法律英语课后答案

Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.。

Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legalsystems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is calleda justice of the supreme court of that state, while a man who holds anequivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of thefederal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization,or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitutionto the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources, 6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute ina country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it willbe recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand(d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or shepresumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff 5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in sucha manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liabilitydoctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do somefuture act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded bythe corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What arethey?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms. 10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history. 6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。

1：外国合者如果有意以落后的技和行欺，造成失的，失。

If the foreign joint venturer causes any losses by deception the intentional use of backward technology and equipment, it shall payc o m p e n s a t i o n f o r t h e l o s s through e s.修改提示：复数考不周；用不。

答案（修改要点）： causes any losses → causes any loss(es) 造成一或多失都当，不能用复数形式。

pay compensation for the losses → pay compensation therefor (therefor=for that/them)2：人民法院、人民察院和公安机关理刑事案件，当分工，互相配合，互相制，以保准确有效地行法律。

原文： The people ’s courts, people ’s procuratorates and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts andcheck each other to ensure correct and effective enforcement of law.修改提示：“分工”，理解：重点在“ ”，而非“分工”，即分工程中各其； respective比own更妥当、准确；原来的文中，and theyshall ⋯比，更重的是，使 to ensure ⋯割断了与 divide their functions 的系。

21世纪法律英语第三版答案1、He either watches TV _______ reads books in the evening. [单选题] *A. or(正确答案)B. andC. toD. so2、Grandfather lives with us. We all _______ him when he gets ill. [单选题] *A. look after(正确答案)B. look atC. look forD. look like3、--Do you often go to the cinema _______ Sunday?--No, we _______. [单选题] *A. on; don’t(正确答案)B. on; aren’tC. in; doD. in; don’t4、( ) Some students preferred to stay in the toilet ______ do morning exercises. [单选题] *A in order to notB in not order toC in order not to(正确答案)D not in order to5、The old woman doesn’t feel _______ though she lives _______. [单选题] *A. alone; lonelyB. alone; aloneC. lonely; lonelyD. lonely; alone(正确答案)6、She’s _______ with her present _______ job. [单选题] *A. boring; boringB. bored; boredC. boring; boredD. bored; boring(正确答案)7、My home is about _______ away from the school. [单选题] *A. three hundred metreB. three hundreds metresC. three hundred metres(正确答案)D. three hundreds metre8、My friend and classmate Selina（)running in her spare time. [单选题] *A.likeB. likes (正确答案)C. is likedD. is liking9、I am so excited to receive a _______ from my husband on my birthday. [单选题] *A. present(正确答案)B. percentC. parentD. peace10、--Do you have a _______?--Yes, I _______ at a clothes store. [单选题] *A. work; workB. work; jobC. job; jobD. job; work(正确答案)11、Don’t talk _______. Your grandmother is sleeping now. [单选题] *A. happilyB. nearlyC. loudly(正确答案)D. hardly12、( ) --------Please take my seat here.-------- __________________________. [单选题]*A. That is nice of you(正确答案)B. I think it is my seatC. No, you sit hereD. I don’t think it’s a good seat.13、My camera is lost. I am ______ it everywhere.（）[单选题] *A. looking atB. looking for(正确答案)C. looking overD. looking after14、People always _____ realize the importance of health _____ they lose it. [单选题] *A. not... untilB. don't... until(正确答案)C. /; untilD. /; not until15、51．People usually ________ the prices before they buy something. [单选题] * A．receiveB．payC．spendD．compare(正确答案)16、49．________ is the price of the product? [单选题] *A．HowB．How muchC．What(正确答案)D．How many17、He doesn’t feel well. He has a _______ nose. [单选题] *A. runingB. rainingC. runny(正确答案)D. rainy18、—Would you like some milk?—Yes, just _____, please. [单选题] *A. a little(正确答案)B. littleC. a fewD. few19、18．Monica wants to be a _______. She is good at sports and she loves teaching others. [单选题] *A．coach(正确答案)B．secretaryC．architectD．waiter20、How _______ Grace grows! She’s almost as tall as her mother now. [单选题] *A. cuteB. strongC. fast(正确答案)D. clever21、Before you quit your job, （）how your family will feel about your decision. [单选题] *A. consider(正确答案)B. consideringC. to considerD. considered22、I like the food very much.It is _______. [单选题] *A. terribleB. expensiveC. delicious(正确答案)D. friendly23、I have worked all day. I'm so tired that I need _____ . [单选题] *A. a night restB. rest of nightC. a night's rest(正确答案)D. a rest of night24、—Judging from ____ number of bikes, there are not many people in the party.—I think so. People would rather stay at home in such _____ weather. [单选题] *A. the, aB. a, /C. the, /(正确答案)D. a, a25、Once you get on the road, here are some traffic _______ to remember. [单选题] *A. problemsB. positionsC. rules(正确答案)D. points26、95．-Dad, can we walk? ? ? ? ? ? ?the road now?-No,we? ? ? ? ? ? ? ? ? ? . We have to wait until the light turns green. [单选题] *A．across, needn’tB．across, mustn’t(正确答案)C．though, can’tD．through, mustn't27、On Mother’s Day, Cathy made a beautiful card as a ______ for her mother. [单选题] *A. taskB. secretC. gift(正确答案)D. work28、_______ your help, I can’t finish my job. [单选题] *A. withB. without(正确答案)C. inD. into29、—_____ are the Olympic Games held? —Every four years [单选题] *A. How longB. How often(正确答案)C. How soonD. How far30、It' s a pity that we have to stay at home when we are having（）weather. [单选题] *A. so fineB. so fine aC. such fine(正确答案)D. such a fine。

