福建农林大学考试试卷

福建农林大学考试试卷The second term of 2010—2011 academic yearCourse name：Legal English Test Period：120 Minutes Specialty Grade Class StudentID Name____________题号I II III IV Total ScoreScore评卷人签字复核人签字SCORE Part I：Translation (1’x15=15’)Translate the following legal words or phrases into Chinese.1. roll2. voire dire3. plaintiff4. omission5. average6. instrument7. delivery 8. clean bill of lading 9. honor10. complaint 11. policy12. Banded Goods13. without prejudice to 14. material evidence15. burden of proofSCORE Part II: True or False (1’x10=10’ )Judge the foll owing statements. If it is true, write “T” in the bracket or “F”when it is fals.1. Warrant is called decree and is a kind of order or writ, used for specific cases.2. In common-law systems, the trial judge, the investigators, and the prosecutor are ofseparate functions.3. The thief will be more severiously punished than the burglar.4. Civil law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severeimpositions as punishment for failure to comply.5. A felony is an offense for which the maximum punishment is a monetary fine,incarceration in a local jail, or both6. Drug selling can be accused as drug trafficking, if it is confined to the territory of acountry.试卷共 3 页第 1 页7. If the suspect has no criminal record, he will surely be granted bail.8. A person, if loitering in public places in mid night, may be detained by police. This is criminal detention, imposing on people who violates regulations maintaining good orderand peace of society.9. In Hk prostitution is illegal, and of course vice establishments, soliciting for immoralpurposes and living on the earnings of prostitution of others are also illegal.10. In China a suspect who may be sentenced to death penalty should definitely berepresented by a lawyer, which means the court has responsibility to appoint a lawyer tohim if he cannot afford one.SCORE Part III: Translation (45’)Translate the following paragraphes into Chinese. (10 points for each of thefirst three paragraphes; 15 points for the last paragraph)1. The defence produced EX. D1, a medical report which showed that the applleant had suffered abrasion to both hands, arms and elbows and clinical fractures to both legs and arms.2. Any person in respect of whom an order under subsection (1) has been made whocontravenes the order commits an offence and is liable to a fine of $50,000 and toimprisonment for 12 months.3. without prejudice to the rights of the Attorney General every complainant or informer shall be at liberty to conduct the complaint or information respectively and to have thewitness examined and cross-examined by him or by counsel on his behalf.4. Whoever sets fire, breaches dikes, causes explosions, and spreads poison; employs other dangerous means that lead to serious injuries or death; or causes public or privateproperty major losses is to be sentenced to not less than 10 years of fix-term imprisonment,life imprisonment, or death. Whoever commits the crimes in the preceding paragraphnegligently is to be sentenced to not less than three years to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment, orcriminal detention, when circumstances are relatively minor.试卷共 3 页第 2 页SCORE Part IV: Case Study (30’)Study the following case and related information, then answer the given three questions.★FactsPlessy (P), 7/8 white and having white skin, attempted to sit in an all-white railroad car. After refusing to sit in the black railway carriage car, Plessy was arrested for violatingan 1890 Louisiana statute that provided for segregated “separate but equal” railroadaccommodations. Those using facilities not designated for their race were criminally liableunder the statute.At trial with Justice John H. Ferguson (D) presiding, Plessy was found guilty on the grounds that the law was a reasonable exercise of the state’s police powers based uponcustom, usage, and tradition in the state. Plessy filed a petition for writs of prohibition and certiorari in the Supreme Court of Louisiana against Ferguson, asserting that segregation stigmatized blacks and stamped them with a badge of inferiority in violation of theThirteenth and Fourteenth amendments. The court found for Ferguson and the SupremeCourt granted cert.★Fourteenth Amendment IssueAll persons born or naturalized in the United States and subject to the jurisdiction thereof are made citizens of the United States and of the State wherein they reside, and the States are forbidden from making or enforcing any law which shall abridge the privilegesor immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction theequal protection of the laws.The proper construction of this amendment involves a question of exclusive privilegesrather than race. Its main purpose was to establish the citizenship of former slaves, to give definitions of citizenship of the United States and of the States, and to protect the privilegesand immunities of citizens of the United States from hostile legislation of the states.It was intended to enforce the absolute equality of the two races before the law, but itwas intended to abolish distinctions based upon color, or to enforce social equality, or acommingling of the two races upon terms unsatisfactory to either. Laws permitting andeven requiring their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race. Such laws have generally beenrecognized as within the scope of the states’ police powers. The most common instanceinvolves the establishment of separate schools, which has been held to be a valid exercise ofthe legislative power even by courts of States where the political rights of blacks have beenlongest and most earnestly enforced.Questions:1. What kind of rights does the Fourteenth Amendment give to citizens?2. How did the case of Plessy V. Ferguson (1896) affect segregation?3. What is the significance of this case?。