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法律英语练习题答案法律英语练习题答案在学习法律英语的过程中，练习题是不可或缺的一部分。
通过解答练习题，我们可以巩固对法律英语的理解，提高自己的语言能力和专业知识。
下面是一些常见的法律英语练习题及其详细答案，希望对大家的学习有所帮助。
练习题一：请解释以下法律术语的含义：1. Tort2. Plaintiff3. Defendant4. Liability5. Jurisdiction答案一：1. Tort：指的是民事侵权行为，即一方在未经对方同意的情况下，通过自己的行为或不作为，侵犯了对方的合法权益，给对方造成了损害。
常见的侵权行为包括人身伤害、财产损失等。
2. Plaintiff：原告，指的是在民事诉讼中提起诉讼的一方，即受到侵权行为损害的一方。
3. Defendant：被告，指的是在民事诉讼中被控告的一方，即被指控犯有侵权行为的一方。
4. Liability：责任，指的是法律上的义务或责任。
在民事诉讼中，责任通常指的是被告对原告所造成的损害承担赔偿责任。
5. Jurisdiction：管辖权，指的是法院对案件的审理权限。
不同的法院有不同的管辖权，根据案件的性质、金额等因素来决定哪个法院有权审理该案件。
练习题二：请将以下英文法律名词翻译成中文：1. Contract2. Arbitration3. Injunction4. Intellectual property5. Negligence答案二：1. 合同2. 仲裁3. 禁令4. 知识产权5. 过失练习题三：请解释以下法律原则的含义：1. Presumption of innocence2. Due process3. Burden of proof4. Reasonable doubt5. Double jeopardy答案三：1. Presumption of innocence：无罪推定，指的是在刑事诉讼中，被告在未被证明有罪之前，应被认定为无罪。
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”。
法律英语阅读完整版Unit 1 Legal StudiesNotes1. Law is regarded as a set of fixed principles…ignorance of which excuses no one, not even the less knowledgeable or less affluent members of society.法律被认为是一整套固有的规则…不了解这套规则的人并不能因此而免除责任，即使他是这个社会中对此知之甚少，或并不那么富足的成员。
2. Law begins only when a coercive apparatus comes into existence to maintain control through enforcement of social norms.只有在一种强制性的机构通过实施社会规范来维持控制时，法律才开始形成。
3. The control group need not be agents of a political entity.控制集团不一定要是政治实体的代表。
4. Law as social engineering. Under this concept law is regarded as a means of social control which seeks to balance various competing conflicting interests and values within a society.法律是社会的调节器。
根据这个概念，法律作为社会控制的一种手段，力图将一个社会中各种纷争不同的权益和价值加以平衡。
5. to maintain the status quo in certain aspects of society.维持社会某些方面的现状6. to facilitate orderly change有利于进行有序的变革7. to facilitate planning and the realization of reasonable expectations有利于计划和实现合理的预期目标8. Courts will not turn to case decision for law if a statute is directly in point..如果某一成文法条直接适用，法院不会到判例中去寻找法律依据。
2020司法考试刑法：原题与解答英文版2020 Criminal Law Exam: Original Questions and Answers1. What is the difference between murder and manslaughter?- Murder involves intent to kill or cause grievous harm, while manslaughter is the unlawful killing of a person without intent.2. Define the principle of double jeopardy.- Double jeopardy prohibits a person from being prosecuted twice for the same offense.3. What is the legal age of criminal responsibility in your jurisdiction?- The legal age of criminal responsibility in most jurisdictions is typically around 18 years old.4. Explain the concept of self-defense in criminal law.- Self-defense allows a person to use reasonable force to protect themselves or others from imminent harm.5. Can a person be held criminally responsible if they were under the influence of drugs or alcohol at the time of the crime?- Yes, a person can still be held criminally responsible if they voluntarily consumed drugs or alcohol and committed a crime.6. What is the difference between burglary and robbery?- Burglary involves entering a building with the intent to commit a crime, while robbery involves taking someone's property through force or threat.7. Discuss the elements of the crime of assault.- Assault involves intentionally causing fear of physical harm or actual physical harm to another person.8. Can a person be charged with a crime if they were acting under duress?- In some cases, a person may have a defense if they were forced to commit a crime under threat of harm to themselves or others.9. Define the concept of criminal negligence.- Criminal negligence involves a reckless disregard for the safety of others, resulting in harm or death.10. What is the punishment for a first-time offender convicted of a white-collar crime?- The punishment for a first-time offender convicted of a white-collar crime may vary but could include fines, probation, or imprisonment.。
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”。
沙丽金法律英语第三版期末试题I.单项选择(共15分，每小题1分)( ) 1. 一一一How do you study for a test?一一一________.A. For listening to tapesB. At schoolC. By reading the textD. To make flashcards( ) 2. Did you find _______ very interesting to play Yo一Yo?A. thisB. themC. thatD. it( ) 3. The box is _________ heavy for me ________.A. too, to carryB. so, to carryC. too, to carry itD. so, that carry it( ) 4. We think _______ more vegetables _______ good for our health.A. eating, areB. eating, isC. to eat, areD. eaten, is( ) 5. 一We will build a subway in our city before 2014.一Wow, _______! Will it pass our place?A. how exciting the news isB. what an excited newsC. what excited newsD. how exciting news6.( )We can’t do well in examination ________ we study hard in school time.A. unlessB. ifC. whenD. because( ) 7. 一Dad, do you know ______ now?一In Fort Middle School.A. where is Betty studyingB. where Betty is studyingC. where did Betty studyD. where Betty studied( ) 8. The old man lives _______, but he never feels _______.A. alone, lonelyB. lonely, aloneC. alone, aloneD. lonely, lonely( ) 9. 一Can you solve the problem?一Sorry, I can’t. Why ask the teacher help?A．don’t, for B．not, about C．