oxymoron

Assonance: the repetition of vowel sounds to create internal rhyming within phrases 半谐音，Oxymoron：a figure of speech that combines contradictory terms

In the wake of…: to follow被告辩护人: defense attorney; defendant’s agent;

advocate被告代理人: defendant’s agent被告方面证人: witness for the defense

被告抗辩: plea in the bar被告口供: testimony of the accused

被告人权利: rights of the accused

1 * Barristers are lawyers who present and plead cases in law court.

2 on hand: available, present

3 within reach: the distance one can reach

4 at hand: near in time or place show them a few tricks : to do a few things / sth. to outwit the prosecution, or to have some clever and unexpected tactics and surprise them in the trial

5 reassuring arm: Obviously the arm can’t be reassuring; it means in a reassuring manner,

a friendly gesture to put John at ease. It is an example of “transferred epithet”.

Vocabulary

sulphur: AmE. sulfur. sulphurous: scathing, harsh

dispatch: a report sent by a journalist who is in a different town or country.

collapse:a. fall down or in, break to pieces. b. lose physical strength, courage, mental powers,

c. fail, break down.

1.resume: go on after stopping for a time resume: = curriculum vitae

2.squat: to sit on one's heels, or on the ground with the legs drawn up under or close to

the body.

3.perch: rest, stand or sit on some elevated place, usu. referring to birds; sit on the edge

of sth. that is not intended to be a seat.

4.gawk: look at sth. in a foolish way

5.spring: to bring forward suddenly, to produce as a surprise, to make known unexpectedly

to

6.trump card: (in card games such as bridge or poker) each card of a suit that has, for the

time being, higher value than the other three suits, means of gaining one's end Hearts (spades, clubs, diamonds) are trumps.

to play one's trump card: to make used of one's most valuable resource

7.startle: to give a shock or surprise, to cause to move or jump, be startle at the sight

of sth.

8.wile: a trick intended to deceive, skill in outwitting, an indirect means to gain an end,

an attempt to entrap or deceive with false allurements.

wily: full of wiles, cunning, crafty

The serpent by his wiles persuaded Eve to eat the apple. the wiles of the Devil

9.campaign: a group of military operations with a set purpose, usu. in one area; a series

of planned activities to gain a special object.

a political/ advertising campaign

10.passage: passing, act of going past, through or across

the passage of time

passing of a Bill so that it becomes law.

Passage of such a resolution depends on public support.

The Socialists did not co-operate with him in the passage of these laws.

11.resolute: fixed in determination or propose, firm; the word throws the emphasis upon a

determination which cannot be broken down as a quality of character and may suggest firm adherence to one's own purposes.

You must be resolute and do what you think best.

12.strode: walk with long steps

13.repel: to drive back by force, rebuff to repel an attack

14.punctuate:

a. to put stops / periods, commas, colons, quotation marks, etc. into a piece of writing.

b. to interrupt from time to time

15.fervent: that is, feels, or shows strong and warm feelings, passionate, vehement

a fervent desire to win fervour: the quality of being fervent

16.Amen: may this be true, so be it

17.enquire: question

18.mop: n. a bundle of strings, cloth, etc. fastened to a long handle for cleaning floors

v. to wipe up with a mop, to wipe away sweat with a handkerchief

100.bald: hairless, leafless, featherless.

cf: bold

101.dome: rounded roof with a circular base. sth. shaped like a dome

102.snigger: (AmE snicker) to laugh in a disrespectful more or less secret way giggle, snort

103.twirl: to turn round and round quickly, to cause to spin, to cause to curl pursue: to follow in order to overtake, capture, kill, or defeat

104.condemn:

a. to declare s

b. to be wrong or evil usu. after weighing evidence

b. to pronounce guilty, sentence, convict, state the punishment

c. to force into an unhappy state

CONDEMN carries very strong judicial connotations. It implies a final decision or a definitive judgement. It commonly suggests a wholly unfavourable judgement.

DENOUNCE adds to condemn the implication of public declaration.

When meaning to criticise, the two words are similar in usage.

livid: blue-grey, as of marks on the skin after being his (bruise)

105.slur: an unfair damaging remark

Don't slur my brother's reputation.

The rumours cast a slur upon my good name.

