法律英语精读课后答案第一课
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大学英语精读第3册第1课课文及课后答案UNIT 1TEXTA young man finds that strolling along the streets without an obvious purpose can lead to trouble with the law. One misunderstanding leads to another until eventually he must appear in court for trial.A Brush with the LawI have only once been in trouble with the law. The whole process of being arrested and taken to court was a rather unpleasant experience at the time, but it makes a good story now. What makes it rather disturbing was the arbitrary circumstances both of my arrest and my subsequent fate in court.It happened in February about twelve years ago. I had left school a couple of months before that and was not due to go to university until the following October. I was still living at home at the time.Once morning I was in Richmond, a suburb of London near where I lived. I was looking for a temporary job so that I could save up some money to go traveling. As it was a fine day and I was in no hurry, I was taking my time, looking in shop windows, strolling in the park, and sometimes just stopping and looking around me. It must have been this obvious aimlessness that led to my downfall.It was about half past eleven when it happened. I was just walking out of the local library, having unsuccessfully sought employment there, when I saw a man walking across the road with the obvious intention of talking to me. I thought he wasgoing to ask me the time. Instead, he said he was a police officer and he was arresting me. At first I thought it was some kind of joke. But them another policeman appeared, this time in uniform, and I was left in no doubt.'But what for?' I asked.'Wandering with intent to commit an arrestable offence,' he said.'What offence?' I asked.'Theft,' he said.'Theft of what?' I asked.'Milk bottles,' he said, and with a perfectly straight face too!'Oh,' I said.It turned out there had been a lot of petty thefts in the area, particularly that of stealing milk bottles from doorsteps.Then I made my big mistake. At the time I was nineteen, had long untidy hair, and regarded myself as part of the sixties' 'youth counterculture'. As a result, I wanted to appear cool and unconcerned with the incident, so I said, 'How long have you been following me?' in the most casual and conversational tone I could manage. I thus appeared to them to be quite familiar with this sort of situation, and it confirmed them in their belief that I was a thoroughly disreputable character.A few minutes later a police car arrived.'Get in the back,' they said. 'Put your hands on the back of the front seat and don't move them.'They got in on either side of me. It wasn't funny any more.At the police station they questioned me for several hours. I continued to try to look worldly and au fait with the situation. When they asked me what I had been doing, I told them I'd been looking for a job. 