法律英语核心教程 (第一册)unit-3

1 The principal legal systems that exist in various forms throughout the world are the Romano-Germanic[1 Romano-Germanic: “Romano” is the combining form (构词成分) of “Roman”, which takes this form when it is part of a word, eg Romano-British. “Germanic” is th e adjective form of “German”. ]1 (civil law), common law, socialist law, and Islamic law. The Romano-Germanic systems predominate in Europe, in most of the former colonies of France, Germany, Italy, Spain, Portugal, and Belgium, and in countries that have westernized their legal systems in the nineteenth and twentieth centuries. Common-law systems are predominant in English-speaking countries. Islamic systems are found in the Middle East and some other parts of the world to which Islamic religion has spread. Socialist legal systems prevail in the People’s Republic of China, Vietnam, Cuba, and North Korea. Remnants of socialist systems are still found in the former Soviet Union and Eastern European countries.1的主要法律制度中存在的各种形式在世界各地是Romano-Germanic[1 Romano-Ger manic:“罗马”是组合形式(构词成分)的“罗马”,以这种形式时,它是一个词的一部分,比如罗马时期。

Unit 13Legal Environment of BusinessText I Government Regulation of BusinessDictionary Workbyword, ruthless, unscrupulous, tycoon, aggressive, profiteer, altruistic, terse, hovering, undercut, dubious, crafty, latitude, intervene, abuse,, empower, unconstitutional, interpret, interstate, intrastate,Pre-reading Questions1.What is government regulation of business?2.Why is government regulation necessary to business?3.How does the government exercise its regulatory power over business?Historical Evolution of Government Regulation1It’s important to understand that regulation hasn’t always been with us. Relatively speaking, it’s a rather novel idea if one takes the long historical view. America’s founders believed in a laissez-faire1–or “hands-off” –approach to the regulation of business. Business leaders took care of business, politicians took care of government, and the two groups left each other alone. Caveat emptor2, “let the buyer beware,” was the byword of the marketplace in the 1800’s. Moreover, there was little room for “friendly competition” in nineteenth century business transactions. With limited markets, hard-to-get supplies, and few production shortcuts, the business that hoped to survive often felt pressured into taking a fairly ruthless approach –wiping out competitors wherever opportunity permitted and taking full advantage of consumers not sufficiently wily to protect their own interests.2But by the late 1800s, too many competitors and consumers had fallen victim to unscrupulous business practices. Public opinion turned decidedly against the business tycoons, and this new philosophical tone set the stage for more aggressive laws3that sought to intervene in the marketplace. Despite widespread public support, however, early efforts at reform were not as successful as advocates had hoped. It was not until the late 1930s that it became generally accepted by lawmakers and the courts, that the Constitution did allow Congress fairly wide in in regulating commerce.3 In fact, today’s ongoing di scussions about the proper amount of governmental regulation are only the latest round in a debate – and, at times, fight – that is unlikely to end. Typically, business leaders insist that government interference does more harm than good. But many workers and citizens point to abuses of the past and present as proof of the dangers of unregulated industry. In general, legislators and federal agencies now tryto balance the ideal of the free marketplace with the less altruistic realities of human nature.4 Most observers these days agree that some form of government control is necessary. But where and how to apply that control has never been an easy issue to resolve. Few persons want to return to the days in which consumers took their chances in a marketplace where profiteering was an integral part of shrewd business management; yet, at the same time, almost no one favors the insufferable hovering of a government that involves itself in even the least important decisions.The Sources of Government Regulatory Power5 City, country, state, and federal administrative agencies together have created a web of regulations that govern how and under what circumstances a company is allowed to transact business, sell securities, set loan terms, ship freight, use resources, hire and fire employees, compete with rival firms, or negotiate labor contracts. You name it, and there’s probably some type of regulation to govern it.6 The government derives most of its power to regulate business from the U.S. Constitution’s “comme rce clause4,” which states that “The Congress shall have power … to regulate commerce among the several states.” This clause – together with the Constitution’s Article I, Section 8, which empowers Congress to levy taxes – are the twin pillars on which government regulation rests.7 The terse phrase among the several states allows some latitude in interpretation, and this has resulted in changes over time in the allowable scope of government control. At various points in its history, the commerce clause has been given a narrow interpretation; at other times, the interpretation has been considerably more extensive. At the heart of the issue is the debate over what constitutes interstate commerce (from inter, meaning between) versus