don’t, about D．not, for( ) 10. When I was a child, I used to _____ chocolate.A. likingB. likeC. likedD. likes( ) 11. The teacher said that the earth_____ around the sun.A. goB. goesC. wentD. will go( ) 12. Tina is so shy that she is afraid of in front of a group.A. speakB. speaksC. spokeD. speaking( ) 13. 一一What are the chopsticks made ______?一一Wood.A. ofB. fromC. withD. by( ) 14. All his homework _____ at nine last night.A. finishedB. Is finishedC. finishesD. was finished( ) 15. After he got home, he had a good rest his homework.A. instead doB. instead to doC. instead of doD. instead of doingII.补全对话(共5分，每空1分)A：Hi，Ann! You look tired today．B：Oh，I'm studying for the end一of一year exams these days．This term will be over soon．A：__16__What are you going to do during the holiday?B：__17__A：That sounds exciting．How long are you staying there?B：__18__Maybe one or two weeks．What about you?A：I prefer to stay at home and read some books．B：Only read books at home? __19__A：No，I'm going to play computer games and do sports at times．B：Well．I hope you will have a good holiday!A：Thank you．__20__A．I'm going to the countryside to enjoy the quiet life and fresh air．B．It's kind of boring，I think．C．Nothing much! D．I'm not sure．E．Yes，the summer holiday is coming．F．It's very interesting，I think．G．The same to you!16_______17_______18__________19_________20_________III.完形填空(共10分，每空1分)根据短文内容，从A、B、C、D四个选项中选出一个最佳答案。
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.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 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.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 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 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 orinvestors 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。
《法律英语》（沙丽金版）2011年第二版课文参考译文翻译整理人：新浪微博@我是空白白《法律英语》（沙丽金版）2011年第二版参考译文目录前言（必看） (2)Lesson 1 law（法律） (3)Lesson 2 Legal System（法律体系） (4)Lesson 3 Legal Education（法律教育） (6)Lesson 4 Court System（法院体系） (7)Lesson 5 Construction（宪法） (9)Lesson 6 Administrative Law（行政法） (10)Lesson 7 Criminal Law（刑法） (12)Lesson 8 Criminal Procedure（刑事诉讼程序） (13)Lesson 9 Civil Procedure（民事诉讼程序） (15)Lesson 10 Torts（侵权行为） (16)Lesson 11 Contract（合同） (18)Lesson 12 Property Law（物权法） (19)Lesson 13 Law of Corporation（公司法） (20)Lesson 14 Intellectual Property（知识产权） (22)Lesson 15 International Law（国际法） (23)Lesson 16 Evidence（证据） (24)后记 (26)前言（必看）1、此翻译并非权威翻译，而是技术含量不高的译文。
其中肯定有很多不恰当甚至错误的地方，所以仅供参考，欢迎各位同学指正。
（新浪微博@我是空白白）2、制作本译文动力源于兴趣，目的在于互相交流学习。
3、如果你只是想以此译文来应付老师上课的抽问，那么你大可不必下载或复制此文档，因为这样你对不起你自己。
4、本译文=老师的长难句注解（即划线部分。
我无意间在网上找到了部分老师传到网上的注解文档。
O(∩_∩)O ）+1位往届同学的翻译+1位同届同学的翻译+课堂笔记+本人拙译（虽然本人英语不怎么好，但我会尽最大努力与大家分享所学到的知识）。
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.。
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the l egal system justly administers the laws is a measure of the enlightenment, humanity, and d egree of civilization of its peopl e.2.What’s law?Law consists of the whol e body of rul es applied and enforced und er the authority of established government in d etermining what conduct is proper and shoul d be permitted and that which should be d enied or penalized.3.Can you list the rol es of law in society?Without law, there woul d be anarchy. Law is the means through which society is abl e to exist by providing protection for the individual; by establishing and maintaining ord er, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and fl exibility in economic relations between peopl e; and by prohibiting conduct d estructive to society.4. How can law be best und erstood?Law is best und erstood by viewing the l egal system as a process——a means of pulling together society’s needs and goals and translating them into guid es for fairness and reasonabl eness in conduct.5. What are the events that promote the d evelopment of the English l egal system? Norman Conquest. William replaced the l ocal and highly varied systems of law with a common system of law.6. Why did the peopl e in England petition to the King and what woul d be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, peopl e were sometimes unabl e to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inad equate petitioned to the King directly.This practice gave rise to a second court system, call ed 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 d eveloped fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rul es?10. Who has the power to make the ordinances?The l egislative 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 cod es after the enthronement3.Which is the primary source of law in Europe, Roman Law or l ocal laws?Local customs4.Why was the concept of codification d evel oped in the 17th and 18th centuries?As an expression of both Natural Law and the id eas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification woul d result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting preced ent d erived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a l egislature, whil e regulations are promulgated by executive branch agencies pursuant to a d elegation of rul e-making