法律英语核心教程(1-3单元)练习答案
Unit 1 Introduction to Law
Text I
Comprehension
Questions about the text
1. T
2. F
3. T
4. T
5. T
6. T
7. T 8. T 9. T 10. T
Vocabulary
a. 5
b. 12
c. 2
d. 1
e. 9
f. 4
g. 18
h. 16
i. 14
j. 13
k. 20 l. 11 m. 6 n. 3 o. 17 p. 7 q. 15 r. 8 s. 10 t. 19
EXERCISES
Blank filling
1. sanctions
2. coercion
3. enacts ,
enforce 4. induced 5. implemented 6.evicted
7. litigation 8. legitimate 9. penal 10. embodies 11. justify 12. adjudicate
Grammar
A. Articles
1. A
2. B
3. B
4. C
5. D
6. C
7. A
8. A
9. D 10. B
B. Numerals
1. 历史已经进入了90年代。
2. 阅读文章的长度逐渐加大，前几单元每篇文章大约500字，后几单元文章的长度已增加到前面的三倍。
3. 第二部分的三个章节需要重写。
4. 那座城市距这里大约16到20英里。
5. 他比你有男子汉气概得多。
C. Partial translation
1. annulled the economic sanctions
2. make restitution
3. the shopkeeper was innocent
4. conjure up a picture
5. Lu Xun couldn’t help conjuring up
6. Stop complaining about him
7. she decided to make a complaint in the court of law
8. regardless of past setbacks and failures
9. by contrast with Harry’s
10. in that it helps us to rectify our mistakes
Cloze
1 can
2 any
3 whenever
4 which
5 more
6 that
7 may
8 will 9
those 10 except
Translation
1．双方或多方之间存在争议，或者当事人为各自已实施的行为或打算实施的行
为的后果寻求指导时，就有必要把法律应用到各种具体的事实情形之中。
2．在美国，行使立法和执法功能的是联邦和州政府的立法、行政、司法三个权
力分支以及政府领导下的各级行政机构。
3．人们对法律这一概念的理解也许包含了诸如法官、警察、法警和律师等法律
从业人员，包含了诸如法庭、监狱等从业场所，也包含了诸如《布莱克法律词
典》、刑法典和《美国统一商法典》等法学巨著。
4． As a rule for conduct, both customs and laws are forms of social
ideology, inseparable from people’s practical experience. Law is not
only a set of rules for conduct, but also a means to specify duties and
promote social justice.
5． Law is a rule for conduct enacted or acknowledged by the state,
enforced by state coercion, specifying rights and duties, and thus
universally applicable in society.
Topics for Discussion
1. It is difficult to define the term “law” because law is
related to and closely interwoven with so many aspects of our life and
it can mean so many different things to different people. Law experts
can not agree with one another in terms of the real sense of the term because they often approach this difficult phenomenon from essentially diverse perspectives.
2. See Paragraphs 4 & 5 for a detailed distinction between these terms.
3. No. Many laws also confer rights to citizens besides
prescribing obligations.
Yes, such as the Labor Law which states laborers’ obligations as well
as their rights.
4. Weber’s definition of law, taking a sociological perspective,
is perhaps the most influential among those provided by legal theorists such as Hoebel, Radin, Cardozo, Holmes, Selznick and Akers, but it is
not without deficiency. For instance, as already pointed out by some
legal theorists, his definition fails to properly address the following issues. For one thing, Weber places too much emphasis on coercion and ignores other considerations that may induce individuals to obey the law. For another thing, his use of a special staff in the definition of law limits the use of the term law in cross-cultural and historical contexts. It is Donald Black whose clarification and modification of Weber’s conceptualization of the term have made it more comprehensive and acceptable.
5. Beyond the national level, there can be multinational and international institutions such as the European Union (multinational)
and the United Nations (international).
Text II
Questions
1. If there were no law, there would be much destruction of life and property and temporary reigns of terror. Instead of increasing personal freedom, a state of anarchy virtually destroys personal freedom for all
but the most powerful and savage of individuals. Were there no rule of law, there would be just disorder, death and chaos in our society.
2. A balance should be struck between anarchy and totalitarianism so
that the positive things that law can do for us are not strangulated by the tyranny of the “law and order” offered by the totalitarian state.