法律英语翻译练习与答案HUA system office room 【HUA16H-TTMS2A-HUAS8Q8-HUAH1688】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 c o m p e n s a t i o n f o r t h e l o s s e s.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 security 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 theyshall …比较啰嗦，更严重的问题是，使to ensure …割断了与divide their functions 的联系。

1. 法官不仅对诉讼当事人，而且对国家和人民都负有高度的责任。

2. 作为法官，必须公平、勤勉、专注、心平气和、彬彬有礼、富有修养，不但能够迅速查明事实，运用法律，解决争议，还能为当事人、证人、陪审员及其他出庭人员考虑周到。

3. 法官在判案时，不能为个人的盛名而忧虑，也不能被自己的感情和利益所左右。

4、作为律师，必须有同情心、有修养，对人类的弱点敏感，并有勇气为那些不得人心的案件进行辩论。

5、全国人民代表大会授权香港特别行政区依照本法规定实行高度自治，享有行政管理权、立法权、司法权和终审权。

1. Judges owe very high duties not only to litigants but also to the State and the people. ( to bear a high responsibility to sb. for sth./ to have an obligation to )2. As a judge, one must be impartial, hard-working, attentive, courteous, prompt in ascertaining the fact, applying the law, resolving the disputes and considerate of litigants, witnesses, jurors and others in attendance upon the court.3. When a judge is deciding a case, he cannot be apprehensive of his personal popularity and be swayed by his own feelings and interests.4. As a lawyer, one must be compassionate, civil, sensitive to human weaknesses, and courageous to defend for those unpopular cases.5. The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this law.。