authority from a legislature.8.Where shoul d peopl e go if they wanted to apply for injunctions before the 20thcentury? Why?Courts of equity. Only courts of equity have the authority to d o 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 sel ected from accomplished and reputabl e advocates.10.What are the differences in the criminal procedures of the two major l egalsystems?In general, the judge in a civil law system plays a more active rol e ind etermining the facts of the case. Most civil law countries investigate majorcrimes using a so-call ed 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 fed eral governments.2.Are there any uniform rul es 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 terminol ogy for courts and judges? Please giveexampl es.No. For exampl es, a man who sits on the highest court of New Jersey is call ed a justice of the supreme court of that state, whil e a man who holds an equivalent position in New York is call ed a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They d o 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, call ed 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 l evels of courts: trial, intermediate appellate and top appellate.7.Does each state have a fed eral trial court? What d ecid es the number of thefed eral 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 fed eral courts?Prosecutions for fed eral crimes civil claims based upon fed eral 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? Dose theSupreme Court of the U.S. have the power to review all the d ecisions mad e by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rul es and principles by which an organization, orpolitical entity, is governed. In the case of countries, this term refers specifically to a national constitution, which d efines the fundamental political principles and establishes the power and duties of each government.2.What are the exampl es that show the limitation imposed by the constitution tothe organizations in the United States?An exampl e from the constitutional law of nation-states woul d be a provincial government in a fed eral state trying to l egislate in an area exclusively enumerated to the fed eral 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, l egislative and the judiciary, but also the relationship of institutions within those branches.4.How d o you d escribe an uncodified constitution?An uncodified constitution is one that is not contained in a singl e 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 mod ern d emocratic constitutions consist of some written sources, 6.What d o 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 simpl e law.8.What happens if there are conflicts between the constitution and a statute in acountry using codified constitution?All or part of the statue can be d eclared ultra vires by a court and struck d own 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 preced ents, 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 repeal ed by a simple majority in Parliament.Criminal Law1.Who d o ordinary peopl e think of crimes?Peopl e think of crimes as acts that threaten public safety, security or morality.Crime can be d efined 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 person isguilty?Beyond a reasonabl e d oubt that the d efendant committed the actus reus of the crime, while at the same time having the required mens rea5.What d oes the actus reus includ e?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 d efendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no l onger pure.9.In what kind of cases is causation required?The d efendant’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) fed eral statutes (3) the Fed eral Rul es of Criminal Procedure (d) l ocal district court rul es (e) rulings of fed eral courts based on their common law d ecisional authority or their supervisory authority over the administration of criminal justice in the fed eral courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the fed eral process.3.What is a known offence?Where the police conclud e that a crime may well have been committed, it will be record ed as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually d one 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 “l og”, 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 d one 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 conclud e that the prosecution’s evid ence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of d efendant’s innocence (b) the requirement of proof beyond a reasonabl e d oubt (c) the right of the d efendant not to take the stand(d) the exclusion of evidence obtained by the state in an ill egal 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 d o 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 d emand some compensation or other remedies.2.Which way of settling disputes is acceptabl e in the society?Litigation3.Why is litigation a publicly fund ed dispute resolution?The taxpayers provid e the courtroom, the judge, and the instrumentalities bywhich 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 