3. Law solves disputes by bringing a disputed matter before a justice of the peace and settles the dispute quietly by rules of law on which all agree.
4. Law provides peace and order in society by creating an environment in which people can work and invest and pursue pleasure with a reasonable expectation that their activity is worth the effort. Without an orderly environment based on and backed by law the normal activities of life would be lacerated with chaos.
5. Laws protect us and our property by punishing those who steal and do bodily harm and by permitting crime victims to sue for monetary damages. The law has created police and sheriffs’ departments, district attorneys’ offices, courts, jails, an d death chambers to deter and punish the criminal and to help people feel secure.
6. Besides those functions already mentioned, laws and the institutions and programs may, through corporate endeavors, provide for the general welfare, such as providing for the common defense, educating young people, putting out forest fires, controlling pollution, and caring for the sick and aged.
Unit 2 Sources of Law
Text I
Comprehension
Questions about the Text
1. The sources of English law are: Community law, legislation, delegated legislation, case law, legal textbooks, and custom.
2. Community law.
3. Regulations, directives and decisions.
4. Public Acts affect the public generally; private Acts only
affect a limited sector of the populace, either particular people or people within a particular locality.
5. The parliament.
6. Legislation is a country’s written law made by the parliament; delegated legislation is law made by some person or body to whom parliament has delegated its general law making power.
7. Judges
8. The House of Lords
9. Because when the court is unable to locate a precise or analogous precedent it may refer to legal textbooks for guidance and assistance.
10. It has to satisfy stringent test.
Vocabulary
a-1 b-13 c-6 d-14 e-5 f-9 g-10 h-12 i-15 j-11
k-2 l-3 m-9 n-4 o-8
Paraphrase
1. Delegated legislation has to be considered as a source of law
in addition to general Acts of Parliament, but it is subordinate to general Acts of Parliament.
2. When statute law does not cover a particular area or when the law is silent generally it will be necessary for a court that decides cases relating to such an area to determine what the law is. When the court determines the applicable law, it inescapably and unarguably creates law.
3. As the highest court in the land, the House of Lords can create or extend the common law. Its active stance is shown by a relatively contemporary example in which it overruled the longstanding presumption that a man could not be guilty of the crime of rape against his wife.
4. The romantic view of the common law is that it represented those common customs that have been incorporated by the judiciary into the sources of law.
EXERCISES
Blank Filling
1. legislative
2. proportional
3. obligatory
4. establishment
5. eminence
6. altered
7. representative
8. customary
9. increasingly 10. distinct
Error Correction
1. is à are
2. worth à worthy
3. deciding à decided
4. to drive ^ on
5. tell à tells
Grammar
A. Multiple choice
1. b
2. a
3. c
4. b
5. a
6. d
7. d
8. a
9. c
10. a
B. Partial translation
1. When the national law and the international are inconsistent, two
important principles can help to resolve the conflict.
2. The various state constitutions represent the highest law of their
states.
3. As a result, there is an increased significance to understand
national and international laws.
Cloze
1. supreme
2. similarly
3. force
4.
approved 5. legislatures
6. power
7. interest
8. lacking
9. left 10. major
11. Despite 12. covered 13. judges 14. handling 15. precedents
Translation
1. 公法影响全体公众，而私法只影响有限的一部分人，他们或者是特定的人群，或者是在特定地点里的人。
2. 有约束力的司法判例是普通法体系的一个特征，这是基于一个总的原则：一旦法院在特定的情形中确定了法律上的立场，那么在将来案情相同的任何案例中，法院也将达成同样的判决。
3. 在英国的法庭上，由法学作者所编写的书并不常被引用，这与许多大陆国家的做法相反。以前在英国引用法学作者的书很少得到许可，而且也仅限于几个有名的权威人士。近来这个规则放宽了些，可被接受的作者也增加了。
4. At present, there are over 3000 laws and regulations in China, covering the areas of politics, economy, military affairs, culture, science and technology, education, marriage and family.
5. Under the guidance of building socialism with Chinese characteristics developed by Deng Xiaoping, China has embarked on the road of rule by law and entered a new course of democracy and legal system.
Topics for discussion
A. Before your discussion, you should get some materials related to the sources of Chinese law after class. Make a careful comparison to find out the differences, then discuss with your classmates to see whether the result you have got is the same as your classmates’.