intrastate commerce (from intra, meaning within). If the Supreme Court5interprets “interstate” commerce to include only the transportation of goods from one state to another, this is quite different from an interpretation that considers “interstate” commerce to be business practice s in one state (that is, intrastate) that affects business practices in another state. This distinction between intra-and inter state commerce is critical because the commerce clause allows Congress to regulate only that commerce that is among the several states.The Early Years of Regulation8 Early in the nineteenth century, the Supreme Court interpreted the commerce clause very broadly, giving the government power to regulate not only commerce that passed between states, but also “local” transactions that in some way “affected” interstate commerce. But this broad interpretation had little impact, since Congress left business pretty much alone to do as it wanted; the fact that the Supreme Court would permit broad regulation made little difference. As we noted earlier, however, by the end of the Civil War, workers and social advocates became increasingly upset with the overreaching practices of business, and Congress became more involved in attempting to regulate business practices. The passage of laws outlawing child labor andsixteen-hour workdays were major examples of this initial regulation.9 As Congress began to intervene in business practices this way, however, the Supreme Court also began to re-evaluate its interpretation of the commerce clause. It came to believe that federal power could only extend to those business transactions that in fact moved from one state to another – only these transactions met the definition of interstate commerce. It concluded that all other business transactions –even if their influence extended beyond a state’s boundaries – were part of intrastate commerce and, as such, beyond the reach of the federal government to regulate. So, ironically, as Congress became interested in passing regulatory law, the Supreme Court came to see those efforts as potentially unconstitutional. This conflict between what the public and Congress wanted and what business and the Supreme Court said the Constitution would allow continued until the late 1930s. But around that time, the Supreme Court again re-evaluated its interpretation of the commerce clause and concluded that Congress had the power to regulate any transactions by businesses that organized themselves on a national scale, not just those transactions that crossed state lines.The Current Regulatory Environment10 Today, the Supreme Court continues to reflect this broader reading of the commerce clause6, bringing it in line with the opinions held by the earliest Supreme Court views. Put simply, the current view is that the federal government can constitutionally not only regulate commerce that passes through or is transacted across two states, but also commerce that affects business in other states. Let’s consider an example to see how this works.11 Let’s say that Sharpe, a street vendor of chocolate-chip cookies, uses some questionable business practices to undercut his competitors in the Seattle business district cookie market. At this point, he is probably violating only local fair-business ordinances. But suppose Sharpe instead distributed packages of cookies to be sold in Seattle supermarkets. If Sharpe’s dubious practices are cutting into national markets, Sharpe may be charged with violating federal regulations –even though his is not a national company. Similarly, when business booms and Sharpe expands to form Northwest Cookies, a larger interstate company, he must either abandon his crafty methods of competition or risk running afoul of federal regulations. (1,156 words) Notes1. laissez-faire: let (people) do (as they choose). [尤指对商业活动的]自由放任的、不干涉的原则It’s a motto of 18th century French economists who protested excessive government regulation of industry. See: 1) the reaction against free trade and laissez-faire economy 2) a central position between laissez-faire and a planned economy2. Caveat emptor: Let the buyer beware. （购者当心，指货物出门概不退换原则）I t’s a maxim of the common law expressing the rule that the buyer purchases at his peril. Implied warranties in the sale of personal property are exceptions to the rule thus expressed. The maxim is applicable to salesof real estate in respect of conditions of the premises open to observation. The doctrine of the maxim applies in its utmost vigor and strictness to judicial sales, so that the purchaser takes upon himself the risk of finding outstanding rights that could have been asserted against the parties to the proceedings and which necessarily affect the title conveyed to him.3. more aggressive laws: referring to the multitude of laws, acts and statutes enacted in the late 19th century and also in the 20th century, for instance, the Sherman Antitrust Act in 1890, the Clayton Act in 1914, the Federal Trade Commission Act, the Consumer Credit Protection Act, the Consumer Product Safety Act, the Clean Air Act, etc., to regulate business practices and protect customers and the environment, which are more forceful or threatening.merce clause: Art. 1, §8, cl. 3 of the United States Constitution which gives Congress exclusive powers to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. 