法律英语课后作业
法律英语教程课后练习题含答案
法律英语教程课后练习题含答案本文是法律英语教程课后练习题的答案文档，共计包含6道练习题，每个练习题都要求以英语书写，旨在提高法律英语的水平。
练习题1What is the difference between litigation and arbitration?答案Litigation involves a lawsuit in a court of law, where a judge or a jury decides the outcome of the dispute. Arbitration, on the other hand, is a process in which two parties agree to have a neutral third party hear their dispute and render a decision. The decision is binding and may not be appealed.练习题2What is a contract?答案A contract is a legally binding agreement between two or moreparties that creates obligations that are enforceable by law. Each party in a contract agrees to perform certn obligations in exchange for some form of consideration.练习题3What is a tort?A tort is a civil wrong that causes harm or injury to another person or property. Examples of torts include negligence, defamation, invasion of privacy, and intentional infliction of emotional distress.练习题4What is intellectual property?答案Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. The law protects intellectual property through patents, trademarks, and copyrights.练习题5What is a trademark?答案A trademark is a symbol, word, phrase, or design that identifies and distinguishes the goods or services of one party from those of another. Trademarks are protected by law and can be registered with the government.练习题6What is the difference between a felony and a misdemeanor?A felony is a serious crime that is punishable by imprisonment in a state or federal prison for more than a year. Examples of felonies include murder, robbery, and drug trafficking. A misdemeanor, on the other hand, is a less serious crime that is punishable by a fine or imprisonment in a local jl for up to a year. Examples of misdemeanors include traffic violations, disorderly conduct, and petty theft.以上是本文的6道法律英语练习题及答案，希望对您的法律英语学习有所帮助。
13级法律英语作业
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第一次作业翻译教材第七课刑法练习第2 题listening compression 段落第二段。
在起诉后，被告的律师做了一个精神病的辩护，证明欣克利是在精神错乱（精神病的状态下）不能控制自己的情况下进行射击的。
在审判时，在起诉时，精神病医生证实，欣克利精神正常的，但在辩护时，精神病医生证实欣克利是处于神志不清的状况的。
通过欣克利的质疑并随着他的逮捕，FBI代理人已经掌握了一些与这个精神病辩护问题的相关的背景信息。
但是，华盛顿地区法院规则中背景信息不能被用作证据，因为这是一个欣克利申请律师之后在讯问进行的结果，是违反米兰达规则中的法律原则的。
这个法院判决被华盛顿起诉法院所证实，而且政府也没有采取进一步公诉的行动。
在评议后，审判陪审团发现，欣克利是精神有问题的精神病，换句话说，被告不应该对开枪（枪杀）负责任。
第二次作业：关于陈满无罪释放案：英译中The acquittal of 54-year-old Chen Man who spent 23 years in prison having been wrongly convicted of arson and murder became an instant hot topic minutes after his release on Monday.陈满因放火和谋杀错误定罪而被监禁23年的，54岁时无罪释放,在他星期一获释后几分钟内成为一个即时热点话题。
Chen from Sichuan province was handed a suspended death sentence in 1994 having been accused of killing a man in Haikou, capital of Hainan province, and then setting a fire to destroy evidence.陈满被控在海南省的首都海口杀了一个人而且放火烧毁证据，在1994年从四川省上交并判处死缓。
法律英语教程答案
法律英语教程答案【篇一：法律英语课后习题大全】how was common law established?answer: the common law tradition originated in england. a new legal order was established as early as 1066 by the norman conquest, but the common law did not exist in1066.william the conqueror did not abolish the local customs and the local courts. local courts continued to apply local customs. there was no law common to the whole kingdom. the king did however establish some royal courts at westminster. their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell into disuse. the decisions of the royal courts became the law common to the whole kingdom, the common law.1.what does the common law tradition include according to the text? answer: according to the text, the common law tradition includes law and equity.2.how different is the legal system of louisiana from the rest of the united states?answer: the common law was received in many countries such as united states, but the louisiana excepted, because where the civil law was in place before the united states gained jurisdiction.4．what does “civil law ”mean?answer: the expression “civil law ”,in latin jus civilis, literally meansthe law of the citizens of rome. it is the law of the city of rome, the law applied to a citizen (in latin, civis) of rome as opposed to the law applied to a non-citizen.5.what is the main difference between the civil law system and common law system?answer: first and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory. civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictionslegislation tends to be considered as an exception to the case law.6.what different attitudes do the civil law system and the common law system hold towards case law?answer: cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly.7.what is significant about the american legal education? how is law school teaching different from ours?answer: american legal education is very original and in many respects unique. legal education tends to be longer than other common lawcountries; law is a postgraduate degree in the u.s.the teaching style is magisterial----the professor exposes the law to his or her students, who take notes and do not intervene in class.8. is law degree an undergraduate degree in the u.s.? how do people get a law degree in the u.s.?answer: no, the law degree is a master degree in the u.s., the students must have at least a bachelors degree in some areaof study, and then to study the law and get the law degree.9. can you compare the legal method employed in the american legal education and the legal method used in other countries?answer: american legal education is a very original and in many respects unique. the case method or socratic method is peculiar to this country .it must be clear to you by now that the case method could not have been thought of in a civil law country. in