B. You can talk about the overall picture of the status of the judicial decision in China. If you cannot manage it, you may just list one or two instances to show your awareness of it.
C. To facilitate the discussion about this topic, you can talk about the situation in a certain country that you are most familiar with.
Writing
Paragraph A
(1), (6), (4), (7), (3), (2), (5)
Paragraph B:
(3), (2), (6), (1), (4), (5)
Text II
Questions
1. International law, domestic law
2. No. They are classified according to different criteria and may be overlapping.
3. The state.
4. Civil law systems are codified systems, and the basic law is found in codes; common law resisted codification. It is not based on Acts of Parliament but on case law.
5. Because common law is based on case law, which relies on precedents set by judges to decide a case.
Text III
Case Reading (I)
Questions
1. The first part is the citation which gives us the information about the plaintiff and the defendant, the court that decided this case and the time when the judgment was entered into, etc. The second part is
the facts and background of the case. The third part is the judge’s reasoning and ruling.
2. Megaw and Stephenson LJJ agreed with the ruling; Lord Denning MR dissented.
3. Because the plaintiff enjoyed the prospect of remarriage, which the defendant thought should be taken into account in the judgment. However, when the judgment was entered on 30 July, the judge assessed the plaintiff’s damages without taking in to consideration the
plaintiff’s prospect of remarriage as if the 1971 Act which was to come into effect on 1 August were already in force.
4. Because the judges thought Parliament had ordained that up to that date, 1st August 1971, the law was to remain as before. In the
first ruling, the judge applied the 1971 Act which had not yet come into force. Thus the decision was wrong and contrary to law. It ordered the defendant to pay money which, in law, the defendant could not lawfully be ordered to pay to the plaintiff.
Case Reading (II)
Questions
1. This case is about the compatibility of United Kingdom legislation with Community law. When it is not compatible with Community law, Community law prevails.
2. The plaintiff / the applicant of this case is English companies with most of their directors and shareholders Spanish nationals. The defendant is Secretary of State for Transport, ex parte Factortame Ltd.
3. UK legislation is in conflict with Community law in this case because it is contrary to the provisions of Community law and, in particular, to art 52 of the EEC Treaty for a member state to stipulate the following (a) and (b) as conditions for the registration of a fishing vessel in
its national register.
(a) The legal owners and beneficial owners and the charterers, managers and operators of the vessel must be nationals of that member state or
companies incorporated in that member state, and that, in the latter case, at least 75% of the shares in the company must be owned by nationals of that member state or by companies fulfilling the same requirements and 75% of the directors of the company must be nationals of that member state;
(b) The said legal owners and beneficial owners, charterers, managers, operators, shareholders and directors, as the case may be, must be resident and domiciled in that member state;
Unit 3 Legal Systems
Text I
COMPREHENSION
Questions about the Text
1. The four principal legal systems in the world are Romano-Germanic (civil law), common law, socialist law, and Islamic law.
2. The Romano-Germanic systems predominate in Europe, in most of the former colonies of France, Germany, Italy, Spain, Portugal, and Belgium, and in countries that have westernized their legal systems in the nineteenth and twentieth centuries.
3. Common-law systems are predominant in English-speaking countries.
4. Islamic systems are found in the Middle East and some other parts of the world to which Islamic religion has spread.
5. Socia list legal systems prevail in the People’s Republic of China, Vietnam, Cuba, and North Korea.
6. The Romano-Germanic law has developed on the basis of Roman civil law. The foundation of this system is the compilation of rules made in the sixth century A.D. under the Roman emperor Justinian. They
are contained in the Code of Justinian and have evolved essentially as private law. After the fall of the Roman Empire, the Code of Justinian competed with the customary law of the Germanic tribes that had invaded Europe. The code was reintroduced in law school curricula between A.D. 1100 and 1200 in northern Europe, then spread to other parts of the continent. Roman law thus coexisted with the local systems throughout Europe up to the seventeenth century. In the nineteenth century, the Napoleonic codes, and subsequently, the code of the new German Empire of 1900 and the Swiss code of 1907, are examples of the
institutionalization of this legal system.
7. Common law is “judge-made” law while Romano-Germanic law is enacted law. The divisions of the common law, its concepts, substance, structure, legal culture, vocabulary, and the methods of the common-law lawyers and judges are very different from those of the Roman-Germanic, or civil, law systems.