sel ection important?The d ecision implicates a variety of important d octrines. And there are questions of tactics and id eal for the d efendant.7.What should be d ecid ed 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 provid es the mechanism—the process—by which disputes over such substantive claims are resolved. It provid es a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone woul d vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pl eadings, motions, discovery, possibl e 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 whol e.3.How d o you prove the intent of a d efendant?Intent is most often proved through circumstantial evid ence: the d efendant’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 possibl e by plaintiff 5.What needs to be proved in case of trespass?An act, coupl ed with the intent to cause entry by the d efendant, and an invasion of the plaintiff’s land6.What d oes standard of care mean?As a general rul e, all persons are und er a duty to conduct themselves in such a manner as not to create unreasonabl e risks of physical harm to others.7.How d o you make d efense 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 rul e, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the d efense of assumption of risk applied?The plaintiff’s own actions trigger this d efense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the d efendant has no fault und er strict liabilityd octrine? Why?Yes. Legal fault stems from a d eviation from a standard of conduct need ed 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 d o somefuture act. A unilateral contract is one in which one party acts immediately inresponse 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 voidabl e contract?A void contract is a nullity from its beginning, and damages d o not result. Avoidabl e contract is one that is binding until it is disaffirmed or canceled by the party with the authority to d o so.4.What are the key el ements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consid eration5.How d oes a corporation enter into a contract?The law creates a l egal fiction that corporations are persons.6.Are the sharehol d ers of a corporation involved in the contract conclud ed bythe corporation?No. This d evice allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may d ecid e the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapabl e of und erstanding the ramifications 后果of the contract8.Are there any special provisions about minors’making contract? What arethey?Minors are und er an obligation to return any consid eration received und er the contract9.How can misund erstandings about terms in compl ex contracts be avoid ed?Compl ex contracts often contain sections that cl early d efine certain terms. 10.How d o you d ecid e 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 id eal instrument for the industriald evel opment?It coul d raise large amounts of capital from numerous investors and yetprovid e 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 d ocument with a state official, and paying the appropriate fee5.What can corporations d o 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 coul d.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liabl e for the d ebts and obligations of the business but the sharehol d ers are not, since in theory all d ebts are the artificial entity’s obligations, not the sharehol d ers.7.Why d oes a corporation have continuity of life?The existence of the corporation is not d epend ent on who the owners or investors are at any time. If sharehol d ers die, or d ecid e to sell out, the corporation continues to exist as a separate entity.8.How d o you und erstand the sentence “the corporation d oes not have a limitedlife span”?It d oes not really mean that all corporations will continue until the end of time but rather that a corporation will continue ind efinitely until the owners d ecid e to dissolve it or merge it into another business.9.What rights d o sharehold ers have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to d ecid e the transfer of sharehol d ers’ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights d efined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and d esigns used in commerce.Rights given to people over the creation of their minds2.Are “id eas”the product of the mind? And are the “id eas”protected byintellectual property law?Yes, no3.What d o the various kinds of intellectual property have in common?Patents, copyrights, industrial d esigns, trad emarks and confid ential information4.Why d o 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 intangibl e, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intell ectual 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 attitud es 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 settl ed?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。