The neighbours talked about each other with ugly slurs.

106.gravel: hammer

107.quell: to quiet, to cause to cease, to put down

108.hubbub: a mixture of loud noises din

109.forlorn: (typical of one who is) left alone and unhappy, deserted and in poor condition, sad and lonely because of isolation or desertion; it suggest sadness, woe, at separation from someone dear.

as forlorn as King Lear at the end of his days.

110.hail: a. to salute, greet with enthusiastic approval b. to summon by calling

111.on the books: in a list of members, records. Here, still listed in the law.

112.wake: track left by a ship on smooth water in the wake of: after, following sulphurous ( adj.) :violently emotional；heated；fiery异常激动的；激烈的；暴怒的

dispatch ( n.) :a news story sent to a newspaper，radio station，etc. ，as by a special reporter or news agency(特派记者或新闻社发给报社、电台的)(新闻)电讯，电文，通讯

yokel ( n.) :[a contemptuous term]a person living in a rural area；rustic；country bumpkin[贬]

乡巴佬，土包子

perch ( v. ) :alight or rest on or as on a perch栖息；停歇；坐在高处

gawk ( v. ) :stare like a gawk，in a stupid way(像呆子般)呆呆地盯着，呆视

repel ( v. ) :drive or force back；hold or ward off击退；抵挡住

fervent ( adj.) :having or showing great warmth of feeling；intensely devoted or earnest；ardent；passionate热烈的，满怀热情的，热心的，深表热诚的；强烈的

Genesis ( n.) :the first book of the Bible，giving an account of the creation of the universe 《创世纪》(《圣经·旧约》的首卷)

snigger ( n.) :a sly，derisive，partly stifled laugh窃笑；暗笑

twirl (v. ) :rotate rapidly；spin(使)快速旋转，(使)迅速转动

serpent ( n.) :a snake，esp. a large or poisonous one蛇(尤指大蛇或毒蛇)

livid ( adj.) :grayish—blue；pale；lead—colored青灰色的；铅色的

slur ( n.) :any remark or action that harms or is meant to harm someone's reputation；aspersion，reproach，stigma，etc. 诽谤；污辱；诋毁，中伤，破坏……的名誉

gavel ( n.) :a small mallet rapped on the table by a presiding officer in calling for attention or silence or by an auctioneer(会议主席、法官或拍卖商用以敲击桌子的)小木槌，议事槌

quell ( v. ) :crush；subdue；put an end to镇压；平息

hubbub ( n.) :a confused sound of many voices；noise；uproar；tumult吵闹声，喧哗，喧嚣；鼎沸；骚动

forlorn (adj.) :abandoned or deserted被抛弃的；被遗弃的；孤独的，寂寞的／forlornly adv. verdict ( n.) :the formal and unanimous finding of a jury on the matter submitted to them in a trial裁定；判决

conviction ( n.) :a convicting 0r being convicted证明有罪；(被)判罪；定罪

短语 (Expressions)

adhere to : continue to obey or maintain(esp，a rule，standard or belief)坚持，忠于例： She adheres to her principles throughout her teaching career. 她在整个教学生

涯中始终坚持自己的原则。

take on : begin to have呈现

例： Her voice took on a troubled tone. 她的声音里有些不安。

under way: begin，start (开始)进行，在前进中。

例： We have several plans under way. 我们已将几项计划付诸实施。

RHETORIC

Metaphor: No one … that may case would s nowball into …

… our town … had taken on a circus atmosphere.

The street … sprouted with…

He thundered in his sonorous organ tones.

...champion had not scorched the infidels …

… after the preliminary sparring over legalities …

Simile:… swept the arena like a prairie fire

… a palm fan like a sword …

Metonymy… tomorrow the magazines, the books, the newspapers...

The Christian believes that man came from above. ...below.

Hyperbole:The trial that rocked the world

Ridicule:Bryan, ageing and paunchy, was assisted ...Bryan mopped his bald dome in silence. Sarcasm: There is some doubt about that.

Transferred epithe t Darrow had whisper throwing a reassuring arm round my shoulder. Antithesis (对偶):The Christian believes that man came from above. The evolutionist believes that he must have come from below.