8. The three objectives of classical socialist law are: First, law must provide for national security. Second, law has the economic task of developing production and distribution of goods on the basis of socialist principles so that everyone will be provided for according to his needs. The third goal is that of education: to overcome selfish and antisocial tendencies that were brought about by a heritage of centuries of poor economic organization.
9. The source of socialist law is legislation. Socialist law rejects the idea of separation of powers. The central notion of
socialist law is the notion of ownership. Socialist law is unique with respect to “socialist” ownership, of which there are t wo versions: collective and state.
10. Islamic law is derived from four principal sources. They include the Koran, the word of God as given to the Prophet. This is the
principal source of Islamic law. The second source is the Sunna, which are the sayings, acts, and allowances of the Prophet as recorded by reliable sources in the Tradition (Hadith). The third is judicial consensus; like precedent in common law, it is based on historical consensus of qualified legal scholars, and it limits the discretion of the individual judge. Analogical reasoning is the fourth primary source of Islamic law.
Vocabulary
a-9 b-11 c-15 d-14 e-17 f-10 g-16 h-19 i-1 j-6
k-2 l-18 m-3 n-4 o-7 p-5 q-12 r-8 s-13
Paraphrase
1. Today, most European countries have national codes, and these codes have developed on the basis of both customary and Roman law. As a result, their legal systems belong to the Romano-Germanic legal systems.
2. Although it has many forms, if we look at the history, we can find that the origin of the socialist legal system is the 1917 Bolshevik Revolution. This revolution produced the Union of Soviet Socialist Republics.
3. According to their ideal, they must strengthen and increase the power of the state so that they can prevent attacks on the socialist state and make sure that different nations can exist at the same time peacefully.
4. The third is judicial agreement; like precedent in common law, it is based on the collective opinions that qualified legal scholars agreed upon in history, and when the individual judge makes a decision, he has to consider those opinions.
5. In the same way, if a female and a male have been hurt in the same crime, the female would get half the compensation a male would receive, since a male has the right to get an inheritance which is twice that of female.
EXERCISES
Blank Filling
1. enactment
2. statutes
3. predominated
4. inflicted
5. doctrine
6. consensus
7. precedent
8. consolidated
9. discretion 10. integral
Error Correction
1. dealing in à dealing with
2. like à alike
3. alternate à alternative
4. rises à arises
5. insist for à insist on
Grammar
A. Multiple choice
1. D
2. A
3. D
4. B
5. C
6. B
7. D
8. A
9. A
10. A
B. Partial translation
1. on the basis of
2. in the form of
3. brought about
4. as well as
5. coexisted with
Cloze
1.code
2.fashion----
3.therefore
4.subordinate
5.confusingly
https://www.doczj.com/doc/a36116871.html,piled
7.terms
8.however
9.based on 10.nor
11.consolidate 12.enact 13.cases 14.referred to 15.or
Translation
1. 民法法系作为一个自成一家的法律体系，在欧洲大陆产生并发展。在这种法律
的形成过程中，殖民的影响、法学运动、以及各种重要的法典尤其是十九世纪的法典，都起了作用。
2. 普通法系，包括几种特有的法律传统，被认为是世界上两大法律体系之一，也
是两个最有影响力的法律体系之一。
3. 当然，东欧和前苏联传统上被看作社会主义法律体系，这反映了其马克思列宁
主义的源头和意识形态。
4. Generally speaking, the legal system in new China develops by
imitating that of the former Soviet Union and is therefore a socialist one. However, if we look into history we can still find traces of the Roman tradition.
5. In China, court verdict, including that o f the Supreme People‘s Court, has no binding power over the later verdict of other courts.
Judges usually make their verdict based on promulgated laws.
Topics for Discussion
A. First make a comparison between “judge made” law and “enacted” law, and then tell your own preference.
B. The reasons lie in the similarity between the socialist legal systems and the civil law system. You can give a list of the similarities between them.
C. The penalty of stoning in Islamic law is very particular compared with the punishment found in other legal systems. Make a comparison, and find out whether there is a better choice.
Writing
A. Common law was developed in and by the courts, giving judge made law considerable weight.
B. Civil law was compiled and refined in the universities, later
codified by the legislature.
