下载文档原格式
法律英语教程课后练习题含答案本文是法律英语教程课后练习题的答案文档，共计包含6道练习题，每个练习题都要求以英语书写，旨在提高法律英语的水平。
练习题1What is the difference between litigation and arbitration?答案Litigation involves a lawsuit in a court of law, where a judge or a jury decides the outcome of the dispute. Arbitration, on the other hand, is a process in which two parties agree to have a neutral third party hear their dispute and render a decision. The decision is binding and may not be appealed.练习题2What is a contract?答案A contract is a legally binding agreement between two or moreparties that creates obligations that are enforceable by law. Each party in a contract agrees to perform certn obligations in exchange for some form of consideration.练习题3What is a tort?A tort is a civil wrong that causes harm or injury to another person or property. Examples of torts include negligence, defamation, invasion of privacy, and intentional infliction of emotional distress.练习题4What is intellectual property?答案Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. The law protects intellectual property through patents, trademarks, and copyrights.练习题5What is a trademark?答案A trademark is a symbol, word, phrase, or design that identifies and distinguishes the goods or services of one party from those of another. Trademarks are protected by law and can be registered with the government.练习题6What is the difference between a felony and a misdemeanor?A felony is a serious crime that is punishable by imprisonment in a state or federal prison for more than a year. Examples of felonies include murder, robbery, and drug trafficking. A misdemeanor, on the other hand, is a less serious crime that is punishable by a fine or imprisonment in a local jl for up to a year. Examples of misdemeanors include traffic violations, disorderly conduct, and petty theft.以上是本文的6道法律英语练习题及答案，希望对您的法律英语学习有所帮助。
法律英语教程——宋雷著唐碧清译Lesson 1 法律体系的基础A.主要分类法律是一国公民借以规范（regulate）他们与其他公民以及与国家发生关系的行为的规则总称（the set of rules）。
英国没有成文的规则总称，一项行为是否被认为与法律相符（in conformity with）由有关法律依据（authority）加以权衡。
也许是制定法（statutes）（比如说王室公告或者议会法令），法学家的论述（像英格兰的布莱克斯通或者苏格兰的stair），或者既决判例的汇编（reports of decided cases）。
如果这些都不符合情况，法官会通过分析以往在相似情形下作出的判决来做出他自己的判决。
法律的基础，按照历史的顺序是：（a）普通法（common law）（b）判例法（case law）（c）制定法普通法：当英国的法律体系开始成形时，法官被委派执行（administer）“法律和王国的习惯”。
他们在普遍习惯的基础上制定他们自己的规则和原则；这类法律被称为“普通法”，与特别法或者特殊法形成对照，比如说教会法或者地方习惯。
苏格兰的普通法与英格兰以及威尔士的普通法非常不一样，因为古老的差别被1707年的联合法保存着，在这种情况下保留了它自己的法律体系。
普通法的特征是它成长于法律人所记载的司法判决，而不是基于确定的制定法（enactment）。
它通过审查过去在相同情形下作出的判决，通常被称为“判例”（precedent），从而得到执行，并且在此基础上得到普遍适用的判决。
判例法：判例法是普通法随着时间的发展而引起的（bring about）。
汇编存在于首创的案例中有记录的对律师有意义的关键点（reports exist of leading cases raising points of interest to lawyers）。
这些汇编记载了法院发现的事实，提出的争论以及法官作出判决的法律依据。
法律英语教程——宋雷著唐碧清译Lesson 1 法律体系的基础A.主要分类法律是一国公民借以规范（regulate）他们与其他公民以及与国家发生关系的行为的规则总称（the set of rules）。
英国没有成文的规则总称，一项行为是否被认为与法律相符（in conformity with）由有关法律依据（authority）加以权衡。
也许是制定法（statutes）（比如说王室公告或者议会法令），法学家的论述（像英格兰的布莱克斯通或者苏格兰的stair），或者既决判例的汇编（reports of decided cases）。
如果这些都不符合情况，法官会通过分析以往在相似情形下作出的判决来做出他自己的判决。
法律的基础，按照历史的顺序是：（a）普通法（common law）（b）判例法（case law）（c）制定法普通法：当英国的法律体系开始成形时，法官被委派执行（administer）“法律和王国的习惯”。
他们在普遍习惯的基础上制定他们自己的规则和原则；这类法律被称为“普通法”，与特别法或者特殊法形成对照，比如说教会法或者地方习惯。
苏格兰的普通法与英格兰以及威尔士的普通法非常不一样，因为古老的差别被1707年的联合法保存着，在这种情况下保留了它自己的法律体系。
普通法的特征是它成长于法律人所记载的司法判决，而不是基于确定的制定法（enactment）。
它通过审查过去在相同情形下作出的判决，通常被称为“判例”（precedent），从而得到执行，并且在此基础上得到普遍适用的判决。
判例法：判例法是普通法随着时间的发展而引起的（bring about）。
汇编存在于首创的案例中有记录的对律师有意义的关键点（reports exist of leading cases raising points of interest to lawyers）。
这些汇编记载了法院发现的事实，提出的争论以及法官作出判决的法律依据。
法律英语教程答案法律英语教程答案【篇一：法律英语课后习题大全】how was common law established?answer: the common law tradition originated in england. a new legal order was established as early as 1066 by the norman conquest, but the common law did not exist in1066.william the conqueror did not abolish the local customs and the local courts. local courts continued to apply local customs. there was no law common to the whole kingdom. the king did however establish some royal courts at westminster. their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell into disuse. the decisions of the royal courts became the law common to the whole kingdom, the common law.1.what does the common law tradition include according to the text? answer: according to the text, the common law tradition includes law and equity.2.how different is the legal system of louisiana from the rest of the united states?answer: the common law was received in many countries such as united states, but the louisiana excepted, because where the civil law was in place before the united states gained jurisdiction.4．what does “civil law ”mean?answer: the expression “civil law ”,in latin jus civilis, literally meansthe law of the citizens of rome. it is the law of the city of rome, the law applied to a citizen (in latin, civis) of rome as opposed tothe law applied to a non-citizen.5.what is the main difference between the civil law system and common law system?answer: first and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory. civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictions legislation tends to be considered as an exception to the case law.6.what different attitudes do the civil law system and the common law system hold towards case law?answer: cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly.7.what is significant about the american legal education? how is law school teaching different from ours?answer: american legal education is