法律英语-沙丽金版-阅读文本问题答案Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct d estructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system?Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law? The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18thcenturies?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where shoul d people go if they wanted to apply for injunctions beforethe 20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil lawcountries and that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.W hat are the differences in the criminal procedures of the two majorlegal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the statejudicial hierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Pleasegive examples.No. For examples, a man who sits on the highest court of New Jersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals.They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, calledbriefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the fed eral court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number ofthe federal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create fed eral circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dosethe Supreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which anorganization, or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by theconstitution to the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an areaexclusively enumerated to the federal government in the constitution. 3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym foruncodified constitution?Because all modern democratic constitutions consist of some written sources,6.What do the codified and uncodified constitutions respectively resultfrom?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and astatute in a country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.A re there any differences between the constitutional law and statutorylaw in states using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality. Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate d efinition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a personis guilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposedfor an omission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.H ow is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand (d) the exclusion of evidence obtained by the state in an illegal manner10.H ow many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing asuit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law.10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in such a manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that ifthe plaintiff is more than 50 percent at fault, he or she cannot recover. 9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strictliability doctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateralcontracts?A bilateral contract is one in which the parties exchange promises to d osome future act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result.A voidable contract is one that is binding until it is disaffirmed orcanceled by the party with the authority to d o so.4.What are the key elements for the formation of a contract?(1)t he capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concludedby the corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders.7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? Whatare they?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in complex contracts beavoided?Complex contracts often contain sections that clearly define certain terms.10.H ow do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for theindustrial development?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charteroriginally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas”the product of the mind? And are the “ideas”protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with therights associated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intell ectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history.6.What is the shaping of the intellectual property law cl osely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual propertyrights? What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs. 10.W hat are the remedies in intellectual property cases?Delivery up, damages and an account of profits。

法律英语试题及答案一、选择题（每题2分，共20分）1. Which of the following is NOT a type of tort?A. BatteryB. TrespassC. NuisanceD. Contract答案：D. Contract2. In the context of criminal law, what is the term for a person who has been found guilty of a crime?A. AccusedB. DefendantC. ConvictD. Plaintiff答案：C. Convict3. What is the term for a legal document that sets out the terms and conditions of a contract?A. Memorandum of UnderstandingB. Letter of IntentC. AgreementD. Deed答案：C. Agreement4. Which of the following is NOT a fundamental principle of law?A. Stare DecisisB. PrecedentC. EquityD. Precedence答案：D. Precedence5. What is the term for a legal proceeding that involves a dispute between two parties?A. LitigationB. ArbitrationC. MediationD. Negotiation答案：A. Litigation6. In legal terms, what does the acronym "LLC" stand for?A. Limited Liability CompanyB. Legal Liability CompanyC. Limited Liability CorporationD. Legal Liability Corporation答案：A. Limited Liability Company7. Which of the following is NOT a type of intellectual property?A. TrademarkB. PatentC. CopyrightD. Real Property答案：D. Real Property8. What is the term for a legal document that grants a person the right to use a trademark?A. LicenseB. FranchiseC. LeaseD. Assignment答案：A. License9. In the context of employment law, what is the term for a worker who is not an employee but is self-employed?A. Independent ContractorB. FreelancerC. ConsultantD. Intern答案：A. Independent Contractor10. What is the term for a legal system that is based on written laws and statutes rather than on precedents or customs?A. Civil LawB. Common LawC. Statutory LawD. Case Law答案：A. Civil Law二、填空题（每题2分，共20分）11. The principle of "innocent until proven guilty" is a fundamental aspect of ________ law.答案：criminal12. A ________ is a legal document that outlines the rights and responsibilities of the parties involved in a contract.答案：contract13. The term "due process" refers to the proper legal procedures that must be followed to protect the rights of individuals, particularly in________ law.答案：criminal14. A ________ is a legal proceeding in which a dispute is resolved by a neutral third party who is not a judge.答案：arbitration15. The term "probate" refers to the legal process of proving the validity of a ________.答案：will16. A ________ is a legal document that provides evidence of a debt, such as a loan or a credit agreement.答案：promissory note17. The ________ is the branch of government responsible for enforcing laws and maintaining public order.答案：executive18. A ________ is a legal proceeding in which a judge or jury determines the guilt or innocence of a defendant.答案：trial19. The ________ is the branch of government that makes laws.答案：legislative20. A ________ is a legal document that grants permission to use someone else's property or intellectual property.答案：license三、简答题（每题10分，共40分）21. Explain the difference between "common law" and "civil law" systems.答案：Common law systems are based on precedents and judge-made law, whereas civil law systems are based on written codes and statutes. Common law systems emphasize case law and the doctrine of stare decisis, where judges are bound by previous decisions. Civil law systems, on the other hand, rely on comprehensive codes that cover all aspects of the law, and judges have less discretion in interpreting the law.22. What are the key elements of a contract?答案：The key elements of a contract include offer, acceptance, consideration, intention to create legal relations, capacity, and legality of the subject matter. These elements must be present for a contract to be legally binding.23. What is the concept of "mens rea" in criminal law?答案：Mens rea refers to the mental state or intention that a person must have to be held legally responsible for a crime. It is the guilty mind or criminal intent that, along with the actus reus (the criminal act), is required to prove that a person is guilty of a crime.24. Describe the role of a solicitor and a barrister in the legal profession.答案：A solicitor is a legal professional who provides legal advice, prepares legal documents, and represents clients in lower courts or in certain types of legal proceedings. A barrister, on the other hand, is a specialist in advocacy and represents clients in higher courts. They are usually instructed by solicitors to plead cases in court and provide expert legal opinions.四、案例分析题（每题20分，共20分）25. A company, ABC Corp, has been accused of polluting a local river, which has resulted in significant damage to the environment and the livelihoods of local fishermen. The fishermen have filed a lawsuit against ABC Corp, claiming compensation for their losses. Analyze the potential legal issues and the possible outcomes of this case.答案：In this case, the potential legal issues include environmental law violations, tort law (specifically, nuisance and possibly negligence), and possibly corporate law if the company's actions are found to be in breach of regulations or company policies. The fishermen would need to prove that ABC Corp's actions directly caused the pollution and their subsequent losses. Possible outcomes include ABC Corp being found liable and ordered to pay damages to the fishermen, or the case being settled out of court with a financial agreement. If ABC Corp is found guilty, they may also face penalties or sanctions from environmental regulatory bodies.。