C. In civil law systems, there is a fundamental distinction drawn between private law and public law which is more firmly rooted, and more sharply drawn, than in common law systems.
D. The notion of legal families is not free from criticism and has been variously interpreted.
Text II
Questions
1. Canada is composed of ten provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan and of two territories: the Northwest Territories and the Yukon. A new territory, named Nunavut,
will be officially established on April 1, 1999. Canada has two official languages: English and French, and two legal systems: the common law and the civil law.
2. There are six sources of law in Canada. They are the Canadian Constitution, international treaties, federal / provincial laws,
judicial opinions and custom.
3. The Canadian Constitution is the supreme source of law in Canada.
All federal and provincial laws must be consistent with it. Unlike the American Constitution, it is not a single document. The "Constitution of Canada" consists of 25 primary documents, including 14 acts of the British Parliament, seven acts of the Canadian Parliament and four British orders in council. The Constitution Act, 1867, remains the basic element of Canada’s written constitution. It created the federation, the provinces, the territories, the national Parliament and the provincial legislatures. It also sets out the powers of each level of government and guarantees Quebec’s distinctive civil law.
4. In all Canadian provinces, with the exception of Quebec, which has largely a civil law tradition, case law is an important part of the interpretation of the Constitution, statutes and regulations. Most court decisions can be found in their individual official reports (Supreme Court, Federal Court, provincial courts of appeal, provincial superior courts and provincial courts as well as certain administrative tribunal reports) and in certain commercially published reports. Decisions of the Supreme Court of Canada are binding on all lower courts. Decisions of a provincial court of appeal are binding within the province and will be considered of persuasive value in other provinces. Court decisions from the United Kingdom, other Commonwealth countries and the United States are sometimes referred to by Canadian courts.
5. The three entities making up the federal Parliament of Canada, the Governor General, the Senate, and the House of Commons must give their approval before a written document can become a law. Public bills (proposed statutes) are generally introduced to the House of Commons by one of the federal Ministers after approval by the Cabinet. Individual
Members of Parliament (MPs) also have the opportunity to present bills, in the form of a Private Member‘s Bill. Senators can also present a
bill (Section 53 of the Constitution) as long as it does not levy any tax or involve spending money. Passage of a federal statute requires three readings in each of the House of Commons and the Senate. Following the third reading, a vote is taken by the House of Commons or Senate to adopt or reject the bill, as amended. Once the final bill has been passed by both houses of Parliament, it requires royal assent by the Governor General. Provincial statutes are adopted in substantially the same manner as federal ones. However, only the Legislative Assembly of the Province is required to vote. Approved provincial legislation must also be given royal assent by the Lieutenant Governor before coming into effect.
6. In Canada, there is no requirement that legislative and executive powers be exercised by separate and independent bodies. At the federal level, the C abinet is the government‘s principal decision-making body, directs the government and defines its positions, implements laws, adopts related regulations and manages the government administration. The Cabinet is responsible for most legislation. It has the sole power to prepare and introduce bills providing for the expenditure of public money or imposing taxes. At the provincial level, the Executive Council plays the same role as the Cabinet at the federal level.
7. Quebec has a civil law tradition originating from France. The principal characteristic of the common law is the application of previous court decisions (case law) to the facts of the case before the court. By contrast, the application of the civil law in Quebec focuses mostly on the interpretation of codified laws. The Quebec courts can
rely only on the existence of statutory provisions (either in the Civil Code or in other statutes) in order to impose a sanction or to penalize conduct or an activity.
8. The general court of appeal for Canada is the Supreme Court of Canada. Most cases come to the Supreme Court on appeal from the provincial courts of appeal and the Federal Court of Appeal. Usually, the Court must give its permission (called "granting leave to appeal") before an appeal can be brought, although there are exceptions to this rule, primarily for certain criminal cases. The Court grants leave in cases which raise a legal issue of public importance.
9. The highest court in the provincial system is the provincial court
of appeal. The second level of judicial authority, often called the superior court, is a court of ordinary law which hears all cases not falling within the express jurisdiction of any other court or body. At the base of the judicial hierarchy are the so-called "lower" courts, normally referred to as the provincial court per se, which is in fact a group of somewhat specialized courts with very specific mandates.