'Aha,' I could see them thinking, 'unemployed.'Eventually, I was officially charged and told to report to Richmond Magistrates'Court the following Monday. Then they let me go.I wanted to conduct my own defence in court, but as soon as my father found out what had happened, he hired a very good solicitor. We went along that Monday armed with all kinds of witnesses, including my English teacher from school as a character witness. But he was never called on to give evidence. My 'trial' didn't get that far. The magistrate dismissed the case after fifteen minutes. I was free. The poor police had never stood a chance. The solicitor even succeeded in getting costs awarded against the police.And so I do not have a criminal record. But what was most shocking at the time was the things my release from the charge so clearly depended on. I had the 'right' accent, respectable middle-class parents in court, reliable witnesses, and I could obviously afford a very good solicitor. Given the obscure nature of the charge, I feel sure that it I had come from a different background, and had really been unemployed, there is every chance that I would have been found guilty. While asking for costs to be awarded, my solicitor's case quite obviously revolved around the fact that I had a 'brilliant academic record'.Meanwhile, just outside the courtroom, one of the policemen who had arrested me was gloomily complaining to my mother that another youngster had been turned against the police. 'You could have been a bit more helpful when we arrested you,' he said to me reproachfully.What did he mean? Presumably that I should have looked outraged and said something like, 'Look here, do you know who you're talking to? I am a highly successful student with a brilliantacademic record. How dare you arrest me!' Then they, presumably, would have apologized, perhaps even taken off their caps, and let me on my way.课文翻译一位青年男子发现,漫无目的的逛街也会惹官司。
外教社大学英语精读第三册unit1原文+翻译+课后翻译第一篇:外教社大学英语精读第三册unit1原文+翻译+课后翻译Unit1一、课文A young man finds thatalong the streets without an obvious purpose can lead to trouble with the law.One misunderstanding leads to another until eventually he ends up in...一个青年发现,在大街上毫无明显目的地游逛会招致警方的责罚。
误会一个接一个发生,最终他只得出庭受审……Awith the LawI have only once been in trouble with the law.The whole process of being arrested andwas a rather unpleasant experience at the time, but it makes a good story now.What makes it rather disturbing was theboth of my arrest and myin court.与警察的一场小冲突我平生只有一次跟警方发生纠葛。
被捕和出庭的整个过程在当时是一件非常不愉快的事,但现在倒成了一篇很好的故事。
这次经历令人可恼之处在于围绕着我的被捕以及随后庭上审讯而出现的种种武断专横的情况。
It happened in February about twelve years ago..I was still living at home at the time.事情发生在大约12年前,其时正是2月。
几个月前我中学毕业了,但上大学要等到10月。
当时我还在家中居住。
One morning I was in , a suburb of London near where I lived.I was looking for ajob so that I couldsome money to go travelling.As it was a fine day and I was in no hurry, I was , looking in shop windows, strolling in the park, and sometimes just stopping and looking around me..一天早晨,我来到里士满。
法律英语_教材汉翻英答案(完整版)《法律英语》课后“汉翻英”答案 (完整版)Lesson One1)Common law is the law developed by judges through decisions of courts and similar tribunals.2) Equity is a type of law that developed in parallel with common law since the end of the 14th century, which applies to civil cases and is one of the sources of the common-law system.3) In the U.S., one of the functions of the federal courts is to interpret federal statutes and the constitution.4) The civil-law system mainly prevails in continental Europe as well as other countries and regions heavily influenced by continental European countries.5) Before the Federal Rules of Civil Procedure was promulgated in 1938, the federal courts of