very original and in many respects unique. legal education tends to be longer than other common lawcountries; law is a postgraduate degree in the u.s.the teaching style is magisterial----the professor exposes the law to his or her students, who take notes and do not intervene in class.8. is law degree an undergraduate degree in the u.s.? how do people get a law degree in the u.s.?answer: no, the law degree is a master degree in the u.s., thestudents must have at least a bachelors degree in some area of study, and then to study the law and get the law degree.9. can you compare the legal method employed in the american legal education and the legal method used in other countries?answer: american legal education is a very original and in many respects unique. the case method or socratic method is peculiar to this country .it must be clear to you by now that the case method could not have been thought of in a civil law country. in those countries (as in the case in england) law is an undergraduate degree. legal education tends to be longer than in the united states. the teaching style is magisterial-the professor exposes the law to his or her students, who take notes and do not intervene in class.10. who play an important role in defining the law in civil law system, law professors or judges? what about the common law system?answer: law professors, because civil law students will read law doctrine more than cases. the doctrine is the cumulated writings oflaw professors on what the law is or should be. in civil law the doctrine is considered to be a source of law and a highly respected one. you have to remember that the university, not the courts, reintroduced the civil law in continental europe. it is therefore not surprising that law professors still have an import role in defining the law. common law professors generally do not enjoy a similar prestige within their own jurisdiction. here the judges get most of the prestige. 1. how is case law created?the decisions of judges, or of other officials empowered by the constitution or laws of a political entity to hear and decidecontroversies, create case law.2. what dose a particular decision mean to the parties to a lawsuit?to the lawyers, judges, and law students?1) from the point of view of parties to a lawsuit or other contestedcontroversy, what matters is the immediate outcome, the result the tribunal reaches in their case. it means wether the aggrieved party or damaged party will obtain a remedy.2) in the view of judges, lawyers and law students, however, the decisiontakes on broader perspective. the decision becomes a possible source of general applicable case law.3. according to professor llwellyn, what creates a legal system ofprecedent? why and when?1) those generalizations contained in, or built upon, past decisionscreate a legal system of precedent.2) because as rules of action arise out of the solution of particularproblems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized.3) when those generalizations are taken as normative for future dispute,a legal system of precedent created.4. what might happen if a court follows the precedentsmechanically?a court that follows precedent mechanically or too strictlywill at times perpetuate legal rules and concepts5. what is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?the continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases 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.6. explain these two latin terms: “stare decisis” and “res judicata”?【篇二：法律英语教程第2单元text a翻译】高法院以“一种强烈地分裂的争议”的方式谈及了堕胎案，这种争议“有寻常案件的判决所不具有的维度”。
法律英语教程答案【篇一：法律英语课后习题大全】how was common law established?answer: the common law tradition originated in england. a new legal order was established as early as 1066 by the norman conquest, but the common law did not exist in1066.william the conqueror did not abolish the local customs and the local courts. local courts continued to apply local customs. there was no law common to the whole kingdom. the king did however establish some royal courts at westminster. their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell into disuse. the decisions of the royal courts became the law common to the whole kingdom, the common law.1.what does the common law tradition include according to the text? answer: according to the text, the common law tradition includes law and equity.2.how different is the legal system of louisiana from the rest of the united states?answer: the common law was received in many countries such as united states, but the louisiana excepted, because where the civil law was in place before the united states gained jurisdiction.4．