法律英语教程
2006——2007学年
教案（样本）
外语系
Unit One Introduction to American Law
Lesson One Law under American Federalism
I. Teaching Aims:
Let the Students have a preliminary knowledge of American law system.
II.Key and Difficult Points:
i.the enumerated power & reserved power
ii.the resolution of law conflicts
III.Teaching Methods:
1. lecture
2. discussion
IV.Teaching Procedure:
i.Give the students a brief introduction of law, including the definition and function, as
well 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》，李容甫/主编，法律出版社。
Lesson Two The Dual Court System
I. Teaching Aims:
Let the students have a preliminary knowledge of American court system.
II.Key and Difficult Points:
i.the court of last resort
ii.the jurisdiction of federal courts and state courts
iii.stare decisis
III. Teaching Methods:
1. lecture
2. discussion
VI.Teaching Procedure:
i.Give the students 8 minutes to read the text and new words
ii.Make a comparison between the federal courts and local courts: case jurisdiction; levels and structure of judicial proceeding; the nomination of judges.
iii.Analyze what stare decisis means.
iv.Pay attention to the meaning and usage of some important words.
V.Homework:
Do a translation exercise and review text.
VI.Reference:
i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。
ii. 《法律英语教程》，李容甫/主编，法律出版社。
iii. Civil Procedure, Mary Kay Kane, West Nutshell Series
Unit Two Civil Litigation
Lesson One The Adversary System
I. Teaching Aims:
Make the students have a knowledge of the adversary system.
II. Key and Difficult Points:
i.the joint defendants and third-party defendants;
ii.the role of the court and the parties to the suit;
iii.the shortcomings of adversary system
III. Teaching Method:
lecture & discussion
IV. Teaching Procedure:
i.Give the students 8 minutes to read the text and new words.
ii.Give the students a brief introduction of the adversary system through comparison with inquisitorial system.
iii.Analyze the reasons for the prevalence of the adversary system.
iv.Discuss with the students on the shortcomings of adversary system.
V. Homework:
Do some exercises and review the text.
VI. Reference:
i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。
ii. 《法律英语教程》，李容甫/主编，法律出版社。
iii. Civil Procedure, Mary Kay Kane, West Nutshell Series
Lesson Two Commencing a Legal Action
I.Teaching Aims :
Make the students familiar with the initial stage of civil procedure.
II.Key and Difficult Points:
i.the jurisdiction problem
ii.the minimum contact laws of the state
III. Teaching Method:
Lecture & discussion
IV. Teaching Procedure:
i. Give the students 8 minutes to read the text and new words;
ii. Analyze the factors one must consider before commencing a legal action:
a.Whether his grievance is redressable by a court of law.
b.the probability of winning the lawsuit.
c.Whether the lawsuit is worthy.
iii. Discuss together with the students on the resolution of the jurisdiction conflicts. V. Homework:
Do some exercises and review the next lesson.
VI. Reference:
i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。
ii. 《法律英语教程》，李容甫/主编，法律出版社。
iii. Civil Procedure, Mary Kay Kane, West Nutshell Series
Lesson Three Pleadings and Motions Attacking Pleadings
I. Aim:
Make the students have a fundamental idea about the pleadings and motions of the civil procedure..
II. Key and Difficult Points:
i. Complaints and summons
ii.. default
iii. Motion of dismiss
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure
https://www.doczj.com/doc/1e4280801.html,anize a discussion on the topic given.
ii.Give the students 5 minutes to learn the new words.
iii.Give the students an outline of the text.
(i)The definition of pleading
(ii)What do the plaintiff and defendant do in the pleading?
(iii)The default and motion to dismiss
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The text is a little more complex and difficult for the students. And they should collect more information on the procedural law.
VII. Reference
Civil Procedure West Publishing Co. 1980
《英汉法律用语大辞典》，宋雷/主编，法律出版社。
《法律英语教程》，李容甫/主编，法律出版社。
Lesson Four Discovery
I. Aim:
Make the students have a fundamental idea about discovery in the civil procedure.
II. Key and Difficult Points:
i.The classification of discovery: pretrial discovery and trial discovery.
ii.The responsibility of lawyers in the discovery
iii.The summary judgment.