《法律英语文本教程》答案《法律英语文本教程》答案Unit OnePart I Reading and UnderstandingExercises I1.C2.D3.B4.C5. B6.B7.A8.CExercises II1.I2.E3.B4.F5.J6.A7.C8.G9.D 10.HExercises III1.索赔法院courts of appeals 海关法院tax courts 军事上诉法院2. 刑事法院circuit courts civil courts 未成年人法院遗嘱检验法庭3.联邦贸易委员会证券交易委员会核管制委员会Interstate CommerceCommission 联邦电讯委员会Exercises IV1.D2.J3.A4. E5.H6.F7.B8.G9.I 10.CExercises V1. gave top priority to2. take an appeal to a higher court3. vests the president with the power to declare war4. no jurisdiction over5. In compliance with6. 我相信证人的证词。
7. 请将你的合同文本作相应的修正。
8. 几乎所有的成员都同意这项提议。
9. 成文法阻止高等法院复查这样一个裁决。
10. 对别国事物的这种干涉开了一个先例，我们希望其他国家不要模仿。
Part II Practice of Legal Terms1. 单位犯罪的，对单位判处罚金，并对其直接负责的主管人员和其他直接责任人员判处刑罚。
本法分则和其它法律有规定的，依照规定。
2. 人民法院审判案件，除本法另有规定的以外，一律公开进行。
被告人有权获得辩护，人民法院有义务保证被告人获得辩护。
3. 有必要查证这些说法的真实性或虚假性。
Part III Case Discussion杰克逊诉运动城公司一个未成年职业拳击手签订了一个协议，规定无论输、赢或平都有2000美元的报酬。
法律英语沙丽金版阅读文本问题答案集团档案编码：[YTTR-YTPT28-YTNTL98-UYTYNN08]L a w 1.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 conductis 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 Why9. 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 RomanLaw?2.The civil law is based on Roman Law.3.Who is the Justinian and what is his contribution?4.Byzantium Emperor. Compiling codes after the enthronement5.Which is the primary source of law in Europe, Roman Law or locallaws?6.Local customs7.Why was the concept of codification developed in the 17th and 18thcenturies?8.As an expression of both Natural Law and the ideas of theEnlightenment.9.What did the opponents of codification think about codification oflaw?10.Its opponents claimed that codification would result into the ossification of law.11.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.12.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations arepromulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.13.Where should people go if they wanted to apply for injunctionsbefore the 20th century14.Why?Courts of equity. Only courts of equity have the authority to do it.15.What is the difference between the selections of judges incivil law countries and that in common law countries?16.Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.17.What are the differences in the criminal procedures of the twomajor legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil lawcountries 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 UnitedStates?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 thestate judicial 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 judgesPlease give examples.No. For examples, a man who sits on the highest court of NewJersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is calleda 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 hearingappeals. They review the proceedings of trial courts upon thebasis of written records. They hear oral arguments and readwritten 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 inthe U.S. What are they7.There are three levels of courts: trial, intermediate appellate and top appellate.8.Does each state have a federal trial court What decides the numberof the federal trial court in each state9.Each state has at least one United States district court.The population of the district10.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.11.Which authority has the power to create federal circuit courts? Congress12. Does the Supreme Court of the U.S. review all the casesappealed Dose the Supreme Court of the U.S. have the power toreview all the decisions made by the state highest courts13.No. Yes.Constitution1.What are usually established in a constitution?2.A constitution establishes the rules and principles by which anorganization, or political entity, is governed. In the case ofcountries, this term refers specifically to a nationalconstitution, which defines the fundamental political principles and establishes the power and duties of each government.3.What are the examples that show the limitation imposed by theconstitution to the organizations in the United States4.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 theconstitution.5.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 thejudiciary, but also the relationship of institutions within those branches.6.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in asingle document, consisting of several different sources, which may be written or unwritten.7.Why is an unwritten constitution not an accurate synonym foruncodified constitution?Because all modern democratic constitutions consist of somewritten sources,8.What do the codified and uncodified constitutions respectivelyresult from?Codified constitutions are usually the product of dramaticpolitical change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions overcenturies.9.Is it easy to amend a constitution Why or why not10.No. an extraordinary procedure is required for constitutionalamendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.11.What happens if there are conflicts between the constitutionand a statute 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.12.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by theParliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs andtraditions.13.Are there any differences between the constitutional law andstatutory law in states using uncodified constitutions?No. Both can be altered or repealed by a simple majority inParliament.