the United States procedurally separated law and equity. Lesson Two1) Private law regulates the relationship between individuals whiles public law concerns the relationship between person (including natural persons and artificial persons) and the state.2) Codification is not the essential difference between the civil-law system and the common-law system.3) In many civil-law jurisdictions, precedents are not considered as binding.4) Domestic law is different from international law in that domestic law refers to the laws within a given state which regulates the acts of individuals and other legal entities within its jurisdiction.5) Substantial law refers to laws that define and recognize rights and obligations as well as duties and responsibilities whileprocedural law refers to laws that provides for the mechanism for the realization or performance of rights and duties as well as duties and responsibilities.Lesson Three1) In some countries alcoholic beverages are prohibited from being sold to children.2) Since the 1980s, China has set up and improved the employment service system, which includes employment introduction, employment training, unemployment insurance and employment services.3) Various forms of resistance to desegregation were prevailing in those years.4) It is unjust and unlawful to discriminate against people of other races.5) Just as individuals in a democratic country have equal voting rights regardless of whether they are rich or poor, powerful or weak, all countries in the General Assembly have the same voting rights.Lesson Four1) A crime is an act which may lead to the imposition of punishment.2) Some reports accused BP of criminal negligence in the oil spill in the Gulf of Mexico.3) Modern U.S. criminal law provides that there must be clear definition for all the constituting elements of each and every crime.4) Generally those who provide assistance to people in their criminal act are punishable as accessories or accomplices.5) Failure to act may be punished where the person is undera duty to act. Lesson Five1) Parties to a contract shall fully perform their obligations in accordance with the stipulations of the contract.2) A contract is an agreement between parties which creates, modifies or terminates a civil relationship. A contract established in accordance with law is protected by law.3) A citizen or a legal person shall bear civil liabilities for his failure to fulfill his contractual or other obligations.4) No modification or revocation of a contract may prejudice the parties’claims for damages.5) For a party’s non-performance or his performance unfaithful to the contractual stipulations, the other party to a contract is entitled to demand specific performance or other remedies, and also, compensation for the resulted losses.Lesson Seven1) One who is at fault for infringing upon the civil right or interest of another person shall be subject to the tort liability.2) Where a defective product causes any harm to another person, the manufacturer shall assume the tort liability.3) One who shall assume the tort liability for infringing upon the civil right or interest of another person, whether at fault or not, as provided for by law, shall be subject to the legal provisions in the tort law.4) Where a tort endangers the personal