10. Administrative tribunals. Administrative tribunals are decision-making bodies established by statute. They function somewhat like courts, but focus on specialized areas such as environmental appeals, labour relations, public utilities, and tenancy disputes. Decisions of administrative tribunals are subject to review by superior courts or the Federal Court.
Text III
Questions
1. The plaintiff is Dr Laurence Godfrey, who is a lecturer in physics, mathematics and computer science based in London.
2. The Defendant, Demon Internet, is one of the major Internet Service Providers ("ISPs") within the United Kingdom.
3. The case of Laurence Godfrey v. Demon Internet Limited involves the first judicial decision within England and Wales which concerns a defamatory statement made via e-mail through an Internet Usenet discussion group. On 13 January, 1997, a posting in the USA was made to an Internet newsgroup "soc.culture.thai" which Demon Internet carries
and stores through an unknown source. The message was traced back to a forged message which made it appear that it came from the Plaintiff in the case. On 7 January, 1997, the Plaintiff requested the Defendants to remove the posting from Demon Internet’s Usenet news server as it was defamatory of him. The defamatory posting was not removed as requested but remained available on the Demon Internet news server until its
expiry on about 27 January, 1997. Technically, Demon was in a capacity
Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.doczj.com/doc/a36116871.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a
1 A buyer can accept goods by: A. Stating an intention to take them. B. Failing to reject them. C. Treating the goods as if the buyer owned them. D. All of the above. 2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. In order for someone to be convicted of a crime, which of the following elements must be present? A. The defendant had a socially maladjusted childhood. B. The defendant had no intent to commit the act. C. The defendant performed a prohibited act. D. The defendant performed a morally questionable act. Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: A. Robbery. B. Embezzlement. C. Misappropriation. D. Conversion. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs: A. Insider trading. B. Economic espionage. C. Money laundering. D. Burglary. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:
2013-2014学年第二学期 华侨大学法学院期末考试试卷 考试科目：法律英语考核类型：A卷考试时间：120 分钟 学号姓名授课教师骆旭旭 (注意：所有的答案（包括选择题）应做在空白答题纸上) Exercise 1: Translate the following sentence into Chinese.(30%) The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function". Functionally, the public undertakings have been broadly classified into four heads: ?Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc. ?Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc. ?Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc. ?Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.
练习1：外国合营者如果有意以落后的技术和设备进行欺骗，造成损失的，应赔偿损失。If the foreign joint venturer causes any losses by deception through the intentional use of backward technology and equipment, it shall pay compensation for the losses. 修改提示：单复数考虑不周；用语不够简洁。 答案（修改要点）：causes any losses →causes any loss(es) 造成一项或多项损失时都应当赔偿，不能仅用复数形式。 pay compensation for the losses →pay compensation therefor (therefor=for that/them) 练习2：人民法院、人民检察院和公安机关办理刑事案件，应当分工负责，互相配合，互相制约，以保证准确有效地执行法律。 原译文：The people’s courts, people’s procuratorates and public s ecurity organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law. 修改提示：“分工负责”，应理解为：侧重点在“负责”，而非“分工”，即分工过程中各负其责；respective 比own 更为妥当、准确；原来的译文中，and they shall …比较啰嗦，更严重的问题是，使to ensure …割断了与divide their functions 的联系。 