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure
i.Give the students 5 minutes to learn the new words and to read the text quickly.
ii.Give a brief introduction of discovery to the students.
iii.Analyze the content and two purposes of discovery
iv.Pay attention to he contributions of discovery:
(i)To narrow the issue and predict the outcome.
(ii)The potential motion for summary judgment.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
Since the discovery possesses a central position in American civil procedure, this text is very important and useful to the students. So the teacher should make a detail analysis on it.
VII. Reference
Civil Procedure West Publishing Co. 1980
《英汉法律用语大辞典》，宋雷/主编，法律出版社。
《法律英语教程》，李容甫/主编，法律出版社。
Lesson Five The Trial
I.Teaching Aim:
Make the students have a preliminary knowledge of the trial process in the United States.
II.Key and Difficult Points:
i.The jury trial and trial without jury
ii.Direct examination and cross examination
iii.Verdict and judgment
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure
i.Give the students 5 minutes to read the text and new words.
https://www.doczj.com/doc/1e4280801.html,anize a discussion on the given topic.
iii.Make a brief introduction of the trial process to the students.
(i)Step 1: To decide to trial with or without jury. And if with, how to impanel and
reject the jurors.
(ii)Step 2: The direct and cross examination process.
(iii)Step 3: The verdict made by the jury and the judgment made by the judge.
iv.Pay attention to the instruction responsibility of the judge.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The text is long and the trial process cannot be easily understood and controlled by the students. So it is required that the teacher make the students clear the differences between the trial in the United States and China.
VII. Reference
Civil Procedure West Publishing Co. 1980
Lesson Six Appeal & Enforcement
I.Teaching Aim:
Make the students have a fundamental understanding of the appeal and enforcement procedure of civil litigation.
II.Key and Difficult Points:
i.The relative provisions on the appeals.
ii.The results of the appeals.
iii.The judicial lien and garnishment.
III.Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Make a brief introduction of the relative provisions on the appeals.
iii.Divide the text into two parts:
(i)Appeal: The process and result of the appeal.
(ii)Enforcement: The application for the writ of execution, judicial lien on the real property, and garnishment as well as attachment.
V. Homework:
Review the text and do the exercises.
VII.Teacher’s Note:
The text is suitable to the students and the division of text is very clear, so the students can understand and control the contents well.
VII. Reference
Civil Procedure West Publishing Co. 1980
《英汉法律用语大辞典》，宋雷/主编，法律出版社。
《法律英语教程》，李容甫/主编，法律出版社。
Unit Three Constitutional Law
Lesson One The institutions of Government
I.Teaching Aim:
Make the students have a fundamental idea about the government institution of the United States.
II.Key and Difficult Points:
i.The new words such as : mechanism, ratify, confirm and so on.
ii.The duty and authority of the president, the congress and the Supreme Court.
III.Teaching Methods:
Lecture & Discussion
IV.Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Make a brief introduction of the history and background to the students.
iii.Introduce the power separation.
V. Homework:
Review the text and do the exercises.
VIII.Teacher’s Note:
Although the text is long, the content is not very difficult. So the students can quite understand the text. However, some of the new words appearing in it are specific and useful for the learning of legal English, so the students should pay attention to them.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Two Separation of Powers
I. Teaching Aim:
Make the students have a fundamental idea about the separation of powers in the United States. II. Key and Difficult Points:
i.the conception of checks and balance
ii.the Watergate Scandal
III.Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Introduce the background.
iii.Paraphrase the text.
iv.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students can quite understand the content of the text, and show their interest in the content of it.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Three Federal-State Relations
I. Teaching Aim:
Make the students have a fundamental idea about the federal-state relations.
II. Key and Difficult Points:
i.the preemption doctrine and the supremacy clause
ii.the abstention doctrine
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Check whether the students have finished their homework.
iii.Divide the text into several parts.
iv.Summary the main idea of the text.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students can quite understand the content of the text, and show their interest in the content of it.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Four Basic Rights
I. Teaching Aim:
Make the students have a fundamental idea about the basic rights of American citizen.
II. Key and Difficult Points:
i.the adoption of the bill of rights.
ii.the spending power.