or property safety of another person, the victim of the tort may require the tortfeasor to assume the tort liability such as cessation of infringement, removal of obstruction and elimination ofdanger.5) A network user or network service provider who infringes upon the civil right or interest of another person through network shall assume the tort liability.Lesson Seventeen1) Before the judgment what is to be done is to dispose of the case, while after the judgment is rendered, all that remains to be done is to enforce it.2) If the matter involved in the appeal is of great importance, it ought to be submitted for review.3) There are exemptions from jury service for members of the legal profession, the police force, etc.4) Judges often require that the parties agree upon a schedule of issues so as to accelerate the trial process.5) In the High Court an official shorthand note is, unless the judge otherwise directs, taken of any evidence given orally in Court and of the summing up by the judge. Upon payment of the prescribed fee, a transcript can be made available.Lesson Eighteen1) The arbitration award shall be final and binding on both parties.2) The dispute shall be submitted for arbitration by a mutually nominated arbitrator.3) Where no settlement can be reached, the dispute shall be submitted for arbitration.4) Each party may also directly apply for arbitration to the Personnel Dispute Arbitration Commission.5) Traditionally, our contracts did not contain provisions for arbitration in a third country.。
现代⼤学英语精读1-第九课课后参考答案现代⼤学英语精读1-第九课课后参考答案Preview3.Read the text again for language and complete the following tasks.2 Translate the following expressions into Chinese.1. 臂挽着臂齐步前进2. 并肩作战3. 谈⼼⾥话4. ⼀句⼀句翻译5. ⼀⼨⼀⼨地爬6. ⼀个⽉⼀个⽉地等7. 夜以继⽇地下雪8. ⼿拉⼿⼀起⾛9. ⾯对⾯坐着10. ⼀步⼀步⾛11. ⼀页⼀页读12. ⽇复⼀⽇⾟勤劳动13. 和某⼈意见相同14. 咳嗽了⼀整天Vocabulary1 Become familiar with the rules of word formation.1.Give the corresponding nouns for thefollowing adjectives.1. weakness2. quickness3. strength4. width5. breadth6. heat7. anger8. clarity9. length 10. silence11. freedom 12. sadness 13. moderation 14. happiness2.Point out which of the following adjectives can be used as verbs.Those that can be used as verbs are: slow, clear, narrow, open, quiet, dim, thin, clean, empty, close, dry, wet, cool, near, dirty,short---shorten strong---strengthen dark---darkenhot---heatbright---brighten sad---saddenred---reddenripe---ripenweak---weaken wide---widenthick---thicken quick---quicken cold---cool low---lower angry---angerhard---harden deep---deepenlong---lengthen (long在此作“长的”解,如作动词,意为“盼望”) broad---broadenfat---fattenlight---lighten (light这⾥作“轻的”解,如作动词,意为“点⽕”)soft---softenhigh---heighten3.Fill in the blanks with the correct form ofthe word “impress”.1. impressed2. impression3. impressed4. impressive5. impressionist6. impressionable2 Complete and translate the following expressions./doc/138548081.htmlplete the following verb + nounexpression.1. bag/pocket/gun2. stone/line/glance/doubt/vote3. keep4. make/fix/keep/have/break5. have6.one’s arm/animals/a prisoner/news7. club/arms/legs/stick9. strike10. one’s hand/a rope/meanings/anopportunity11. paper/map/tablecloth/plan5.Translate the following adjective + noun expressions into Chinese.1. 警惕的眼光,尚未点上的雪茄,奇数,对⾯,同声传译,和平共处,和平环境2. 常规做法,正常关系,常⼈,⼀般情况3. ⾚脚,头上不戴帽⼦,⾚⼿空拳,最低限度的必需品4. 