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 private 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 other countries, 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 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. 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 authority.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 ,without monetary 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 citizenship”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 action”. 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 isabout 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)adequate alternate 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”instructions 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 ruling 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 the applicablelaw 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 satisfy a 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.。

第一幕秘书：Hello, I’m the secretary of the Beijing Automobile Co. What can I do for you?律师2：I’m a lawyer from the East China Jiao Tong University law firm. My name is X X. This is my partner X X, we had made a appiontment with your General Manager yesterday. We must have a talk with your General Manager （总经理）now.秘书：Ok, this way please, follow me!旁白：Five minutes latter, outside of the General Manager’s office.秘书：Mr wang, these are the East China Jiao Tong University law firm’s lawyers. (秘书下)总经理：Oh, I know. Thanks for your coming. Nice to meet you.律师1、律师2（合）：Nice to meet you , too.总经理：Have a seat and let’s get right to it.(让我们开门见山直奔主题) 律师1、律师2：Okay, shoot.总经理：Now, let me introduce you the basic situation. We’d like to set up a Chinese-foreign joint venture with Michigan Automobile Co. We want to have control of the joint venture management and we will provide 20 million USD in capital, plus land, plant and equipment.律师1: I understand, so you need us to draft a joint venture agreement. Ok, we need to sign a power of attorney. （我们需要签一份委托书)总经理：Ok, I need you go with us during talks. If you see a urgent problem, whisper it to me or hand me a note, otherwise, wait until we’re on break or after the negotiation.律师1：Sure, I can live with that. Anything else?总经理：Not really, just that all your comments should be told me at the first time.I get the final say on whether it gets into the meeting.律师2：If you forget something I see as important, I’m going to inform you in writing.总经理：No problem.律师1：It’s my pleasure to cooperate with you, but we’d better to talk about the attorney fees.总经理：Ok, we will pay you according to the standard of attorney fees. If Michigan Co. and we can reach agreement we’d like to pay you another 10,000 yuan .律师2：Wish a wonderful cooperation !旁白：Meanwhile ,the representatives of Michigan Co. interview the lawyers from the American law firm.The second scene: the representatives and lawyers from both sides make the negotiation which is held to negotiate about the joint venture and todraft a letter of intent.第二幕中国的董事长和经理：Nice to meet you.美国的董事长和经理：Nice to meet you too .中国的董事：Last cooperation with your company is very wonderful .After the feasibility study ,our Co. is interested in forming a joint venture to assemble and sell automobiles using your company’s engines.美国的董事：Chinese market is attractive. We’d like to cooperate with you , too.美国的经理：In order to make the negotiation quickly and efficiently ,I suggest introduce the basic situation of companies respectively. Please allow me to introduce our Co. firstly, Our company has 2350 workers including engineers and technical workers 300, has 400 million USD fixed assets .It produces a powerful efficient 4-cylinder automobile engine of its own design.中国的经理：Our company has 40000 workers including engineers and technical workers 48,has fixed assets 450 million yuan .美国的董事：How about your production process?中国的经理：Our factory’s production process is on the first class in China even in the Southeast Asia .Our detection means is excellent and the industrial equipments are advanced as well.