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 andpunishment.2.What is the accurate definition of crime?3.A crime is any act or omission that is contrary to the criminallaw.4.What are the elements that may establish a crime?5.Criminal liability, guilty mind,6.What is the standard of proof for the prosecution to prove that aperson is guilty?7.Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea8.What does the actus reus include?9.Conduct, circumstance and consequence10.Will all omissions lead to liability?11.No12.What are the circumstances where criminal liability has beenimposed for an omission?13.14.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, andhis/her omission constitutes a failure to discharge that duty—the omission is no longer pure.15.In what kind of cases is causation required?16.The defendant’s conduct caused the unlawful consequence17.How is the subjective nature of criminal liability proved?18.Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which thesubstantive criminal law is enforced.2.What are the sources of criminal procedure law?3.The United States Constitution, (2) federal statutes (3) theFederal Rules of Criminal Procedure (d) local district court rules(e) rulings of federal courts based on their common law decisionalauthority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internalregulations of the Department of Justice and other agenciesinvolved in the administration of the federal process.4.What is a known offence?5.Where the police conclude that a crime may well have beencommitted, it will be recorded as a “known offence”6.Who has the power to conduct investigation before arrest?7.Police, prosecutorial and other non-police investigations8.What are usually done in the process of booking?9.The arrestee’s name, the time of his arrival, the offense forwhich he was arrested are noted in the police “log”, thearrestee also will be photographed and fingerprinted.10.How many types of charging instruments are there in the felonycases?11.Complaint information, indictment12.Are there any differences between First Appearance andPreliminary Hearing?13.14.What will be done in the process of a grand jury review?15.Determining whether there is sufficient evidence to justify atrial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence issufficient, they will issue the indictment requested by theprosecutor.16.What are the characteristics of criminal trial?17.（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 manner18.How many types of sentences are used in criminal cases?19.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?4.The taxpayers provide the courtroom, the judge, and theinstrumentalities by which the dispute is resolved.5.Who usually initiates a civil litigation, a government or anindividual?Individual7.Is civil litigation time consuming8.Why?Yes. Because there are many more parts to the process than the trial,9.Why is the question of forum selection important?10.The decision implicates a variety of important doctrines. Andthere are questions of tactics and ideal for the defendant.11.What should be decided by a plaintiff and his /her lawyerbefore filing a suit?12.What to put in the complaint.13.Where can the elements of claims be found?14.Substantive law15.What is the function of civil procedure law?16.Civil procedure provides the mechanism—the process—by whichdisputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolvingdisagreements. It establishes the method by which someone would vindicate a right given to her by the law.17. What are the stages in civil litigation?18.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.4.How do you prove the intent of a defendant?5.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.6.What are the elements of false imprisonment?7.(a)Intent to confine a person within a certain area (b)actual confinement(c) Awareness of plaintiff of the confinement or injury toplaintiff due to confinement; and (d) Prevention of exit or nosafe exit possible by plaintiff8.What needs to be proved in case of trespass9.An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land10.What does standard of care mean?11.As a general rule, all persons are under a duty to conductthemselves in such a manner as not to create unreasonable risks of physical harm to others.12.How do you make defense for a negligent conduct?13.Contributory or comparative negligence and assumption of the risk 14.What is the difference between the two types of comparativenegligence?15.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, whichmeans that if the plaintiff is more than 50 percent at fault, he or she cannot recover.16.In what situation is the defense of assumption of risk applied?17.The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.18. Can a plaintiff get recovery if the defendant has no faultunder strict liability doctrine Why19.