直线,直路,直截了当的回答,绷着脸不笑5. 稍有增加,略有不同,轻微的程度,微笑的变化6. 宽阔结实的下颚,宽阔解释的肩膀,⽅形的花园,平⽅⽶7. 锐利的⽬光,强烈的兴趣,精明的头脑,敏锐的感觉8. 精明的头脑,锋利的⼑,利齿,说话尖酸刻薄,急剧增加,针锋相对的回答,急转弯,剧烈的疼痛,尖锐的批评,尖刻的评论,强烈的对⽐,尖锐的⽃争9. 稳定的⼯作,稳定的收⼊,稳定的增长,稳定的关系3 Give corresponding synonyms and antonyms for the following words and expressions 1Synonyms1. only just2. attempt3. stick4.smart/bright/shar p/keen5. throw6.think/suppose/gues s/believe7. good-looking8. catch9. talk10. cold11. move to and fro13. from time to time14. eat15. appear16. sharp17. rational18. shake2Antonyms1. abnormal2. considerable/great3. minority4. brighten5.roughly/approxim ately6. misfortune7.unsteady/shaky8. fill9. inferiority10. quicken11. software (如hardware作硬件解)12. uninteresting/bori ng/dull13. almost14. cheerfully4 Fill in the blanks with the correct form of the expressions listed below. Some expressions may be used more than once.6.under arrest7.get stuck/lose track of8.lose track of9.heard from10.change… into11.in existence 12.know of/doc/138548081.htmlpete with, catch up14.brought up, on earth, for show 15.asking for, torn down5 Fill in the blanks with the correct prepositions or adverbs.16.into, into18.from, up, in, for19.by, off 20.on, over21.out22.out, on23.over24.to, At, up 25.for, on6 Translate the following sentences into English.26.他开始事业很成功,但不久就被成功冲昏了头脑。
大学英语精读第3册第1课课文及课后答案UNIT 11.课文翻译一位青年男子发现,漫无目的的逛街也会惹官司。
误会一场接一场,直到最终他必须出庭受审……法律小纠葛我平时就一次陷入法律困境。
当时被捕并被传上法院的全过程是件相当不愉快的经历,但现在可用此编个好故事。
让人非常烦恼的是我被抓和接着在法庭的命运中那些主观武断的情景。
此事大约发生在十二年前的二月份。
那里我已中学毕业了几个月,并要等到该年十月份才能上大学。
那段时间,我仍住在家中。
一天早晨,我去了里士满,那是离我的地址不远的伦敦郊区。
我正在找一份临时工作以便攒点钱去旅行。
由于天气晴朗,且无急事,我便悠闲自得地看看商店橱窗,逛逛公园,甚至有时只是呆站着到处观望。
很可能是这种明显的无所事事的样子导致了我的不幸。
事情发生的时间是大约十一点半。
我正从地方图书馆走出来,本想在那里找一份工作而一无所获。
此时看到一位男士从街对面走来,显然打算和我讲话。
我猜想他是向我问时间。
然而,他说他是警官并要逮捕我。
起初,我想这是在开玩笑,但接着又来了一位警察,并穿着警服。
我便深信不疑了。
“但为什么呢?”我问。
“到处遛达,有作案嫌疑。
”他说。
“作什么案?”我问。
“偷窃,”他说。
“偷什么?”我问。
“牛奶瓶,”他说,还做出非常严肃的样子!“噢,”我说。
事情的缘由是那一带有许多小窃贼,特别是有从门前台阶上盗奶瓶的小偷。
接着,我犯了一个大错误。
那时我正十九岁,头发长而蓬乱,并把自己当作六十年代“逆文化年轻人”的一员。
因此,我装着一副冷漠的毫不在乎的样子。
所以我说“你们跟踪我多久啦?”说话的腔调尽量装出无所谓有样子,就象随便谈话一样。
于是在他们看来我是十分熟悉此类事情,这使他们更加坚信我彻头彻尾是个名声不好的人。
几分钟后,一辆警车来了。
“坐到后排去,”他们说:“把手放在前排椅背上,不要挪动。
”他俩坐在我的两边。
这倒不是开玩笑的。
在警察局他们审问了我几个小时。
我继续尽力做出深谙世故并对此事习以为常的样子。
大学法律英语教材答案IntroductionThe study of law in an international context requires a strong foundation in legal English. This article aims to provide answers to the exercises and questions found in the university-level legal English textbook. By providing accurate and comprehensive answers, this article serves as a valuable resource for students studying law and legal English.Chapter 1: Fundamentals of Legal English1. Definition and Nature of LawAnswer: Law can be defined as a system of rules and regulations that govern society, established by governmental or institutional bodies. It serves to maintain order, provide justice, and protect individual rights.2. Legal SystemsAnswer: There are various legal systems, including common law, civil law, and religious/religious-based law. Common law systems, such as those in the United Kingdom and United States, rely heavily on precedents and case law. Civil law systems, like those in continental Europe, are based on codified laws. Religious law systems, such as Sharia law, are derived from religious texts.Chapter 2: Legal English Vocabulary1. Legal Terms and DefinitionsAnswer: Legal terms