法律英语教程 齐筠 课后答案
法律英语教程
法律英语教程2006——2007学年教案（样本）外语系Unit One Introduction to American LawLesson One Law under American FederalismI. Teaching Aims:Let the Students have a preliminary knowledge of American law system.II.Key and Difficult Points:i.the enumerated power & reserved powerii.the resolution of law conflictsIII.Teaching Methods:1. lecture2. discussionIV.Teaching Procedure:i.Give the students a brief introduction of law, including the definition and function, aswell as the classification of law.ii.Ask the students the following questions:(i)Does the United States have a uniform legal system?(ii)How are the law-making powers divided between the federal and state legislature?(iii)Explain how choice of forum may affect the out come of a lawsuit.iii.Give the students 8 minutes to read the text and try to discuss the answers together.iv.Pay attention to some words and phrases.V.Homework:Let the students do some exercises and review the text.VI. Reference:《英汉法律用语大辞典》，宋雷/主编，法律出版社。
法律英语教程第2单元text a翻译
最高法院并不是完全阻止这一效果(?)的。
例如，在重申了其1973年的堕胎裁定的1992年裁定中，最高法院以“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”。
这种“罕见的有先例的力量”在“最高法院对宪法的解释要求国家级争议中争先的一方通过接受一项普通的指令来停止其国家分裂行为，这一指令通常是有碍的而且有先例的会产生寻常非宪法案件中产生的司法裁定。
（？）”
第二，任何以通过司法审查为普通诉讼的副产品的（？）尝试都没有考虑“测试性的个案”诉讼，这种诉讼现在在最高法院以及下级的联邦法院例行公事地考虑。
许多讼案都是超越了任何一方的私人利益的真正地“公开法律诉讼”。
在整体上，焦点反而几乎只在被提起的议题以及他们对公众的影响上。
一个例子就是集体诉讼案，在其中，最初的原告以及他/她的问题可能就是全部，但却有可能被遗忘，但是诉讼无论如何会代表着处于相似境遇的待定的一群人继续下去。
最终，一如将要在下一部分被讨论和在案件中被展示的，宪法条款的解释将远异于法庭将涉及的“寻常”颁布的法律的解释。
确实，一些人暗示美国的宪法审查根本就不是司法的，它被更准确地描述为被“小心地隐藏”在法庭终止法律的“谎言”背后的。
我们早已看到“司法的哲学”是怎样被感受到/在司法决策中发挥着重要的作用的。
许多“司法哲学”的元素都触及了基本的政治价值这一点是很清楚的。
如果这一点需要证据，那只需要看一看司法选举的过程即可，尤其是在最高法院级别的，它们作为一种党派选举运动是最政治化和最怀恶意的。
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。
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 theroyal 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 law4.The expression “civil law”, in Latin jus civilis, literally means the law ofthe citizens of Rome. Now the civilian jurists refer to what we call pr ivate law simply as “the civil law”( persons, property and obligations)5.In common law countries ,cases are usually considered to be theprimary 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 encompassingdocument. 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 othercountries, theteaching style is magisterial—the professor express the law to his orher students, who take notes and do not intervene in class.10.The professors play an important role in defining the law in civil lawsystem, 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 timesperpetuate legal rules and concepts that have outlived their usefulness.5.The problem is how to maintain an acceptableaccommodation 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 casebook6.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 judicata8.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 a uthority.第二单元COURT SYSYTEM主课文：1.limited to civil suits involving relatively small amounts of money andto minor violations of the criminal law.2.A court empowered to try all kinds of cases ,withoutmonetary orsubject matter limitation.3.To review the action of the lower judicial tribunals of the state. This isthe exercise of appellate jurisdiction.4.（1）a vast increase in appellate litigation which , particularly in themore 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 ofappellate 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 ofparties 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 cit izenship”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 theconstitutional 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 say2.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 isconsidered 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 prosecutethe 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 toprovide 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 incivil 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 compensationfor “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 infractions7.The length or place of punishment often distinguishes a felony froma 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 a ction”. Intent relates to the state of mind at the time of the commission of the unlawful act. Failure to establishan unlawful intent must result in acquittal.9.mens rea , actus reus and causation10.