美国的经理：How many automobiles does your company manufacture every year?中国的经理：More than 1 million.美国的董事：Ok ,we are satisfied with your company.中国的董事：I’m very pleased. We believe we should have control of the joint venture management because our company provide 20 million USD in capital plus land，plant and equipment.美国的董事：No, I don’t agree with you. We must have control of the joint venture management. After all, we provide 40 million USD in capital plus patents know-how and other technology. Suppose you don’t have patents, you couldn’t manufacture. What’s more, from the last feasibility study which has shown that there is great demand for such engines in China, it can bring you great profits.中国的董事：I’m for your opinion, but you couldn’t ignore we have the excellent production process and cheap labor. If you don’t want to cooperate with us, that is to say, you choose other companies in China or Asia, you should make sure whether they can put your patents and technology into practice. While we can meet your requirement. Of course, you also can choose Japan or Korea, but you need to know where is themarket – it’s China and even Southeast Asia. I believe it can be a large number of transportation expenses. In addition, they don’t have cheap labor either. The last but not the least, we are familiar with the market in China and Southeast Asia. Our company’s condition is unique and perfect.中国的经理：About patents ,we will ask the asset appraisal company to evaluate.美国的董事：Wait a minute.旁白：At the moment, the chairman whispers to his lawyer.美国律师1：According to the Law of the People’s Republic of Chinese-Foreign Quity Joint Ventures. The proportion of the investment contributed by the foreign joint ventures shall generally not be less than 25% of the registered capital of a joint venture. The parties to the venture shall share the risks and losses in proportion to their respective contributions to the registered capital. No assignment of the registered capital of a joint venture shall be made without the consent of the other parties to the venture. Y ou need to think twice.旁白：After a hot discussion.美国的董事：Um, We decide that you have control of the joint venture management, but we should take 48% share. Ok?中国的董事：Ok, we reach the agreement.中国的经理：Now the most important thing has decided. How about the equipments and materials?美国的经理：Our Co. wants to import some equipments and materials from the United States.中国的经理：I think the cost is too high. Our company wants to use Chinese equipments and materials as much as possible.美国的经理：It’s known to all, American equipments are more advanced. Moreover, equipments are vital to manufacture products.中国的经理：But the materials in China are cheaper than American. In addition, the Chinese-foreign joint venture will set up in Beijing. It’s more convenient and cheaper to transport.美国的董事：Okay, considering all the sides, we had better import equipments from the United States while materials must buy from China. How about your viewpoint?中国的董事：No problem.中国的律师1：Y ou should consider the first capital to start the operation of the joint venture.中国的董事：It’ll need 50 million USD in capital to start the operation of the joint venture .Based on the share, we need due 26 million USD andyou will due the left.美国董事：We will due the capital in a week.美国律师2：Y ou ought to determine how soon do you transfer the property.中国经理：In 15 days.美国的经理：Ok! The exciting moment is coming, we should pick a name for our company. Do you have some good idea?中国董事：Changsheng Automobile Chinese-Foreign joint venture.美国董事：Good !美国律师2：The joint venture agreement contract and articles of association signed by the parties to the venture shall be submitted to the competent authorities of foreign economic relations and trade.中国经理：Don’t worry, our lawyer will accomplish it.旁白：After the negotiation, a letter of intent has been draft .After the negotiation attended by the lawyers from both sides, the two sides reach agreement. A ceremony for signing the contract have been held.——原创Thank you !。