美国宪法商业条款5. the Supreme Court: the highest of the three-tier American federal court system. Established by the US Constitution, the Supreme Court is made up of nine justices and has both original and appellate jurisdiction. It also has the final responsibility for interpretation of the Constitution and federal statutes. 最高法院6. broad reading of the commerce clause: an interpretation of the meaning and extent of the commerce clause, which suggests an extensive scope of the commerce clause.Language Points1.With limited markets, hard-to-get supplies, and few production shortcuts, the business thathoped to survive often felt pressured into taking a fairly ruthless approach –wiping out competitors wherever opportunity permitted and taking full advantage of consumers not sufficiently wily to protect their own interests. (paragraph 1)Pay attention to the use of the verb-ing forms: wiping out competitors and taking full advantage of consumers. They are gerunds used here in apposition to the preceding noun phrase a fairly ruthless approach.2.It was not until the late 1930s that it became generally accepted by lawmakers and the courtsthat the Constitution did allow Congress fairly wide latitude in regulating commerce.(paragraph 2)Pay attention to the sentence pattern “It is/was not until … that + S + V”. It means the same as “S + do/does/did not +V + until …”. Hence, this sentence can be revised as: It didn’t become generally accepted by lawmakers and the courts until the late 1930s that the Constitution did allow Congress fairly wide latitude in regulating commerce.The pronoun it that follows the connective that is a nominal subject, standing for the real subject -- the noun clause that the Constitution did allow Congress fairly wide latitude in regulating commerce, which comes in the end of the sentence.3.Typically, business leaders insist that government interference does more harm than good.(paragraph3)Pay attention to the clause that follows the connective that. It’s a noun clause. A noun clause usually functions in the sentence as subject, object, prepositional object, or in apposition to the subject or object. There are other noun clauses in the text.4.It concluded that all other business transactions –even if their influence extended beyond astate’s boundaries –were part of intrastate commerce and, as such, beyond the reach of the federal government to regulate. (paragraph 9)Such here refers to the previous statement all other business transactions –even if their influence extended beyond a state’s boundaries –were part of intrastate commerce, and the insertion as such means because of this.5.Put simply, the current view is that the federal government can constitutionally not onlyregulate commerce that passes through or is transacted across two states, but also commerce that affects business in other states. (paragraph 10)Put simply here is a parenthetical phrase, meaning “to be put in short or to sum up”.6. Similarly, when business booms and Sharpe expands to form Northwest Cookies, a largerinterstate company, he must either abandon his crafty methods of competition or risk running afoul of federal regulations. (paragraph 11)Pay attention to the collocation risk running afoul of federal regulations. The verb risk is usually followed by a gerund or a noun. The collocation means to run the risk of getting into conflict with federal regulations.ComprehensionQuestions about the text1.What is a laissez-faire economy?2.What is the nature of government regulation of business in America?3.Why was there little room for “friendly competition” in the 19th century businesstransactions?4.Where does the government’s power to regulate bus iness mainly come from?5.What is the most satisfactory government regulation as history shows?6.What is the scope of government regulation in U.S. business?7.Was the Congress’ power to regulate business challenged in the 19th century?8.What is the difference between interstate commerce and intrastate commerce?9.What was the conflict between what the public and Congress wanted and what business andthe Supreme Court said the Constitution would allow, which went on until the late 1930s?10.What was the Supreme Court’s interpretation of the Congress’ power to regulate business inthe 19th century and what is its current position?VocabularyWrite out the word or phrase according to the explanation provided:A Ba.r________ 1. to control, direct, or to replace confusion with orderb.s________ 2. fixed or controlled by lawc.a________ 3. statement which is not supported by proof, that someone has donesomething bad or criminald.e________ 4. the gradual change and developmente.c________ 5. an agreement reached in a way that is acceptable to both sides of theconflict or lawsuitf.p________ 6. the approval of a law, statute, or act by a legislatureg.r_________ 7. the action of resolving somethingh.i________ 8. the definition or explanation of a term or clause in the statutei.a_______ 9. a method of doing something or dealing with a problemj.i_______ 10. a person who comes between two people or groups of peoples, esp. inorder to bring them into agreementk.d_______ 11. clear differencel.a_______ 12. a person who speaks for or supports an idea, way of life, etc.m.a________ 13. the settling of an argument by the decision of a person or group thathas been chosen by both sidesn.t________ 14. the doing or performing of trade, including