(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 thatyou just do two wrong things.2.The prosecutors. At the end of the presentation of the state’sevidence .the grand jury members vote. Majority rule prevails.3.An arrest occurs when a peace or police officer takes a suspectinto 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 thestate’s case against the accused. others:(1)attitude of the victim(2)cost to the system(3)harm to the suspect(4)adequatealternate procedure available and (5)suspect’s willingness to cooperate with law enforcement.5.The magistrate or the preliminary hearing jury. Decide whetherthe state had probable cause to arrest the accused.6.At the arraignment, the accused must make a plea. Thearraignment 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 peremptorychallenge ,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”instruc tions 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 throughthe 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 areoccasionally 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 yourclients 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 dismissfor 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 opportunityto “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 , forexample , 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 ruli ng 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 theapplicablelaw 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 erroneousstatement 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 somesuch 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 minimumamount of evidence to support the jury verdict.8.The usual rule is that a losing party cannot appeal any errors ofthe 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 thedefendant has the resources ,and the compliance, to satisfya judgment.10.The focus of the appellate court’s scrutiny is on the correctnessof the rulings of the trial court.第九单元：CONTRACT LAW主课文：1. A contract is promise between two or more personsinvolving the exchange of some goods or service. The resources of America is the case law and the UCC2.In order to prevent fraud on the part of either party in theexchange.3.The Uniform Commercial Code (UCC) is the main body oflaw that governs transactions involving goods.4.The “void contract” is a contract held to be void does notexist 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 anon-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 ormental 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 somekind of benefit in return for his promise. No consideration ,no valid contract.。
法律英语教程答案宋雷
法律英语教程答案宋雷1、--Jenny, what’s your favorite _______?--I like potatoes best. [单选题] *A. fruitB. vegetable(正确答案)C. drinkD. meat2、How many subjects are you _______ this year? [单选题] *A. takesB. takeC. taking(正确答案)D. took3、____ is standing at the corner of the street. [单选题] *A. A policeB. The policeC. PoliceD. A policeman(正确答案)4、75．As a student in Senior Three, I must work hard．（）, I should take exercise to strengthen my body．[单选题] *A.OtherwiseB.Meanwhile(正确答案)C.ThereforeD.Thus5、The teachers don't make us wear a school uniform and we can wear _____ we like. [单选题] *A. anyB. thatC. asD. what(正确答案)6、Jane and Tom _______ my friends. [单选题] *A. amB. isC. are(正确答案)D. was7、The traffic jams often happen in _______ hours. [单选题] *A. lunchB. workC. leisureD. rush(正确答案)8、It was _____ that the policy of reform and opening up came into being in China. [单选题] *A. in the 1970s(正确答案)B. in 1970sC. in the 1970s'D. in 1970's9、73．（）about the man wearing sunglasses during night that he was determined to follow him．[单选题] *A. So curious the detective wasB.So curious was the detective(正确答案)C.How curious was the detectiveD.How curious the detective was10、He didn't allow _____ in his room. Actually he didn't allow his family _____ at all. [单选题] *A. to smoke; to smokeB. smoking; to smoke(正确答案)C. to smoke; smokingD. smoking; smoking11、Though my best friend Jack doesn’t get（）education, he is knowledgeable. [单选题] *A. ManyB. littleC. fewD. much(正确答案)12、Tomorrow is Ann’s birthday. Her mother is going to make a _______ meal for her. [单选题] *A. commonB. quickC. special(正确答案)D. simple13、We must try hard to make up for the lost time. [单选题] *A. 弥补(正确答案)B. 利用C. 抓紧D. 浪费14、6．Hi, boys and girls. How are you ________ your posters for the coming English Festival at school? [单选题] *A．getting onB．getting offC．getting with (正确答案)D．getting15、You must pay more attention to your pronunciation. [单选题] *A. 词汇B. 拼写C. 发音(正确答案)D. 语法16、With all the work on hand, he _____ to the cinema last night. [单选题] *A.should goB.must have goneC.might goD..shouldn’t have gone(正确答案)17、Is there going to ______ a football match in the stadium next month?（）[单选题] *A. beingB. haveC. be(正确答案)D. having18、31．That's ______ interesting football game. We are all excited. [单选题] * A．aB．an(正确答案)C．theD．/19、2．The villagers want to have a bridge. Can this dream ________? [单选题] * A．come outB．get awayC．come true(正确答案)D．