those countries (as in the case in england) law is an undergraduate degree. legal education tends to be longer than in the united states. the teaching style is magisterial-the professor exposes the law to his or her students, who take notes and do not intervene in class.10. who play an important role in defining the law in civil law system, law professors or judges? what about the common law system?answer: law professors, because civil law students will read law doctrine more than cases. the doctrine is the cumulated writings oflaw professors on what the law is or should be. in civil law the doctrine is considered to be a source of law and a highly respected one. you have to remember that the university, not the courts, reintroduced the civil law in continental europe. it is therefore not surprising that law professors still have an import role in defining the law. common law professors generally do not enjoy a similar prestige within their own jurisdiction. here the judges get most of the prestige. 1. how is case law created?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.2. what dose a particular decision mean to the parties to a lawsuit?to the lawyers, judges, and law students?1) from the point of view of parties to a lawsuit or other contestedcontroversy, what matters is the immediate outcome, the result the tribunal reaches in their case. it means wether the aggrieved party or damaged party will obtain a remedy.2) in the view of judges, lawyers and law students, however, the decisiontakes on broader perspective. the decision becomes a possible source of general applicable case law.3. according to professor llwellyn, what creates a legal system ofprecedent? why and when?1) those generalizations contained in, or built upon, past decisionscreate a legal system of precedent.2) because as rules of action arise out of the solution of particularproblems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized.3) when those generalizations are taken as normative for future dispute,a legal system of precedent created.4. what might happen if a court follows the precedentsmechanically?a court that follows precedent mechanically or too strictly will at times perpetuate legal rules and concepts5. what is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?the continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases 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.6. explain these two latin terms: “stare decisis” and “res judicata”?【篇二：法律英语教程第2单元text a翻译】高法院以“一种强烈地分裂的争议”的方式谈及了堕胎案，这种争议“有寻常案件的判决所不具有的维度”。
法律英语作业文档
法律英语作业文档HOMEWORK《一》解释下列术语Legal system法系Legal English 法律英语Common law……………………普通法Civil law……………………………大陆法Advocate是指学习法律、依法获准执业、为当事人提供法律意见，并有资格出庭参加案件公开审理的律师，即辩护律师（英美不用）；指法国等地律师、法律顾问。
1、attorney, attorney at law;广泛用于美国，指授权为当事人代理案件的律师；,2、barrister词源自英格兰法律，多用于英国、新加坡等国和香港地区，又称大律师、辩护律师，指有资格出席高等法院法庭的律师。
3、solicitor多用于英国、新加坡等国和香港地区，又称初级律师、诉讼律师，在香港称为事务律师，多从事诉讼、咨询等事务性工作，有资格出席初级法庭包括刑事案件的庭审。
4、counsel指接受指派，专门为个人、公司和政府公务部门提供法律服务的人，称为法律顾问。
Counselor经常与counsel或counselor at law互用，多指从事出庭诉讼的律师。
Counselor-at-law又拼为counselor at law用法同counselor和counselor at law。
5、Defense counsel指辩护律师。
6、Counsel pro hoc vice指仅仅代理某案件的律师。
7、Agent ad litem诉讼代理人，常用于书面用语。
Party (the agent) appointed by anotherparty (the principal) to represent its interests in a court case.8、Benngoshi日本人对律师的称呼，称为“辩护士”。
9、Esquire主要用于美国，是对律师的尊称，多以缩写形式出现，加在律师姓名之后，如John Smith Esq., Will Lee Esq.10、Gentleman of the (long) robe是对律师的比喻性称谓，不直接修饰某律师。
法律英语课后习题大全
法律英语课后习题大全重点的课文：(1AB 2A 3B 4A 5B 6B)Unit1A1. How was common law established?Answer:the common law tradition originated in England. a new legal order was established as early as 1066 by the Norman conquest, but the common law did not exist in 1066.William the conqueror did not abolish the local customs and the local courts. Local courts continued to apply local customs. There was no law common to the whole kingdom. The king did however establish some royal courts at Westminster. Their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell into disuse. The decisions of the royal courts became the law common to the whole kingdom, the common law.1.What does the common law tradition include according to the text? Answer: according to the text, the common law tradition includes law and equity.2.How different is the legal system of Louisiana from the rest of the United States?Answer: the common law was "received" in many countries such as United States, but the Louisiana excepted, because where the civil law was in place before the United States gained jurisdiction.4．What does “civil law ”mean?Answer: The expression “civil law ”,in Latin ju s civilis, literally meansthe law of the citizens of Rome. It is the law of the city of Rome, the law applied to a citizen (in Latin, civis) of Rome as opposed to the law applied to a non-citizen.5.What is the main difference between the civil law system and common law system?Answer: First and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory. Civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictions legislation tends to be considered as an exception to the case law.6.What different attitudes do the civil law system and the common law system hold towards case law?Answer: Cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly.7.What is significant about the American legal education? How is law school teaching different from ours?Answer: American legal education is very original and in many respects unique. Legal education tends to be longer than other common lawcountries; law is a postgraduate degree in the U.S.The teaching style is magisterial----the professor exposes the law to his or her