often have specific meanings within the legal context. For example, "tort" refers to a civil wrong that causes harm or injury, while "plaintiff" refers to the party who initiates a lawsuit. Understanding and correctly using legal vocabulary is essential for effective communication in the legal field.Chapter 3: Legal Writing1. Structure and Organization of Legal DocumentsAnswer: Legal documents typically follow a specific structure, including headings, subheadings, and numbered paragraphs. The organization is crucial to ensure clarity and ease of understanding.2. Contract DraftingAnswer: Contract drafting involves the creation of legally binding agreements between parties. It requires precision and attention to detail to ensure that all terms and conditions are clearly stated and mutually understood.Chapter 4: Legal Research and Citation1. Legal ResearchAnswer: Legal research involves finding and analyzing legal sources such as statutes, regulations, and court cases. It is vital to support arguments and make informed decisions in legal practice.2. Citation StylesAnswer: Different citation styles, such as the Bluebook for American legal studies and the OSCOLA style for British legal studies, providestandards for citing legal authorities and sources. Accurate citation is crucial to uphold academic integrity and enable readers to locate the referenced materials.Chapter 5: Legal English in Practice1. Legal CorrespondenceAnswer: Legal correspondence includes letters, emails, and memoranda exchanged between legal professionals. These communications must be clear, concise, and professional, reflecting the specific legal context.2. Negotiation and MediationAnswer: Negotiation and mediation involve resolving disputes outside of court. Effective legal English communication skills are crucial during these processes to achieve mutually beneficial outcomes.ConclusionMastering legal English is essential for students studying law in an international context. By providing accurate answers to exercises and questions in the university-level legal English textbook, this article offers a valuable resource for enhancing legal language skills.。
法律英语教程齐筠课后答案Unit One Legal SystemListeningI. c a d a bII. statutes, constitutions, cite, interpreted, civil, cases, liability, created, modified, repealedText A.Building up your vocabularyI. Match the items in the following two columnsA-civil law b-code c-validity d-jurisdiction e-clusterf-decree g-codification h-statute i-parliament j-legislatureII. Fill in the blanks:1. subdivision2. maxim3. federal4. enforcement5. statutes6. precedent7. Legislation8.Stare decisis9. legal ,legal 10. judicial , judicialClozeDocuments lawsuit trial attorneys advisors,Clients juries alternative practice representationTranslation1. 根据美国宪法,联邦政府分为⾏政、⽴法和司法三⼤部门,每个部门都被认为是独⽴的,并且能够相互制衡。
2. 通常有三类案件可以到达最⾼法院,即:牵涉到诉讼当事⼈分属不同的州的案件,牵涉到解释联邦法案的案件和解释美国宪法的案件。
3. ⼤律师事务所的律师平均收⼊最⾼;他们常常代理那些最有钱且最有社会地位的当事⼈;⽽且同⾼层次的法官和政府官员有着密切的联系。
个⼈执业者和⼩律师事务所的律师收⼊最低,代理那些既没钱⼜没社会地位的当事⼈,⽽且主要同最低级别的法院和⾏政机构打交道。