the purchase, sale,exchanging, leasing, and distribution of commoditieso.s________ 15. having the highest position, in terms of power, importance, orinfluenceParaphraseParaphrase the following sentences from the text:1.In general, legislators and federal agencies now try to balance the ideal of the free marketplacewith less altruistic realities of human nature. (para. 3)2.Few persons want to return to the days in which consumers took their chances in a marketplacewhere profiteering was an integral part of shrewd business management; yet at the same time, almost no one favors the insufferable hovering of a government that involves itself in even the least important decisions. (para. 4)3.But this broad interpretation had little impact; since Congress left business pretty much alone todo as it wanted; the fact that the Supreme Court would permit broad regulation made little difference. (para. 8)4.But suppose Sharpe instead distributed packages of cookies to be sold in Seattle supermarkets;if Sharpe’s dubious practices are cutting into national markets, Sharpe may be charged with violating federal regulations – even though his is not a national company. (para. 11)Useful Phrases and Collocationsleave sb/sth alone, wipe out, take (full) advantage of, fall victim to sth, set the stage for, balance sth with sth else, take (one’s) chances, involve oneself in, compete with rival firms, derive (sth) from, empower sb to do sth, allow some latitude in, result in, at the heart of the issue, consider sth to be, in some way, be involved in, outlaw child labor, intervene in, beyond the reach of, bring sth in line with, be charged with, run afoul ofExercisesI. Blank fillingFill in the blanks with the proper phrases given below. Add words and/or change the form of the given words when necessary.leave sb/sth alone, take an approach, take (full) advantage of,fall victim to sth, involve oneself in, allow some latitude in,make little difference, bring sth in line with, run afoul of sth, result in1.At a time, a lot of people complained that the administrative agencies _______ ______________almost all business activities, making it hard to conduct business.2.As our country is approaching its accession to the WTO, we have to ___________________________ the international norms.3.When you open up a business in a new market, you have to ___________________.4.In the initial years of the reform and opening-up some people ______________ the loosegovernment regulation and accumulated a lot of wealth.5.In market economy companies should ___________________ running their own business.6.His own carelessness ___________ his injuries, so he couldn’t expect any remedy from theemployer.7.At a time businesspeople wanted the government _______________, but customers complainedabout the abuses as a result of lack of government regulation.8.Before Congress granted the government with regulatory power in business many customers________________ immoral business practices.9.Nowadays business managers have to study laws in order to prevent their businesses from________________ government regulations.10.Whether the government curbs smoking by levying heavier tax on tobacco or not___________________ to him as he has quit smoking.II. Error correction1.Public opinion turned decidedly against the business tycoons, and this new philosophical toneset the stage for less aggressive laws that sought to intervene in the marketplace.2.Today’s ongoing discussions about the proper amount of governmental regulation are only thelast round in a debate – and, at times, fight – that is unlikely to end.3.Business leaders insist that government interference does more harm than good, but manyworkers and citizens point to abuses of the past and present as proof of the dangers of regulated industry.4.Most observers these days agree that some form of government control is necessary, but whereand how to apply that control has always been an issue to resolve.5.Since Congress left business pretty much alone to do as it wanted, the fact that the SupremeCourt would permit broad regulation made a little difference.6.If Sharpe’s dubious practices are cutting in to national markets, he may be charged withviolating federal regulations – even though he is not a national company.7.The parties whose dispute is solved through mediation are more unlikely to be able to workconstructively within the agreement.8.Almost no one favors the insufferable hovering of a government that involves itself in even theleast momentous of decisions.9.At the heart of the issue is the debate in what constitutes interstate commerce versusintrastate commerce.10.At this point, Sharpe is probably violated only local fair-business ordinances.III. GrammarA.The following exercises are about noun clauses. Choose the most appropriate answer from theoptions provided to complete the sentences:1.The truth _______ the US is a country with rule of law is known to all of us.a. ifb. whetherc. thatd. which2.______ the customer will win the lawsuit against the seller remains a question.a. Thatb. Whetherc. Ifd. What3.