Assonance (谐音法):when bigots lighted faggots to burn …

Repetition: The truth always wins … the truth… the truth…

Pun: Darwin is right --- inside. A pun is a play on words, or rather a play on the form and meaning of words. It is not strictly a figure of speech, but because it relied heavily on metaphorical or figurative meanings of words for its effect, it is often included in lists of such figures.

a. Words or phrases having two or more distinct meanings. Homonyms.

Local carpenter seeks local dentist for trade of skills. "I'll build your bridge, you build mine."

Standing at the door and looking at the newly employed young secretary, the two colleagues talked to each other. "She is pure and too inexperienced. We ought to teach her what is right and what is wrong." "Yea," said the other, "you teach her what is right and I teach her what is wrong."

For a church outreach visitation program, I was paired with a rather reserved woman. We knocked on one house’s front door. Thinking no one was home, we started to walk away. Just then, a man wrapped in a bath towel, dripping wet, appeared at the upstairs window. “We hope you can visit our church sometime,” my partner called up. “We’d like to see more of you.”

b. words having the same or almost same sound but differing in form and meaning. Homophones. Seven days without water makes one weak.

Then there was the man in the restaurant. "You're not eating your fish," the waitress said to him. "Anything wrong with it?" "Long time no see (sea)," the man replied.

The major was about to address his men when the general came. The general talked to the soldiers and left. Then the major announced:" The general had just made a general speech. Now listen the major points."

An ambassador is an honest man who lies abroad for the good of his country. Oxymoron: formed by conjoining of two contrasting, contradictory or incongruous terms. Malone called my conviction a "victorious defeat".

bitter sweet memories

proud humility

orderly chaos

a damned saint

an honourable villain.

Irony: marching backwards to the glorious age of the 16th century

Irony: a figure of speech that achieves emphasis by saying the opposite of what is meant, the intended meaning of the words being the opposite of their usual sense.

Hiroshima---the liveliest city in the world.

Transferred epithet

Two high points of color appeared in the paleness of the Duchess of Croydon’s cheeks.

two points of high colour (high colour 指红晕)

“Thank you,” he said as the three of them shared a lingering hug.

“谢谢你们。”他说道, 这三个人久久地拥抱在一起。

此处讲一个人落水被救, 因而对救他的人心怀感激。

He must be doing some cold calculating just now.

刚才他肯定是在冷静地计算着。

Insurgencies tend to be resolved at the bargaining table.

(In for a dime, in for a dollar? By Linda Robinson U.S. News Oct.4 1999)

叛乱只能在谈判桌边才能解决。

On his sick bed he summoned his sons and daughters into his presence.

He passed many an anxious hour in the train.

I spoke to him in hesitant English. He lives by honest labour. No one … that m ay case would snowball into... … our town … ha d taken on a circus atmosphere. The street … sprouted with …He thundered in his sonorous organ tones. … champion had not scorched the infidels …… after the preliminary sparring over legalities …

accuse, charge, prosecute, blame One accuses sb. of cheating.

One charges sb. with cheating. One prosecutes sb. for theft.

One blames sb. for the failure.

least of all: to an insignificant degree

take on: begin to have (a particular quality, appearance, etc), assume sth.

preliminary: introductory, preparatory

sip: to drink in small quantities suck: to draw (as liquid) into the mouth

sap: to drain the fluid part of a plant,

intellect, intellectual, intelligence, intelligent

trump card: (in card games such as bridge or poker) each card of a suit that has, for the time being, higher value than the other three suits Hearts (spades, clubs, diamonds) are trumps. to play one's trump card: to make used of one's most valuable resource enquire, inquire: question

mop: to wipe up with a mop, to wipe away sweat with a handkerchief

bald: hairless, leafless, featherless

on the books : (here) still listed in the law

wake: track left by a ship on smooth water in the wake of: after, following

not a bit / piece / scrap / shred of evidenc e

resume: go on after stopping for a time resume---curriculum vitae

acquittal n.: setting free (of an accused person) by a verdict of not guilty 无罪开释/ performance of duty 尽职责/ payment of debt 偿还债务

to start a prosecution against sb. 检举某人 the Director of Public Prosecutions 检察官 Public Prosecutor 检察官attorney-general 检察长，首席检察官