法律英语精读教程答案第二课1、Since the war their country has taken many important steps to improve its economic situation. [单选题] *A. 制定B. 提出C. 讨论D. 采取(正确答案)2、_____ of the land in this area _____ covered with forest. [单选题] *A. Two-fifth; isB. Two fifth; areC. Two fifths; is(正确答案)D. Two fifths; are3、One thousand dollars a month is not a fortune but at least can help cover my living(). [单选题] *A. billsB. expenses(正确答案)C. pricesD. charges4、—______ do you play basketball?—Twice a week.()[单选题] *A. How often(正确答案)B. How muchC. How manyD. How long5、—Whose book is it? Is it yours?—No, ask John. Maybe it’s ______.()[单选题] *A. hersB. his(正确答案)C. he’sD. her6、—______is my notebook?—Look! It’s in your schoolbag.()[单选题] *A. WhatB. WhichC. Where(正确答案)D. How7、Bill Gates is often thought to be the richest man in the world. _____, his personal life seems not luxury. [单选题] *A. MoreoverB. ThereforeC. However(正确答案)D. Besides8、Both Mary and Linda don't care for fish. [单选题] *A. 喜欢(正确答案)B. 关心C. 照料D. 在乎9、_____ whether robots will one day have vision as good as human vision. [单选题] *A. What is not yet knownB. It is not yet known(正确答案)C. As is not yet knownD. This is not yet known10、69.Online shopping is easy, but ________ in the supermarket usually ________ a lot of time. [单选题] *A.shop; takesB.shopping; takeC.shop; takeD.shopping; takes(正确答案)11、My mother’s birthday is coming. I want to buy a new shirt ______ her.()[单选题] *A. atB. for(正确答案)C. toD. with12、The green shorts are _______ sale for $[单选题] *A. forB. on(正确答案)C. atD. with13、Sitting at the back of the room()a very shy girl with two bright eyes. [单选题] *A. is(正确答案)B. areC. hasD. there was14、This girl is my best friend, Wang Hui. ______ English name is Jane.()[单选题] *A. HeB. HisC. SheD. Her(正确答案)15、I usually read English _______ six o’clock _______ six thirty in the morning. [单选题] *A. from;?atB. from; to(正确答案)C. at; atD. at; to16、_____ yuan a month _____ not enough for a family of three to live on today. [单选题] *A. Five hundred; is(正确答案)B. Five hundreds; areC. Five hundred; areD.Five hundreds; is17、The huntsman caught only a()of the deer before it ran into the woods. [单选题] *A. gazeB. glareC. glimpse(正确答案)D. stare18、38.—Do you have ________else to say for your mistake?—________but sorry. [单选题] *A.anything; SomethingB.something; EverythingC.anything; Nothing(正确答案)D.something; Anything19、—How do you find()birthday party of the Blairs? —I should say it was __________ complete failure.[单选题] *A.a; aB. the ; a(正确答案)C.a; /D.the; /20、Look! There are some boats ______ the river.()[单选题] *A. on(正确答案)B. overC. betweenD. in21、82.—Is there a bookshop near here?—Yes. Walk ________ the road for five minutes and you'll see one near a big tree. [单选题] *A.toB.along(正确答案)C.ofD.about22、No writer will be considered()of the name until he writes a work. [单选题] *A. worthlessB. worthy(正确答案)C. worthwhileD. worth23、63.There will be? ? ? ? ??? water on the road after the heavy rain. [单选题] *A.too much(正确答案)B.much tooC.too manyD.many too24、Helen is new here, so we know _______ about her. [单选题] *A. somethingB. anythingC. everythingD. nothing(正确答案)25、--What are you going to be in the future?--I want to be _______ actor. [单选题] *A. aB. an(正确答案)C. theD. /26、98.There is a post office ______ the fruit shop and the hospital. [单选题] * A.atB.withC.between(正确答案)D.among27、Our campus is _____ big that we need a bike to make it. [单选题] *A. veryB. so(正确答案)C. suchD. much28、The strawberries ______ fresh. Can I taste (品尝) one?()[单选题] *A. watchB. tasteC. soundD. look(正确答案)29、Sometimes Americans are said to be _____. [单选题] *A superficially friendB superficial friendC. superficial friendlyD. superficially friendly(正确答案)30、We had a(an)_____with him about this problem last night. [单选题] *A.explanationB.impressionC.exhibitionD.discussion(正确答案)。