students, who take notes and do not intervene in class.8. Is law degree an undergraduate degree in the U.S.? How do people get a law degree in the U.S.?Answer: no, the law degree is a master degree in the U.S., the students must have at least a bachelor's degree in some area of study, and then to study the law and get the law degree.9. Can you compare the legal method employed in the American legal education and the legal method used in other countries?Answer: American legal education is a very original and in many respects unique. The case method or Socratic method is peculiar to this country .it must be clear to you by now that the "case" method could not have been thought of in a civil law country. In those countries (as in the case in England) law is an undergraduate degree. Legal education tends to be longer than in the United States. The teaching style is magisterial-the professor exposes the law to his or her students, who take notes and do not intervene in class.10. Who play an important role in defining the law in civil law system, law professors or judges? What about the common law system? Answer: law professors, because Civil law students will read "law doctrine" more than cases. The "doctrine" is the cumulated writings oflaw professors on what the law is or should be. In civil law the "doctrine" is considered to be a source of law and a highly respected one. You have to remember that the university, not the courts, reintroduced the civil law in Continental Europe. It is therefore not surprising that law professors still have an import role in defining the law. Common law professors generally do not enjoy a similar prestige within their own jurisdiction. Here the judges get most of the prestige.Unit 1 B1.How is case law created?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.2.What dose a particular decision mean to the parties to a lawsuit?To the lawyers, judges, and law students?1)From the point of view of parties to a lawsuit or other contestedcontroversy, what matters is the immediate outcome, the result the tribunal reaches in their case. It means wether the aggrieved party or damaged party will obtain a remedy.2)In the view of judges, lawyers and law students, however, the decisiontakes on broader perspective. The decision becomes a possible source of general applicable case law.3.According to Professor Llwellyn, what creates a legal system ofprecedent? Why and when?1)Those generalizations contained in, or built upon, past decisionscreate a legal system of precedent.2)Because as rules of action arise out of the solution of particularproblems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized.3)When those generalizations are taken as normative for future dispute,a legal system of precedent created.4.What might happen if a court follows the precedentsmechanically?A court that follows precedent mechanically or too strictly will at times perpetuate legal rules and concepts5. What is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?The continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases 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.6. Explain these two Latin terms: “stare decisis” and “res judicata”?“Stare decisis”is an important principle in common law. It reflects the effect of a final decision of an appellate as precedent, or potential precedent for future cases, and it addresses the impact on the legal norm of conduct.“res judicata”is another important principle in common law. It reflects the effect of a final decision of an appellate as an authoritative settlement of a particular controversy then before the court. In other words, it addresses a decision’s impact in the individual case.7. What doctrine bars a person from ever suing on the same claim again?The doctrine “res judicata”bars a person from ever suing on the same claim again.8. Why does the case law process in American courts thus have a considerable comparative-law ingredient?A judicial decision is a precedent in the full sense only within the same jurisdiction. However, American appellate courts frequently cite and draw upon decisions from other jurisdictions.Such outstate decisions are not full-fledged precedents, butthey are accorded the status and weight of persuasive authority and especially in cases where there is no local precedent or the local precedents are conflicting or unclear.9. How does a court of last resort in one state usually make use of outstate decisions?A court of last resort in one state does not consider itself bound to followanother 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.10. Can you explain the difference between the binding precedents and persuasive precedents?The major difference between the binding precedents and persuasive precedents may be the authority to the case.The binding precedents are fully authoritative and generally binding, but persuasive precedents just persuasive authority.Because of the difference in degree of influence, persuasive precedents are not as authoritative and should not be assigned the same force as the binding precedents.UNIT 2A1. What kinds of cases do the inferior courts deals with? What are some of the limits that are imposed on them?Every state has its inferior trial courts with jurisdiction limited to civil suits involving relatively small amounts of money and to minor violations of the criminal law. The civil jurisdiction of an inferior court is usually defined in terms of the amount of money in dispute: the jurisdiction of an “inferior” criminal court is likely to be defined in terms of the maximum jail sentence.2. What kinds of cases are the trial courts of general jurisdiction empowered to try？