答案（修改要点）：in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.→… in handling criminal cases, take responsibility for their respective work while dividing functions, co-ordinate, and check each other, to ensure correct and effective enforcement of law. 练习3：商标注册人享有商标专用权，受法律保护。 原译文：Trademark registrants shall enjoy the right to exclusive use of their trademarks and shall be protected by law. 修改提示：商标专用权的译文“貌合神离”，立法原意是“商标专有权”；受法律保护的主语有些歧义，可加括号处理；原文shall滥用，因为并未刻意强调“必须，一定要”。 答案（修改为）：Trademark registrants have the exclusive trademark right, (and are) protected by law. 练习4：被告人的犯罪情节极其严重、社会影响极其恶劣、社会危害极其严重。 原译文：The extremely serious circumstances of the offense committed by the accused have brought abominable influence and severe hazard to the whole society. 修改提示：bring的用法有些生硬，动宾搭配不太适当。 答案（修改为）：have brought abominable influence and severe hazard to the whole society. → have exerted an abominable influence and posed a severe hazard to society. (exert, vt. 施加，产生，如exert pressure on, exert an influence on; abominable, adj. 可恶的，极坏的；pose v. 提出，形成，成为；使摆好姿势pose a problem; pose an obstacle/a threat to …) 练习5：买卖双方同意按下列条款由卖方出售，买方购进下列货物：货号; 品名及规格；数量；单价；总值(数量及总值均有_____%的增减, 由卖方决定)；生产国和制造厂家；包装；唛头；装运期限；装运口岸；目的口岸；保险；
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies
新概念英语课后练习题答案第二册：Lesson 73 新概念英语第二册课后习题lesson 73 1. c 根据课文第5行he hitchhiked to dover (他搭便车到了多佛)能够判断只有c. someone gave him a lift (某人让他搭便车)与课文的内容相符，并能说明他是怎么到达多佛的，其他3个选择都与课文 内容无关。 2. a 根据课文第9-10行the next car…did not take him into the centre of paris as he hoped it would, but to perpignan…,能够看出只有a.与课文内容相符，其他3个选择都不符合课文的内容，所以选a. 3. d 这是一个针对行走的路程提问的疑问句，回答是1600miles.所以需要一个合适的疑问词。 a. how long是对长度或时间长短提问的。 b. how long ago 是问时间的 c. how much further 是对水准提问的。 只有d. how far 是问行走路程的，所以选d. 4. a 此句是针对方式提问的,所以需要一个表达方式的短语作为简短 回答.只有a. by hitchhiking 是说明方式的,所以选a. 5. c
a. no one , b. none, d. not one 都表示否定意义，而这个个 句子已经是否定句，所以不应该再填表示否定意义的词，所以这3个 选择都不对。只有c. anyone 能用在否定句或疑问句中，所以c.是 准确答案。 6. d 本句是将前一句的主动语态转换成了被动语态，所以原来的宾语him需要变成本句的主语，作主语就需要用主格人称代词，所以d. he 是准确答案，而其他3个选择都不是主格人称代词，都不能做主语。 7. a 只有选a. being picked up by a policeman 最符合语法和题目意思。after后面能够跟一个动词+ -ing 形式或一个句子作时间状语。 b. he picked up 虽然是一个句子，但不合乎语法，因为它后面 有by a policeman 应该用被动语态 he was picked up 才准确; c. been picked up 语法错误; d. picking up 虽然是动词+ -ing 形式，但不能表示被动的意义。所以只有a是对的。 8. d 该句中的play truant 有“逃学，故意不去上学”的含义，所以只有选d. on purpose最符合题目意思，合乎逻辑。其他3个选择都 不合乎逻辑。 9. a 前一句中的unimaginative 意思为“缺乏想像力的”，该句需要选一个与它含义相反的名词才能使这两个句子意思相同。 只有a. imagination(想像力)与unimaginative 含义相反，所 以应该选a.
法律英语证书（LEC）全国统一考试样题 试卷一 本题为单项选择题，限时180分钟。 1. Bill of Rights a. Domestic federal legislation. b. Legal protection against interference of rights by private individuals. c. A popular name given to the first ten amendments to the U.S. Constitution. d. The federal constitutional provision which grants rights to state governments. 2. Standing a. Abbreviation of “notwithstanding” b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide a remedy. c. The ripeness of a case or controversy. d. The status of a person, group, or organization appearing as a “friend of the court.” 3. Consideration a. Process of judicial deliberation before rendering a decision in a contested case. b. The lengthy recitals of “boilerplate”language appearing in many contracts. c. The inducement to enter a contract, and a necessary element to prove the validity of a contract. d. The detrimental reliance of an offere e. 4. Promissory Estoppel a. A failure to prosecute a civil or criminal action. b. Power to make an offer to the public rather than a specific individual. c. Equitable doctrine recognized as substitute for consideration in some cases. d. Ability of an agent to bind a principal in matters beyond the scope pf agency.