Exercise I
略
Exercise II
1. D
2. A
3. C
4. B
5. D
6. A
7. C
8. B
9. B 10. A
Exercise III
1. exception
2. supersede
3. torts
4. precedent
5. statutory
6. reasoning
7. equity 8. codification 9. opinions 10. pluralistic
Exercise IV
1. The main sources of law in the United Kingdom are common law, statute law, law emanating from the European Union and international law, etc.
2. Common law refers to the legal rules which have evolved
over many centuries from judges’ decisions in court cases.
3. A judgment consists of two parts: the ratio decidendi and obiter dicta. The ratio decidendi means the reason for the decision. This is the principle of law on which the decision is made and can become a binding precedent.
4. The common law includes both civil and criminal law. The former refers to the law of contract and tort. The latter refers to the law of crime。
The common law is so called because it was commonly applied throughout the kingdom of England.
5. Equity also came to differ from common law in substance as well as procedure, as may be seen from one of its most important creations, the trust.
Exercise V
在英国适用的法律,大多是由议会制定的,因为被称为“制定法”。
议会是英国最高的立法机构,可根据自己的意愿制定和废除法律,但不得与欧共体的法律发生冲突。
这就是议会至上主义或主权主义。
议会还可以授权某些机构制定委托立法或二级立法,这些机构可以是政府部门、地方议会或其他法定机构。
这些立法通常需要解决一些技术性的细节,比如,1991《儿童抚养法》关于如何结算儿童抚养费的规定。
法律首先是以议案的形式提交给议会进行辩论。
如果某项议案获得了下议院、上议院和女王的同意,该议案就成为法律。
议案有不同的种类。
有些是公共议案,其目的是修正一般性的法律并且普遍地适用于各个方面。
这种议案通常由政府作为其立法计划的一部分向议会提交。
此外,议会议员也可以提交私人议案。
私人议案的影响比较有限,比如,关于修建一条铁路的议案。
补充读物
参考译文
英国律师界的最大特点,当然在于其有巴律师与沙律师之分。
巴律师出庭于法栏之前,故名。
它们是源于14世纪的4所巴律师公会(林肯公会、内殿公会、中殿公会和格雷公会)之一的成员。
虽然沙律师的全国性组织沙律师公会在1831年才获得皇家特许,但沙律师这一行业的历史可以追溯到16世纪。
任何人不得同时以巴律师和沙律师两种身份开业。
巴律师是在高等法院出庭的律师,他们是某个专业的专家,直白一些,他们是“律师的律师”。
因为通常只有沙律师才能聘请巴律师。
一方面,沙律师可以被当事人直接聘为一般的法律顾问。
虽然个别的沙律师有专业之分,但沙律师事务所的工作则保留一般法律顾问的工作的性质。
另一方面,那些巴律师虽然可以几个人共同合用一间办公室,却不能一起成立合伙组织或设立律师事务所。
巴律师不同于沙律师:他们同当事人之间没有契约关系从而也不能对当事人提起诉讼,请求给付律师费。
在理论上说,巴律师所收取的律师费只是沙律师在道义上负有给付义务(甚至沙律师不向当事人收费时亦负有这一义务)的一种谢仪。
一般说来,沙律师进行与当事人联系的日常工作:向巴律师反映当事人的要求并在诉讼事件中调查证据、与当事人面谈并准备证人(巴律师只能在庭审前与当事人和鉴定人见面)和向巴律师交代案情。
巴律师提供专门的顾问意见或在诉讼事项中拟定各种诉状,计划诉讼策略并出庭辩护。
这种分工负责制保证巴律师能抽出时间,获得特定法律领域中的专门知识并集中精力完成辩护律师的各项任务。
巴律师与沙律师所受训练虽然不相同,但他们在取得律师资格之前都必须先当见习生。
沙律师通常必须拥有大学学位,通过取得资格的考试并替开业的沙律师当两年见习生。
作为常规,巴律师必须具有大学学位;如果所拥有不是法学学位,他必须取得学习法律一年的证书。
此外,除通过巴律师考试外,这位未来的巴律师还必须参加一所巴律师学院,按规定次数在该院用餐并参与其他传统的活动。
他们在完成各项考试之后,还必须投在一名开业的巴律师门下当“门生”一年。
评价英国的律师的教学计划,必须考虑其侧重实际训练的优缺点。
比如说其中一个问题就是:想当巴律师的人在接受实际训练期间难以维持自己的生活。
4所巴律师学院设有名额
不多的奖学金,学员们在训练期间最后6个月中可以挣一些钱,但巴律师并不支付薪金给他们的门生……而这些门生毕竟是已经完成了他们所必修学业的。
这一情况使巴律师蒙受了种种指责……说他们偏爱那些有社会地位和独立生活来源的申请报名的门生。
比较之下,沙律师一般的确支付给沙律师实习生维持生活的薪金,而沙律师公会也鼓励会员向沙律师实习生给付“适当的工资”,以免“有人碍于取得资格所需的费用,而被摒弃在沙律师的门外”。
英国律师界的巴律师与沙律师之分,引起了某些紧张,这是可以理解的。
虽然巴律师公会和沙律师公会在1975年11月作出声明:这两类律师是平等的,彼此应该在这一基础上行事。
但是某些沙律师仍然有看法,说某些巴律师表现得好像在律师界他们是“高人一等”似的。
此外,沙律师提出了请求,要在刑事法庭享有更大的出庭权(目前,他们只有在很少的场合才能出庭)和在高等法院享有更大的出庭权(如就无异议的申请出庭、向法庭介绍当事人双方已经取得协议的和解条款等)。
巴律师则反对这一请求。
沙律师还认为截然划分取得两种律师资格的培养计划不能令人满意,实属过分死板。
因为这样做就是迫使未来的英国律师在接受律师训练之前就要在两者之间做出抉择。
更有甚者,沙律师还对大多数法官都是在巴律师中选拔这一事实提出了批评意见。
尽管如此,大多数巴律师和沙律师还是不希望把两类律师合二为一。
因为他们认为,律师职业的二元化,其优点大于缺点。
大多数英国律师认为,律师职业的二元化势必导致有效的分工并能更好地发挥巴律师的辩护特长。
所以不把巴律师同沙律师合并的另一个理由,就是合二为一也许会使第一流的巴律师加入较大的沙律师事务所,从而使较小的沙律师事务所或独立开业的沙律师无法去请教最好的辩护律师。