If a civil claim or criminal prosecution involves an amount of money,or a potential criminal sentence, beyond the jurisdiction of an “inferior” trial court , it must be filed and heard om a “trial court of general jurisdiction .” that is , 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? Every state has its “co urt of last resort，” the appellate court at the top of the judicial hierarchy and the one which determines with finality what particular state’s law is and shoul d be . The function is to review the action of the lower judicial tribunals of the state.4. Why are appeals to the courts of last resort limited? What does the “screening out” function refer to?Answer: Because a vast increase in appellate litigation, particularly in the more populous states, led to hopeless congestion of the dockets of the state courts of last resort The “screening out” function refers to that intermediate appellate courts could empower to strain out and finally dispose of the bulk of appellate litigation, so that the court of the last resort can give its full attention to novel and socially important controversies.5. What is the significance of the statute passed by the first Congress on September 24, 1789, according to the author?In the evolution of the federal judicial system, the statute was a landmark. The statute embodied the first Congress’s decision on the issuewhether there should be federal trial courts as well as a Supreme Court or whether the interpretation and enforcement of federal law should be left entirely to the existing state trial andappellate courts, subject to review by the Supreme Court of the United States.6. What is the number of judges presiding over the trials in a District Court?In a District Court, trials are presided over normally by a single judge, but in a few situations, chiefly cases in which injunctions are sought on federal constitutional grounds against the enforcement of state or federal statute, 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?The jurisdiction of a District Court of the US must be based either on the character of the controversy (for example, that it is a case “arising under this Constitution or the laws of the US”) or on the character of parties to the controversy (for ex ample, that it is a controversy“to which the US shall be a party”or one “between citizens of different States”).Most of the cases which make up the workload of the District Court are within one or another of three categories: (1) cases to which the United States is a party, which includes both civil cases and all prosecutions for violation of federal criminal statutes; (2) cases involving a “federal question,” which means a question involving the interpretationor effect of a provision of the Constitution or of a federal statute or regulation; and(3) cases involving “diversity of citizenship,” that is, suits between citizens of different states of the United States.8. Which court has jurisdiction over “diversity of citizenship” cases, a federal court, or a state court? Why?Generally speaking, a federal District Court has jurisdictionover such cases, according to Article Ⅱ, Section 2 of the Constitution and Judiciary Act of 1789. However, existing federal legislation impose a further limitation on Di strict Court jurisdiction in some “federal question” and all “diversity of citizenship” case: “the matter in controversy must exceed﹩50,000”.That’s because the D istrict Court will be swamped if very small matters in controversy are able to be accepted by the District Court.9. How can people get their appeals reviewed by the U.S. Supreme Court?A disappointed litigant cannot secure Supreme Court review merely by contending that the decision handed down against him was wrong. He must first persuade the Supreme Court that the issue presented by his case is important enough, as issues of general law, to justify Supreme Court consideration. Second, almost all the reviewing of judgments of federal and state appellate courts are secured by a petition for “a wri t of certiorari”.10. What is the policy underlying the discretionary nature of the Supreme Court appellate jurisdiction?The policy is, if appeal to the SC were available in all cases, the C would be swamped with ordinary appeals and unable to give full and deliberate consideration to the great cases it must decide.Unit3 B1.Who has the authority to determine how the constitution isinterpreted and applied to a particular case? Among those who are entitled to such authority; which one has the final say?The Court has the final say on what the Constitution meansand how it applies in a particular case, every court, federal and state, has the responsibility and the authority to render decisions on constitutional issues, but all of those other decisions can ultimately be reviewed by the U.S. Supreme Court.2.Does the Constitution vest judicial review on the Supreme Court?How to interpret Article Ⅲ of the Constitution?The power of judicial review is not given to the Supreme Court in the Constitution itself .Although Article Ⅲ states that “The judicial power of the United States , shall be vested in one Supreme Court , and in such inferior courts as the Congress may fro m time to time ordain and establish, ” and it extends that power to “all cases , in Law and Equity , arising under this Constitution” and to other categories .Butthe “Supreme ”means only “highest,” designating a place in the hierar chy but not the court’s authority . The power to hear cases arising under the Constitution is likewise a grant of jurisdiction to hear certain kinds of cases, but not a grant of authority to exercise constitutional review in hearing them.3.In which case was the power of judicial review established? Marbury VS Madison4. Why does Chief Justice Marshall think that the court had the power to review the constitutionality of legislation? What is his syllogism?The Constitution is law. Courts interpret law. Therefore courts interpret the Constitution.5. What is the supremacy clause?