1. To discuss the differences between the civil law system and the common law system. ⅠThe original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. ⅡThe main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. ⅢThe civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. ⅣThe classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity. ⅤSince theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge's decision is more important. ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses. 2. To discuss the main differences between American and Chinese law school teaching. ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching method In USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class. In China, the professor exposes the law to his students, who take notes and do not intervene in class. ⅢCases vs. Doctrines
It is raining 一.单项选择： 1.What _______ day it is today! A. a sun B. sunny C. a sunny D. sun 2.--- ______ --- It’s cloudy. A. What’s this? B. Do you like the weather here? C. Is the weather fine? D. How’s the weather now? 3. --- Hello! _____ Ann. Is that Sue speaking? --- No, she is out. A. This is B. I’m C. That is D. She is 4. --- _____? --- He is watching TV. A. What’s Jeff doing ? B. What is Jeff C. How is Jeff D. What does Jeff like 5. Look, The children _______English now. A. study B. studies C. is studying D. are studying 6.--- How is the weather today? --- It’s ____. A. sunny B. Sunday C. long D.June28 7. It often _____ in South China. A. rain B. rainy C. rains D. to rain 8.--- Hi, Tenny. ______ speaking . --- Oh, hi, Tony. A. I’m Tony B. This is Tony C. That is Tony D. There is Tony 9.--- I want to go to Beijing tomorrow. --- _____. A. That’s all right B. Sounds like a good idea C. You’re right D. No problem 10.Joe can play ___ violin, but he can’t play ____ basketball well. A. the, \ B. the, the C. \,\ D. \, the 11. --- Le t’s watch TV after dinner. --- _____. A. Yes, I’d love to B. Sorry, I’m not C. I don’t know D. That’s a good idea 12. --- Are you a _____? ---Yes, I am ______ now. A. cooker, cooking B. cook, cooking C. cooker, cook D. cook, cook 13.There is a lot of ______ today in Hainan. A. wind B. winds C. windy D. winding 14. It’s _______, but it’s very hot. A. cloud B. clouds C. clouding D. cloudy 15.My new ______ can tell me the right time. A. cloud B. watch C. read D. cook 16.--- Where is Bruce? --- He is _____ at the pool over there. A. swim B. swims C. swiming D. swimming 17.Everyone in our class ______ here. A. am B. is C. are D. be
法律英语考查试题及答案 一、英译汉 1.general jurisdiction 一般管辖 2.bar examination 律师考试 3.ripeness 案件成熟度 4.substantive law 实体法 5.no contest pleas 不辩护也不认罪的答辩 二、汉译英 1.巡回法院circuit courts 2.模拟法庭moot court 3.案件决议度mootness 4.起诉书complaint 5.被上诉人appellee 三、翻译短文 1.No two legal systems,then,are exactly alike.Each is specific to its country or its jurisdiction.This does not mean,of course,that every legal system is entirely different from every other legal system.Not at all.When two countries are similar in culture and tradition,their legal systems are likely to be similar as well.No doubt the law of E1Salvador is very much like the Law of Honduras.The laws of Australia and New Zealand are not that far apart. 没有两个法系是恰好相似的。每一种法系对于它的国家和它的管辖范围是特定的。当然，这并不意味着每一种法系是完全不同于其它任何一种法系。当两个国家在文化和传统上相似的时候，他们的法系也很可能相似。难怪萨尔瓦多的法律和洪都拉斯的法律异常相似。澳大利亚的法律和新西兰的法律也不是相差甚远。 2.In many jurisdictions in the United States,felonies are crimes punishable by death or imprisonment in a state prison or penitentiary and misdemeanors are those punishable by fine of imprisonment in a local jail.(The term jurisdiction refers to the authority of a political entity,such as a state or a county ,or the territory over which that authority is exercised.)In other jurisdictions,crimes punishable by fine or imprisonment in a local jail.(The term jurisdiction regers to the authority of a political entity,such as a state or a county,or the territory over which that authority is exercised.)In other jurisdictions,crimes punishable by imprisonment for one yeat or more are folonies,and those punishable by fine or imprisonment for less than one year are misdemeanors.Since each jurisdiction determines the penalties for offenses it defines,a misdemeanor in one jurisdiction may constitute a felony in another.Some jurisdictions have an additional classification for petty offenses,also called infractions,which are usyally punishable by a small fine. 在美国的许多地区，重罪是被处以死刑或者在州监狱里终身监禁的犯罪，而轻罪是被处以罚款或者是在当地监狱监禁的犯罪。（这个管辖术语涉及政治性实体的权威，例如一个州或者一个国家，或者一个培训权威的领地。）在其他地区，被处以监禁一年或一年以上的