what does “civil law ”mean?answer: the expression “civil law ”,in latin jus civilis, literally meansthe law of the citizens of rome. it is the law of the city of rome, the law applied to a citizen (in latin, civis) of rome as opposed to the law applied to a non-citizen.5.what is the main difference between the civil law system and common law system?answer: first and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory. civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictionslegislation tends to be considered as an exception to the case law.6.what different attitudes do the civil law system and the common law system hold towards case law?answer: cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly.7.what is significant about the american legal education? how is law school teaching different from ours?answer: american legal education is very original and in many respects unique. legal education tends to be longer than other common lawcountries; law is a postgraduate degree in the u.s.the teaching style is magisterial----the professor exposes the law to his or her students, who take notes and do not intervene in class.8. is law degree an undergraduate degree in the u.s.? how do people get a law degree in the u.s.?answer: no, the law degree is a master degree in the u.s., the students must have at least a bachelors degree in some areaof study, and then to study the law and get the law degree.9. can you compare the legal method employed in the american legal education and the legal method used in other countries?answer: american legal education is a very original and in many respects unique. the case method or socratic method is peculiar to this country .it must be clear to you by now that the case method could not have been thought of in a civil law country. in those countries (as in the case in england) law is an undergraduate degree. legal education tends to be longer than in the united states. the teaching style is magisterial-the professor exposes the law to his or her students, who take notes and do not intervene in class.10. who play an important role in defining the law in civil law system, law professors or judges? what about the common law system?answer: law professors, because civil law students will read law doctrine more than cases. the doctrine is the cumulated writings oflaw professors on what the law is or should be. in civil law the doctrine is considered to be a source of law and a highly respected one. you have to remember that the university, not the courts, reintroduced the civil law in continental europe. it is therefore not surprising that law professors still have an import role in defining the law. common law professors generally do not enjoy a similar prestige within their own jurisdiction. here the judges get most of the prestige. 1. how is case law created?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.2. what dose a particular decision mean to the parties to a lawsuit?to the lawyers, judges, and law students?1) from the point of view of parties to a lawsuit or other contestedcontroversy, what matters is the immediate outcome, the result the tribunal reaches in their case. it means wether the aggrieved party or damaged party will obtain a remedy.2) in the view of judges, lawyers and law students, however, the decisiontakes on broader perspective. the decision becomes a possible source of general applicable case law.3. according to professor llwellyn, what creates a legal system ofprecedent? why and when?1) those generalizations contained in, or built upon, past decisionscreate a legal system of precedent.2) because as rules of action arise out of the solution of particularproblems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized.3) when those generalizations are taken as normative for future dispute,a legal system of precedent created.4. what might happen if a court follows the precedentsmechanically?a court that follows precedent mechanically or too strictly will at times perpetuate legal rules and concepts5. what is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?the continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases 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.6. explain these two latin terms: “stare decisis” and “res judicata”?【篇二：法律英语教程第2单元text a翻译】高法院以“一种强烈地分裂的争议”的方式谈及了堕胎案，这种争议“有寻常案件的判决所不具有的维度”。
法律英语教程教案外语系Unit One Introduction to American LawLesson One Law under American FederalismI. Teaching Aims:Let the Students have a preliminary knowledge of American law system.II.Key and Difficult Points:i.the enumerated power & reserved powerii.the resolution of law conflictsIII.Teaching Methods:1. lecture2. discussionIV.Teaching Procedure:i.Give the students a brief introduction of law, including the definition and function, as well asthe classification of law.ii.Ask the students the following questions:(i)Does the United States have a uniform legal system?(ii)How are the law-making powers divided between the federal and state legislature?(iii)Explain how choice of forum may affect the out come of a lawsuit.iii.Give the students 8 minutes to read the text and try to discuss the answers together.iv.Pay attention to some words and phrases.V.Homework:Let the students do some exercises and review the text.VI. Reference:《英汉法律用语大辞典》，宋雷/主编，法律出版社。
●法律的分类：A.Public law and private lawPublic law: constitutional law, criminal law and administrative law (行政法)Private law: contract law commercial law tort law property law…B.Criminal law and Civil lawC.Civil law (大陆法) and Common Law（普通法）大陆法的重要特点是强调成文法的作用。
成文法（written law）又称为制定法（statute）Common law（case law）：following the principle of stare decisis 遵循先例●Goddess of law:希腊：TemisRoman：Justitia词汇：administrative agency 行政机关prosecutor 检察官Damages：损害赔偿金punitive/exemplary damages 惩戒性损害赔偿金Lawsuit 诉讼（尤指非刑事案件）institue a lawsuit 提起法律诉讼Miranda waningsStatue of limitations诉讼时效是指民事权利受到侵害的权利人在法定的时效期间内不行使权利，当时效期间届满时，人民法院对权利人的权利不再进行保护的制度。
●Source of law:Constitutions and common law (common law) and statutory law and administrative law statutory law (legislation): 制定法（立法）制定法是由国家享有立法权的机关依照法定程序制定和公布的法律。
●Chinese Court system：中国的人民法院的组织体系分为四级，即设基层、中级、高级和最高人民法院，并设军事、铁路、水运等专门人民法院。