(需要老师解答)The Supreme Court is the only authority to interpret Constitution. The interpretation and mandate made by the Supreme Court are superior to any other judicial power.Unit 4 A1. List some of the typical forms of punishment mentioned in the text. Do you know any other forms of punishment used in the U.S.? Typical forms of punishment include death, imprisonment, fine, removal from public office or disqualification from holding public office, probation, and restitution.For example, jail sentences and execution.2. What are the differences between civil law and criminal law?Civil violations are often referred to as torts. There are four distinctions between crimes and torts.Firstly, a crime 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.Secondly, the persons who actually prosecute the case differ.A specially designated state prosecutor of federal official directs the proceedings when crimes are involved .However, in tort actions the individual against whom the wrong has been committed generally hires an attorney to process the claim.Third, when one commits a crime, punishments such as probation, jail sentences, removal from public office and even execution are readily available. However, these remedies are not available in tort law. Tort restitution relies primarily on monetary compensation.Finally, compensation paid individuals who have sued others in civil courts is called damages.3. How are civil damages categorized? When do they apply?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.”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 procedurallaw?The two broad areas of law are readily distinguished as substantive law and procedural law.Substantive criminal law defines crimes and establishes punishments. These laws are commonly found in statutes and ordinances that are written by local, state, or federal legislature. 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 the 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 that the police must advice the suspect of before any interrogation?The police must advise the suspect of their legal rights before any interrogation. Such legal rights are included, the right to remain silent, the right to have an attorney present during interrogation. Though the suspect may waive these rights, a waiver must be knowingly and voluntary. What is the significance of the case Miranda vs. Arizona?The case of Miranda v. Arizona establishes that criminal defendants have a right to know their rights under theconstitution prior to questioning by law enforcement. Prior to this, police officers did not have to advise a suspect about his rights. This is the right to remain silent, to have a lawyer present during questioning, and to have a lawyer provided if you cannot afford one.6. How are the crimes classified?The crimes are classified into felonies, misdemeanors and infractions. The distinction between them centers on the seriousness of the crime committed, the subsequent punishment allowed by law and/or the place of confinement of the convicted defendant.The grounds for distinction often vary considerably from state to state. However, a review of the applicable state statutes reveals a more common test: the length or place of punishment often distinguishes a felony form a misdemeanor. 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. As with misdemeanors, a jury trial is not guaranteed if an infraction has been committed, and the person committing infractions may never receive a jail sentences as punishment.And infractions are considered to be to “petty” offenses.7. How are felonies distinguished from misdemeanors?The distinction between felonies and misdemeanors generally centers on the seriousness of the crime committed, the subsequent punishment allowed by law and/or the place of confinement of the convicted defendant. There are two common ways to distinguish them.The first one is the length or place of punishment. Any crime generally punishable by more than six months in prison isconsidered to be a felony, whereas a crime requiring punishment of less than six months is a misdemeanor. However, it is important not to be confused by the length of the sentence given by the judge or jurors. For example, assume a judge sentences the defendant to five months imprisonment. If the greatest maximum sentence was five months, it is a misdemeanor. However, if thejudge had the discretion to sentence the individual to six months or more imprisonment, a felony has been committed.The second way is by the so-called in presence rule. A police officer cannot arrest an individual for a misdemeanor unless the misdemeanor is committed in the officer’s presence, or more reasonably, with the corroboration by a witness or the signing of a complaint and the issuance of an arrest warrant. When the offense is a felony, however, the police office must arrest the individual if he or she reasonably believes the crime was committed by that person, even though the transgression was committed out of the presence of the officer.8.Are motive and intent the same? If not, what are the differences between them?No. They have completely different legal meanings.Motive is defined as the “cause or reason that moves the will and induces action.” It represents the stimulus for behavior. Thus, one may kill another because of hatred, jealousy, or even love. But the fact that one may have the motive to kill another does not necessarily mean that one harbors the intent to injure or kill.Intent relates to the state of mind at the time of the commission of the unlawful act.Failure to establish the “why” of the crime does notnecessarily mean the jury will vote for acquittal. However, with the exception of strict liability offenses, failure to establish an unlawful intent must result in acquittal. 