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Have a short dictation.
iii.Carry out a discussion on the ratification of constitution and the adoption of Bill of Right.
iv.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students show their great interest in the article, and respond to the teacher actively.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Unit Four Contracts
Lesson One Contract Formation and Classification
I. Teaching Aim:
Make the students have a fundamental idea about the contract formation and classification. II. Key and Difficult Points:
i.the mutual assent
ii the validity of the contract
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Have a short dictation.
iii.Carry out a discussion on the contract formation and classification.
iv.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students show their great interest in the article, and respond to the teacher actively. And they have a preliminary knowledge of the contract.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Two Performance and Non-performance
I. Teaching Aim:
Make the students have a preliminary knowledge of the performance of the contract.
II. Key and Difficult Points:
i.the doctrine of substantial performance
ii. the interpretation of the contract
iii.the implied duty of good faith
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.V ocabulary study
iii.Make a classification of the performance of the contract.
iv.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students show their great interest in the article, and respond to the teacher actively. And this part is very important and useful to them, and the teacher should make a detail analysis.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Three Remedies and Computation of Damages
I. Teaching Aim:
Make the students have a fundamental idea about the damages and remedies.
II. Key and Difficult Points:
iv.Remedy and relief
v.Reliance and expectation
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
v.Give the students 5 minutes to read the text and new words.
vi.Background study.
vii.Give the students a detailed introduction of the remedy of contract.
viii.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
It is a good idea to let the students participate the in the study. And the teacher should add more background knowledge to strengthen their interest.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Four Rights of Third Parties
I. Teaching Aim:
Make the students know the rights of the third parties.
II. Key and Difficult Points:
i.The conception of third party beneficiary contracts.
ii.Novation
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Have a short dictation.
iii.Divide the text into several parts.
iv.Carry out a discussion on the assignment and delegation if the contractual rights and duties.
v.Make a conclusion.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The text is a little long for the students, so the teacher needs to pay more attention to their interest and understanding.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Unit Six Property Law
Lesson One Basic Categories of Property
I. Teaching Aim:
Make the students have a fundamental idea about the basic categories of property.
II. Key and Difficult Points:
iii.the ownership
iv.the classification of property
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure:
i.Give the students 5 minutes to read the text and new words.
ii.Have a short dictation.
iii.Make the classification of property.
iv.Pay attention to some new and important words and expressions.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
The students show their great interest in the article, and respond to the teacher actively. Since the property is difficult and complex, so the classification should be clear.
VII. 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》，李容甫/主编，法律出版社。
Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.
Lesson Two Real Property (I)
I. Aim:
Make the students have a fundamental idea about real property.
II. Key and Difficult Points:
i.The fee simple absolute estate
ii.The conditional estate
iii.The tenancy at sufferance
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure
v.Give the students 5 minutes to learn the new words and to read the text quickly.
vi.Give a brief introduction of discovery to the students.
vii.Analyze the content and two purposes of discovery
viii.Pay attention to he contributions of discovery:
(i)To narrow the issue and predict the outcome.
(ii)The potential motion for summary judgment.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
Since the discovery possesses a central position in American civil procedure, this text is very important and useful to the students. So the teacher should make a detail analysis on it.
VII. Reference
Civil Procedure West Publishing Co. 1980
《英汉法律用语大辞典》，宋雷/主编，法律出版社。
《法律英语教程》，李容甫/主编，法律出版社。
Lesson Three Real Property(II)
I. Aim:
Make the students have a preliminary idea about the real property.
II. Key and Difficult Points:
i.The co-ownership and co-owner
ii.Survivorship
iii.condemnation
III. Teaching Methods:
Lecture & Discussion
IV. Teaching Procedure
i.Give the students 5 minutes to learn the new words and to read the text quickly.
ii.Give a brief introduction of the ownership.
iii.Analyze the content and two purposes of discovery
iv.Pay attention to the transfer of real property.
V. Homework:
Review the text and do the exercises.
VI. Teacher’s Note:
Since the real property possesses a central position in property, this text is very important and useful to the students. So the teacher should make a detail analysis on it.
VII. Reference
Civil Procedure West Publishing Co. 1980
《英汉法律用语大辞典》，宋雷/主编，法律出版社。
《法律英语教程》，李容甫/主编，法律出版社。