get out20、John Smith is _______ of the three young men. [单选题] *A. strongB. strongerC. the strongerD. the strongest(正确答案)21、If you do the same thing for a long time, you'll be tired of it. [单选题] *A. 试图B. 努力C. 厌倦(正确答案)D. 熟练22、Don’t swim in the river. It’s too _______. [单选题] *A. interestingB. easyC. difficultD. dangerous(正确答案)23、______ visitors came to take photos of Hongyandong during the holiday. [单选题] *A. ThousandB. Thousand ofC. ThousandsD. Thousands of(正确答案)24、He spoke too fast, and we cannot follow him. [单选题] *A. 追赶B. 听懂(正确答案)C. 抓住D. 模仿25、The idea of working abroad really（）me. [单选题] * appeals to (正确答案)B. attaches toC. adapts toD. gets across26、We _____ three major snowstorms so far this winter. [单选题] *A.hadB. haveC. have had(正确答案)D.had had27、Mary _____ be in Paris. I saw her just now on campus. [单选题] *A. mustn'tB. can't(正确答案)C. need notD. may not28、He is going to _______ a party this evening. [单选题] *A. hold(正确答案)B. makeC. needD. hear29、I have to _______ my glasses, without which I can’t read the book. [单选题] *A. put upB. put awayC. put downD. put on(正确答案)30、Medicines are to be taken according to the doctor’s advice. [单选题] *A. 发放B. 提取C. 配方D. 服用(正确答案)。
法律英语教程答案
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 tothe 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., thestudents must have at least a bachelors 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. 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 decidecontroversies, 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 strictlywill 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”。
新编英语教程第3册(李观仪主编)第七单元课后练习答案
Exercise I1. Spelling1. assignment2. spectacular3. appearance4. mystery5. search6. knockout7. concern8. involve9. permanent 10. referee 11. supreme 12. prevail2. DictationTom King could feel Sandel growing stronger against him. He saw youth recuperate. From instant to instant Sandel grew stronger. His punches, weak at first, became strong. Tom King saw the gloved fist driving at his jaw, and wanted to guard it by raising his arm. But the arm was too heavy. It would not lift itself. Then the gloved fist landed home. Tom felt a sharp snap and blacked out.When he opened his eyes again he was in his corner, and he heard the audience screaming and cheering. His second was blowing cold water over his face and chest. His gloves had already been removed, and Sandel, bending over him, was shaking his hand. He bore no ill will toward the man who had put him out, and he returned the grip with heartiness. King felt hungry. He remembered back into the fight to the moment when he almost defeated Sandel. Ah, that piece of steak would have done it! He had lacked just that for the decisive blow, and he had lost. It was all because of the piece of steak.3. Listening ComprehensionA. True (T) or False (F)?For false statements, write the facts.1. In a wrestling contest, each wrestler tries to knock his opponent down and keep him lying on the ground with his face downward for one second.FIn a wrestling contest, each wrestler tries to throw his opponent down to the ground and pin his shoulders to the mat or the ground for one second.2. Wrestling contests are usually held on a hard floor and the participants easily get injured.FWrestling contests are usually held on soft mats to protect wrestlers from serious injury.3. Wrestling was part of the ancient Greek Olympic Games.T4. The Greeks adopted and formalized Roman wrestling.FThe Romans adopted and formalized Greek wrestling.5. Wrestling was a popular sport in Egypt as far back as 5000 B.C.FIt was more than 5000 years ago that wrestling was a popular sport, so it was about 3000 B.C.B. Complete the following sentences to show the main characteristic of each of the four main types of organized wrestling.1. Greco-Roman wrestling: the wrestler is not allowed to use his legs on his opponent and cannot hold him below the waist.2. Catch-as-catch-can: holds are allowed on all parts of the body but kicking, striking and other such injurious tactics are strictly prohibited.3. Sumo: the object of a sumo contest is to push an opponent out of the ring or force him to the floor.4. Professional wrestling: professional wrestlers perform stunts and muscular feats for the benefitof an audience.Script:WrestlingWrestling is a body-contact sport between two athletes in which each tries to throw the other down and pin his shoulders to the mat or ground for one second. At the beginning of a standard wrestling contest the participants approach each other and begin to attack each other. Each wrestler tries to surprise the other with a takedown, a movement designed to throw the opponent off balance and to the ground. To perform a takedown, the wrestler darts behind his opponent