9. What are the elements establishing the criminal liability?The elements are referred as mens rea, actus reus and causation.10. Explain the significance of mens rea, actus reus and causation. Mens rea stands for the state of mind at the time of the commission of the unlawful act. The mere fact that harm occurs does not necessarily mean a crime has been committed. If the accused was criminally negligent in his belief and behavior, the law may conclude that the unlawful mens rea was present.The actus reus element relates to the “doing” part of the crime. Thus, 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.Finally, causation is considered to be the logical coming together of the mens rea and actus reus, resulting in a criminal wrong. If the harm is not the logical result of the intention and the action, the causation does not exist, and there is no criminal liability.Unit5 Criminal Procedure B1. Do you agree with statement that “it is better to free guilty persons than to convict innocent ones”?Yes .Because if the offender who is missed, can be seized later, but if a person was killed by mistake, the victim could not revived2. 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”? After conducting typically extensive background investigations in corroboration with local and evenfederal law enforcement, prosecutors may file what are called bill of information.If a majority of the grand jury members believe a crime has been committed, then a “true bill” is returned, and the accused is bound over for trial.3. When does an arrest occur? What does it result from?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.4. What factor may effect the decision to prosecute, according to the passage?The decision to prosecute largely depend s on the strength of state’s case against the accused. Besides the attitude of the victim, the cost to the system, harm to the suspect, adequate alternate procedure available, and suspect’s willingness to cooperate with law enforcement may also affect the decision to prosecute.5. Who conduct a preliminary hearing?The magistrate or preliminary hearing jury conduct a preliminary hearing. What must they decide after the presentation of the case?They must decide whether the state had probable cause to arrest the accused.6.Why is the arraignment important?Because in the arraignment the accused played a relatively active role thatthey must make a plea. Besides, it is important that the defendant is again informed of charges, counsel is appointed (ifthe 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?The voir dire is the process used to select a jury. A random cross-selection of persons in the community in which the trial is to occur is summoned to the courtroom.Peremptory challenge allows either side to have prospective jurors excused without having to specify a particular reason and is typically limited to six in non serious cases and twelve in felony or capital cases. 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 and no limits to be the number of challenge for cause that either side may employ.8. Why are the" form" instructions designed to be simple?In order to understand yet complete enough to avoid any potential reversible errors on appeal.9. What would happen 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。
法律英语课后练习题含答案 (2)
法律英语课后练习题含答案第一部分词汇练习1.Defendant （被告人）是指一名被控犯罪的人。
2.Accomplice （同谋者）是指协助犯罪的人。
3.Conspiracy （阴谋）是指两个或两个以上的人为了进行非法行为而达成的协议。
4.Indictment （起诉书）是指检察官起诉犯罪嫌疑人的文件。
5.Arrgnment （传讯）是指被告人在法庭上听取指控并回答是否有罪的过程。
6.Plea bargn （认罪协议）是指被告人同意认罪以换取更轻的刑罚的协议。
7.Verdict （判决）是指陪审团对案件的结论。
8.Appeal （上诉）是指对一项判决不满意并请求更高级别法院重新审判的过程。
第二部分语法练习1.使用适当的时态填空：a.The defendant was being questioned by the police when hislawyer arrived.b.The prosecution will present its case tomorrow.c.The judge has already made his decision in this case.2.使用适当的介词填空：a.The lawyer was confident in his client’s innocence.b.The defendant was charged with murder.c.The prosecution presented strong evidence agnst thedefendant.3.选择合适的词填空：a.The defense attorney argued that the prosecution did nothave ____ (sufficient / efficient) evidence to prove their case.b.The judge declared a ____ (mistrial / mistrust) due to jurymisconduct.c.The defendant decided to plead guilty in exchange for a ____(lighter / lighter) sentence.第三部分阅读理解For many years, a defendant’s right to a speedy trial has been an important part of the American legal system. This right is guaranteed by the Sixth Amendment to the Constitution, which states that。
法律英语作业