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?2.An implied contract is one that is inferred from the conduct of the parties.3.What is the difference between bilateral contracts and unilateralcontracts?4.A bilateral contract is one in which the parties exchange promisesto do some 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.5.What is the difference between a void contract and a voidablecontract?6.A void contract is a nullity from its beginning, and damages donot result. A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so. 7.What are the key elements for the formation of a contract?8.(1)the capacity of parties; (2) offer and acceptance (3)Consideration9.How does a corporation enter into a contract?10.The law creates a legal fiction that corporations are persons.11.Are the shareholders of a corporation involved in the contractconcluded by the corporation?12.No. This device allows corporations to sue and be sued and toconduct business transactions as entities without involvingindividual shareholders.13.What may decide the capacity of a person to enter into acontract?14.The age of the individual or from a party’s being mentallyincapable of understanding the ramifications 后果of the contract15.Are there any special provisions about minors’ making contract16.What are they?Minors are under an obligation to return any considerationreceived under the contract17.How can misunderstandings about terms in complex contracts beavoided?18.Complex contracts often contain sections that clearly definecertain terms.19.How do you decide whether the two parties of a contract havethe mutual agreement?20.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?2.It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.3.Who has the power to approve the individual corporate charteroriginally?4.State legislatures5.Which state is the winner in the race of attracting companies?6.Delaware7.What is the procedure for the formation of a corporation?8.Filing an appropriate document with a state official, and paying the appropriate fee9.What can corporations do as artificial persons?10.The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.11.What is the most obvious advantage that a corporation has?12.The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.13.Why does a corporation have continuity of life?14.The existence of the corporation is not dependent on who theowners or investors are at any time. If shareholders die, ordecide to sell out, the corporation continues to exist as aseparate entity.15.How do you understand the sentence “the corporation does nothave a limited life span”16.It does not really mean that all corporations will continue until the end of time but rather that a corporation will continueindefinitely until the owners decide to dissolve it or merge it into another business.17.What rights do shareholders have?18.Very specific rights such as a limited right to inspect the books and records of the corporation19. Who has the right to decide the transfer of shareholders’ownership of interests?20.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 mind3.And are the “ideas” protected by intellectual property lawYes, no4.What do the various kinds of intellectual property have in common?5.Patents, copyrights, industrial designs, trademarks andconfidential information6.Why do the intellectual property rights have much in common withthe rights associated with real property?7.Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.8.Do the different intellectual property rights have the samehistory9.Why?Each of the diverse intellectual property rights has its ownseparate history.10.What is the shaping of the intellectual property law closelyrelated to?11.Change economic and social conditions12.Are there any differences in the attitudes towards intellectualproperty rights13.What are they?Important economic assets rewards for mental laborA reward for individual creativity products of themarket14.In what way the ownership in intellectual property is limited?15.Time16.How are most intellectual property actions settled?17.Most are settled at the pre-trial stage and the usual remedy,where the claimant is successful, is a permanent injunctiontogether with costs.18.What are the remedies in intellectual property cases?19.Delivery up, damages and an account of profits。
《法律英语（第三版）》译文研究生英语教程沙丽金中国民主法制出版社七剑整理第一单元法系§1因为美国是联邦制国家，因此美国民众都很清楚不同管辖区域内的法律会有很大不同。
从政治角度而言，可以这样确切地说，任何一个独立的管辖区域都会有它独特的法律体系。
然而，鉴于法律渊源和法律方法的不同，大多数国家的法律渊源都属于为数不多的法律传统当中的一种。
在西方世界，部分国家被西方国家殖民统治或深受其影响，因此产生了两种主要的法律传统或法律族类——罗马法（大陆法系）和普通法（英美法系）。
美国的法律体系属于普通法系（路易斯安那州除外）。
§2这篇文章主要介绍了罗马法系和普通法系的起源与发展，以及两种法系的主要区别，特别是法律方法上的区别。
1、两种法系的起源以及它们在世界范围内的传播（1）普通法（英美法系）§3普通法系发端于英国。
早在1066年，征服者诺曼第人就建立了一些新的法则，但是普通法并不是在1066年就存在的。
征服者威廉姆并没有废除当地的习惯和法庭，起初它们的权力受到一定的限制，但最终当地的法院被废止不用。
皇家法院的判决成了在全国范围内施行的法律，即普通法。
§4普通法来源于先前的法院判决。
主要的传统来源是判例而不是立法。
这是如此的真实，以至于当普通法演变成一套不公平的刻板的和正式的程序性规则来统治国家的时候，国王选择了创设新的法庭而不是通过立法来修改法律。
当普通法的判决导致不公正的结果时，他（在当时通常不是她）会诉诸于国王。
因此，产生了如此多的诉求，以至于国王不得不设立枢密院来接受这些请求，希望救助并且衡平改正由普通法做出的错误判决。
这些法庭的判决因此产生了建立在法庭判决基础之上的所谓的衡平法。
这些普通法和衡平法都是普通法系的组成部分。
§5大英帝国将他们的普通法传播到世界各地。
普通法因此被大多数国家接受，当然这种“接受”最成功的是在欧洲殖民者占大多数以及对当地民众强行实施普通法的地区。
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。