by ducking under his arm, grabbing his opponent’s arms or legs and throwing him to the ground. Once a wrestler has been thrown down, his opponent tries to keep him down. Meanwhile, the fallen wrestler uses many defensive movements to free himself and to gain the top position. Wrestling contests are usually held on soft mats to protect wrestlers from serious injury.Wrestling is one of the oldest sports known to man. It undoubtedly had its beginnings in man’s early struggle for survival, and it developed independently in widely separated civilizations of the ancient world. Paintings found on the walls of Egyptian tombs indicate that wrestling was a popular sport in Egypt more than 5,000 years ago. In ancient Greece, wrestling contests were important events at victory celebrations and, later, at the Olympic Games. Greek wrestling was adopted and then formalized by the ancient Romans.Although competitive athletics were generally neglected after the termination of the Olympic Games in 394 A.D., wrestling contests remained popular amusements during the Middle Ages, particularly at the courts of England and France.Today there are four main types of organized wrestling: Greco-Roman, catch-as-catch-can, sumo, and professional wrestling. Although they all have characteristics in common, each differs considerably from the others in style and rules.In Greco-Roman wrestling the wrestler is not allowed to use his legs on his opponent and cannot hold him below the waist. Patterned after older English wrestling forms, the Greco-Roman style is practised mainly in Europe.Catch-as-catch-can, also known as freestyle wrestling, is probably the most popular form of modern wrestling. In general, holds are allowed on all parts of the body, but kicking, striking, and other such injurious tactics are strictly prohibited.Sumo is a traditional form of wrestling that has been practised in Japan for more than 2,200 years. Sumo matches are held in small sanded rings bound by rice straw. The object of a sumo contest is to push an opponent out of the ring or force him to the floor. Sumo wrestlers often weigh more than 136 kilogrammes.Professional wrestling, which is sometimes classified as sport, has become more of a stagedentertainment than a spontaneous competition. Professional wrestlers perform stunt and muscular feats for the benefit of an audience.4. TranslationA. Translate the following sentences from Chinese into English.1. 电视转播了那个初出茅庐的新闻记者成功地采访好莱坞电影明星的节目。
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Unit One Legal SystemListeningI. c a d a bII. statutes, constitutions, cite, interpreted, civil, cases, liability, created, modified, repealedText A.Building up your vocabularyI. Match the items in the following two columnsA-civil law b-code c-validity d-jurisdiction e-clusterf-decree g-codification h-statute i-parliament j-legislatureII. Fill in the blanks:1. subdivision2. maxim3. federal4. enforcement5. statutes6. precedent7. Legislation8.Stare decisis9. legal ,legal 10. judicial , judicialClozeDocuments lawsuit trial attorneys advisors,Clients juries alternative practice representationTranslation1. 根据美国宪法，联邦政府分为行政、立法和司法三大部门，每个部门都被认为是独立的，并且能够相互制衡。
2. 通常有三类案件可以到达最高法院，即：牵涉到诉讼当事人分属不同的州的案件，牵涉到解释联邦法案的案件和解释美国宪法的案件。
3. 大律师事务所的律师平均收入最高；他们常常代理那些最有钱且最有社会地位的当事人；而且同高层次的法官和政府官员有着密切的联系。
个人执业者和小律师事务所的律师收入最低，代理那些既没钱又没社会地位的当事人，而且主要同最低级别的法院和行政机构打交道。
4. 州立大学的法学院倾向于集中在一些传统的法律课程上：契约、侵权行为、宪法、诉讼程序、财产、遗嘱、信托与遗产、公司、合伙、代理、国际法、海商法、劳动法、行政法；私立法学院由于规模略小且师生人数比例一般较大，故有条件开设品种更多的课程，在新的、开拓中的领域尤其如此。
这些私立法学院的课程目录中都列有诸如精神病学与法学、法学与社会学、城市法、贫困法、环境法、城市财政、土地规划等方面的课程或研讨班。
5. 英美法系的法官比起他们大陆法系的同行们来威信更高，其部分原因在于人们一般都觉得只有较优秀的律师才能当得上法官。
尽管任命和遴选有其政治背景，这一结论恐怕还是大致符合实际情况的。
Text BCheck Your Understanding.1. T2. F3. F4.T5.F6.T7.T8.F9.F 10.TBuilding up your vocabulary.II. Put the following terms into Chinese.Probate or surrogate’s courts遗嘱检验法庭juvenile courts少年法庭Tax Court税务法院Court of International Trade国际贸易法院Bankrupcy Courts破产法院appellate court巡回法院Attorney General司法部长Court of Military Appeals军事上诉法院The Corut of Veterans Appeals退伍军人上诉法院Trial court受理法院Translation1.The National People's Congress (NPC) is the highest institution of state power and togetherwith its permanent body --- the Standing Committee of the NPC, exercises the legislative power of the state.2.The NPC Standing Committee's power of legislation is not without restraints. Compared withthe legislative power of the NPC, the Standing Committee may not amend the Constitution. But it is authorized:(1) to interpret the Constitution and supervise its enforcement;(2) to enact and amend laws, with the exception of those which should be enacted bythe NPC;(3) to partially supplement and amend, when the NPC is not in session, laws enactedby the NPC