1,What is civil law system?We can say that civil law system is also called the roman law system or the continental law system.we all know that civil law system is based on legal code (statutes),and can be divided into private law and public law, codes of law are then developed for commercial,civil and criminal applications. Many countries have a civil law system, such as France, Germany, Japan.2,the judge 's status in civil law system is benefit for protect the litigant?Of course ,as we all know , in the countries of civil law system, judge plays the leading roles, they are guide the progress of lawsuit. But there is a character in civil law system, judge must make decision according with statutes, that is very similar with the Roman law,on the design of judge system, judge is the user of law but not the former of law. When the judge make decision,there is nor the rule to be abide, the can use the similar rules, if there is not the similar rules, they can use the law principle. At last, they can't against the law, and make decision by their own ideas.Therefor, the judge status of civil law system will benefit for protecting the litigant.3, is the compilation form of civil law system fit for the development of China?i think the compilation form of civil law system is fit for the development of China, china especially pay attention to the reality need of social changes. We introduce and imitate code structure mode of civil law system, and make further improvent on the law construction. For example, constitutional law, administrative law, civil law, commercial law, criminal law are all will eventually to build uniform code, and our country's civil code is about to come.。
商务法律英语课后习题答案
商务法律英语课后习题答案商务法律英语课后习题答案商务法律英语是一门重要的学科，对于从事商务活动的人士来说，掌握相关的法律知识是非常必要的。
在学习商务法律英语的过程中，课后习题是一种常见的练习方式，通过解答习题可以加深对知识点的理解和应用。
下面将给出一些商务法律英语课后习题的答案，希望对学习者有所帮助。
1. What is the difference between a contract and an agreement?答案：An agreement is a mutual understanding or arrangement between two or more parties, which may or may not be legally binding. A contract, on the other hand, is a legally enforceable agreement. In order for an agreement to become a contract, it must meet certain legal requirements, such as offer, acceptance, consideration, and intention to create legal relations.2. What is the purpose of a non-disclosure agreement (NDA)?答案：The purpose of a non-disclosure agreement is to protect confidential information shared between two or more parties. It is commonly used in business transactions, partnerships, or employment relationships where sensitive information needs to be shared. The NDA ensures that the receiving party will not disclose the confidential information to third parties or use it for their own benefit without the consent of the disclosing party.3. What are the key elements of a valid contract?答案：The key elements of a valid contract are offer, acceptance, consideration, intention to create legal relations, capacity, and legality of purpose. An offer is aproposal made by one party to another, which can be accepted or rejected. Acceptance is the unconditional agreement to the terms of the offer. Consideration refers to something of value exchanged between the parties, such as money or services. Intention to create legal relations means that the parties intend to be legally bound by the terms of the contract. Capacity refers to the legal ability of the parties to enter into a contract, such as being of legal age and mentally competent. Legality of purpose means that the contract must not involve illegal activities.4. What is the difference between a breach of contract and a termination of contract?答案：A breach of contract occurs when one party fails to fulfill their obligations as stated in the contract. It can be a failure to perform, a delay in performance, or a defective performance. A termination of contract, on the other hand, occurs when the parties agree to end the contract before its completion. Termination can also occur due to a breach of contract by one party, or if certain conditions specified in the contract are met.5. What is the purpose of a force majeure clause in a contract?答案：A force majeure clause is included in a contract to excuse the parties from performing their obligations in the event of unforeseen circumstances beyond their control, such as natural disasters, war, or government actions. It provides protection to the parties in case of events that make it impossible or impracticable to fulfill the contract. However, the force majeure event must bespecifically listed in the clause for it to be invoked.以上是一些商务法律英语课后习题的答案，希望对学习者有所帮助。
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第一幕秘书：Hello, I’m the secretary of the Beijing Automobile Co. What can I do for you?律师2：I’m a lawyer from the East China Jiao Tong University law firm. My name is X X. This is my partner X X, we had made a appiontment with your General Manager yesterday. We must have a talk with your General Manager （总经理）now.秘书：Ok, this way please, follow me!旁白：Five minutes latter, outside of the General Manager’s office.秘书：Mr wang, these are the East China Jiao Tong University law firm’s lawyers. (秘书下)总经理：Oh, I know. Thanks for your coming. Nice to meet you.律师1、律师2（合）：Nice to meet you , too.总经理：Have a seat and let’s get right to it.(让我们开门见山直奔主题) 律师1、律师2：Okay, shoot.总经理：Now, let me introduce you the basic situation. We’d like to set up a Chinese-foreign joint venture with Michigan Automobile Co. We want to have control of the joint venture management and we will provide 20 million USD in capital, plus land, plant and equipment.律师1: I understand, so you need us to draft a joint venture agreement. Ok, we need to sign a power of attorney. （我们需要签一份委托书)总经理：Ok, I need you go with us during talks. If you see a urgent problem, whisper it to me or hand me a note, otherwise, wait until we’re on break or after the negotiation.律师1：Sure, I can live with that. Anything else?总经理：Not really, just that all your comments should be told me at the first time.I get the final say on whether it gets into the meeting.律师2：If you forget something I see as important, I’m going to inform you in writing.总经理：No problem.律师1：It’s my pleasure to cooperate with you, but we’d better to talk about the attorney fees.总经理：Ok, we will pay you according to the standard of attorney fees. If Michigan Co. and we can reach agreement we’d like to pay you another 10,000 yuan .律师2：Wish a wonderful cooperation !旁白：Meanwhile ,the representatives of Michigan Co. interview the lawyers from the American law firm.The second scene: the representatives and lawyers from both sides make the negotiation which is held to negotiate about the joint venture and todraft a letter of intent.第二幕中国的董事长和经理：Nice to meet you.美国的董事长和经理：Nice to meet you too .中国的董事：Last cooperation with your company is very wonderful .After the feasibility study ,our Co. is interested in forming a joint venture to assemble and sell automobiles using your company’s engines.美国的董事：Chinese market is attractive. We’d like to cooperate with you , too.美国的经理：In order to make the negotiation quickly and efficiently ,I suggest introduce the basic situation of companies respectively. Please allow me to introduce our Co. firstly, Our company has 2350 workers including engineers and technical workers 300, has 400 million USD fixed assets .It produces a powerful efficient 4-cylinder automobile engine of its own design.中国的经理：Our company has 40000 workers including engineers and technical workers 48,has fixed assets 450 million yuan .美国的董事：How about your production process?中国的经理：Our factory’s production process is on the first class in China even in the Southeast Asia .Our detection means is excellent and the industrial equipments are advanced as well.美国的经理：How many automobiles does your company manufacture every year?中国的经理：More than 1 million.美国的董事：Ok ,we are satisfied with your company.中国的董事：I’m very pleased. We believe we should have control of the joint venture management because our company provide 20 million USD in capital plus land，plant and equipment.美国的董事：No, I don’t agree with you. We must have control of the joint venture management. After all, we provide 40 million USD in capital plus patents know-how and other technology. Suppose you don’t have patents, you couldn’t manufacture. What’s more, from the last feasibility study which has shown that there is great demand for such engines in China, it can bring you great profits.中国的董事：I’m for your opinion, but you couldn’t ignore we have the excellent production process and cheap labor. If you don’t want to cooperate with us, that is to say, you choose other companies in China or Asia, you should make sure whether they can put your patents and technology into practice. While we can meet your requirement. Of course, you also can choose Japan or Korea, but you need to know where is themarket – it’s China and even Southeast Asia. I believe it can be a large number of transportation expenses. In addition, they don’t have cheap labor either. The last but not the least, we are familiar with the market in China and Southeast Asia. Our company’s condition is unique and perfect.中国的经理：About patents ,we will ask the asset appraisal company to evaluate.美国的董事：Wait a minute.旁白：At the moment, the chairman whispers to his lawyer.美国律师1：According to the Law of the People’s Republic of Chinese-Foreign Quity Joint Ventures. The proportion of the investment contributed by the foreign joint ventures shall generally not be less than 25% of the registered capital of a joint venture. The parties to the venture shall share the risks and losses in proportion to their respective contributions to the registered capital. No assignment of the registered capital of a joint venture shall be made without the consent of the other parties to the venture. Y ou need to think twice.旁白：After a hot discussion.美国的董事：Um, We decide that you have control of the joint venture management, but we should take 48% share. Ok?中国的董事：Ok, we reach the agreement.中国的经理：Now the most important thing has decided. How about the equipments and materials?美国的经理：Our Co. wants to import some equipments and materials from the United States.中国的经理：I think the cost is too high. Our company wants to use Chinese equipments and materials as much as possible.美国的经理：It’s known to all, American equipments are more advanced. Moreover, equipments are vital to manufacture products.中国的经理：But the materials in China are cheaper than American. In addition, the Chinese-foreign joint venture will set up in Beijing. It’s more convenient and cheaper to transport.美国的董事：Okay, considering all the sides, we had better import equipments from the United States while materials must buy from China. How about your viewpoint?中国的董事：No problem.中国的律师1：Y ou should consider the first capital to start the operation of the joint venture.中国的董事：It’ll need 50 million USD in capital to start the operation of the joint venture .Based on the share, we need due 26 million USD andyou will due the left.美国董事：We will due the capital in a week.美国律师2：Y ou ought to determine how soon do you transfer the property.中国经理：In 15 days.美国的经理：Ok! The exciting moment is coming, we should pick a name for our company. Do you have some good idea?中国董事：Changsheng Automobile Chinese-Foreign joint venture.美国董事：Good !美国律师2：The joint venture agreement contract and articles of association signed by the parties to the venture shall be submitted to the competent authorities of foreign economic relations and trade.中国经理：Don’t worry, our lawyer will accomplish it.旁白：After the negotiation, a letter of intent has been draft .After the negotiation attended by the lawyers from both sides, the two sides reach agreement. A ceremony for signing the contract have been held.——原创Thank you !。