provided that the basic principles of these laws are not contravened;(4) to interpret laws.3.In accordance with the structure of the lawmaking powers, Chinese law can be dividedinto four levels, i.e., the Constitution, laws adopted by the NPC and its Standing Committee, administrative regulations adopted by the State Council and local regulations by the people's congresses of provinces, autonomous regions and cities.4.General laws include the Constitution, the General Principles of Civil Law, the CivilProcedure Law, and the Criminal Law etc. Special legislation include legislation dealing with foreign investments, such as the Joint Venture Law, the Wholly Foreign-owned Enterprises Law, the Foreign Economic Contract Law, and legislation governing matters such as registration of business, labor and management, taxation, exchange control, financial matters, customs duties etc.Unit Two CONSTITUTIONAL LAWListeningI.Spot dictation.Declaration, human, political, assume, nature, impel, self-evident,Creator, unalienable, institute, Prudence, abolishing , throw off , usurpationsII. Compound dictation.a fundamental rightthe right to be left aloneno explicit guarantee of privacy in the Constitutionsource of privacy secured by the First Amendmentunreasonable searches and seizuresTEXT ABuilding up your vocabularyI. Match the items in the following two columns.1.k2..g3.b4.f5.j6.l7.h8.a9.e 10.d 11.c 12.iII.Fill in the blanks1. ascertaining,2. statutory interpretation.3. prolixity, a ready solution4. power of the purse, commander-in-chief5. checks and balances6. unreasonable searches and seizures7. standing8. elimination of racial discrimination, accommodation, badges of servitudeClozecommitment, majority, To that end, .a democratic society,Litigants, preferential treatment, strict neutrality,at taxpayer expense, violating, state legislatures, ruledTranslation任何人恶意或故意地以过高或异常的噪音，以喧闹或无理的行为，以威胁、诽谤、争吵、挑衅、斗殴行为扰乱周围地区或个人的宁静或平静；或在非自治乡镇的街道或公路上为赌博或娱乐进行赛马，在这样的乡镇开枪，在妇女儿童面前或可听到的范围内大声使用粗俗、亵渎、或不雅的语言，均构成轻罪。
经由有资格管辖的法院判决，应处以不超过200元的罚金，或不超过90天的县监狱监禁，或者可并处罚金与监禁，或由法院自由裁量，二择其一。
TEXT BCheck your understanding1．T2．F3．T4．T5．F6．F7．F8．T9．T10．F11．F12．TBuilding up your vocabularyI. Give the English Version to the following legal terms.2. Put the following terms into Chinese:direct democracy 直接民主checks and balances相互制衡voting qualifications投票资格amending process of the Constitution宪法的修正程序due process正当程序the right to bear arms持枪权the doctrine of constitutional supremacy 宪法至上原则process of impeachment 弹劾程序personal stake 个人利害关系two-chamber legislature 两院立法机构judiciary司法制度；司法体系；司法机构the separation of legislative, executive and judicial powers 立法、行政、司法权的分立Translation1.Article 33 Anybody who holds the nationality of the People's Republic of China is a citizenof the People's Republic of China. All citizens of the People's Republic of China are equal before the law. Every citizen has the rights and at the same time shall perform the duties prescribed by the Constitution and the laws.2.Article 34 Citizens of the People's Republic of China whoever have reached the age of 18have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law.3.Article 35 Citizens of the People's Republic of China enjoy freedom of speech, of the press,of assembly, of association, of procession and of demonstration.4.Article 36 Citizens of the People's Republic of China enjoy freedom of religious belief. Nostate organ, public organization or individual may compel citizens to believe in, or not believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens orinterfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.5.Article 37 Freedom of the person of citizens of the People's Republic of China is inviolable.No citizens may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful detention or deprivation or restriction of citizens' freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.6.Article 38 The residences of citizens of the People's Republic of China are inviolable.Unlawful search of, or intrusion into, a citizen's residence is prohibited.Unit Three Criminal LawWarming-up Exercises.I.F, T, T, F, T, F, FII．criminal, damages, distinction, wrong, prosecution,victim, against, difference, as, civilText ABuild up your vocabularyI.Match the items in the following two columns.1. E2.G3. D4. F.5.A6. H7. I8. J9. B 10. CII.Fill in the Blanks .1.unishable2.statutes3.imposition4. violation5. committed6.prosecution7.substantive8.felonies9.jurisdiction 10.liableClozestatut, accused, jurisdiction, property, fraud, constitute,offense, commit, criminal, enactment, prosecutionTranslation1．根据《标准刑法典》的规定，故意的意思是：当（1）若一个要件含有行为人行为的性质或结果，他的主观目的则是从事该性质的行为或造成该结果；以及（2）若一个要件含有若干伴随情形，他则意识到该等情形的存在并且相信或希望该等情形存在时，一个人的行为构成针对一重要要件的行为意图。