______ the government should apply its regulatory power in business relationshipshas never been an easy issue to resolve.a. Whetherb. Ifc. Whyd. How4.The lawyer has not answered my question ________ I can count on some remedyfor the damage.a. whetherb. whenc. whered. why5.His success is due to _________ he had been working hard.a. thatb. the fact whichc. the fact thatd. the fact of6.Mr. Cooper looked rather depressed. Do you know ________ trouble was?a. hisb. why hisc. how hisd. what his7.When dealing in a litigious environment, you cannot take ________ approach youprefer.a. whatb. whateverc. whicheverd. whosever8._______ worries us a lot is what the world will be like in the future.a. Thatb. Whichc. Whod. What9.I’m not sure ________ the U.S. antitrust law should be enacted.a. ifb. whetherc. whend. why10.He is concerned about ________ judge will preside over the court hearing.a. whichb. whatc. whose thatB. Complete the sentences by translating the expressions in the brackets:1.The States retain the exclusive power to regulate intrastate commerce – economic activities thathave no significant effect on commerce outside their own borders, while____________________________________________________________________________ ____________________________________ ________ (联邦政府单独享有调解美国所有的涉外贸易和州际贸易活动的权力).2.Many people who favored increased regulation of business felt that the courts and legislatures_____________________________________________________________________________________________________ (不太适应处理我们所处的不断变化的环境中出现的复杂问题).3.The Federal Trade Commission Act, which created one of the most active and controversialfederal administrative agencies and _______________________________________________________________________(赋予它调解竞争性商业活动的广泛权限), is a good example of the feder al government’s extensive regulation of business.4.The large number of injuries caused by defective consumer products _________________________________________________________ (导致了国会于1972年通过了《消费品安全法》).5.The equality of the sexes is literally applied so that a law is unconstitutional when it gives towomen a protection or an advantage _____________________________________________ (而不给予从事同种工作的男子).IV. ClozeWhy Is Government Regulation Necessary?The Industrial Revolution changed the nature of American society. Before the Civil War, more than 80 percent of Americans were self-employed, and the small proprietorship was the 1________ form of business organization. Many forms of organization were objects of public 2 _ Labor unions were treated as criminal conspiracies, and even corporations were viewed with some suspicion.The 3 of corporate power and the abusive activities of the large industrial combines and trusts after the Civil War became subjects of major public concern, producing a public outcry for federal action. Congress responded by 4 the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.In addition, life was becoming more 5 . New forms of human activity that presented a need for regulation were (and are today) 6 on an almost daily basis. Ever-expanding scientific knowledge also continued to increase our understanding of the effects of our behavior on each other and on the environment.This tremendous growth of government regulation, while it has no doubt produced many 7_____ social benefits, has also produced considerable public dissatisfaction. We all regularly hear complaints about government “red tape”* and bureaucratic inefficiency. Some commentators argue that the costs associated with complying with government regulations are a 8 contributor to spiraling inflation. Others complain that 9 a business is becoming more and more difficult in an environment of increasing and sometimes 10 regulations. Regulatory agencies are criticized as being inefficient and overzealous on the one hand and “captive” tools of industry on the 11.Despite current 12 disenchantment with regulation, however, it is probably fair to say that regulation is here to stay. Today, we are witnessing a “13” movement aimed at reducing numerous “friendly” regulations that in the past operated to shield some businesses from the forces of competition. In other areas, conflicting or 14_________ regulations may need to be reworked. Nonetheless, as long as the United States continues to be a highly complex and industrialized society, 15 will be an important fact of life.*red tape: forms and routines followed in official business; the protective helmet of bureaucracy.V. Translation1. In the eyes of many observers, administrative agencies like the Federal Trade Commission, theSecurities and Exchange Commission, and the Environmental Protection Agency form an unofficial fourth branch of government with the authority to enact rules and regulations (quasi-legislative power) and the power to hold hearings to determine whether those rules have been violated (quasi-judicial power).2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with anyother person or persons to monopolize any of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a misdemeanor.3. By the middle of the 20th century, realizing that business needs had been given too muchpreferential treatment –often at the expense of consumers’ rights, consumer activists bega n to convince local, state, and federal governments to pass laws that would re-evaluate priorities and give consumers the protection they needed and deserved.4. 中国宪法明文规定：中国政府鼓励外商来华投资并依法保护外国企业和个人的合法权益。

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。

Unit 11Criminal LawTextⅠCrime and PunishmentDictionary Workoffence, omission, prosecute, compensate, concurrently, plead, felony, incarceration, mala in se, mala prohibita, inherently, fornication, sodomy, heritage, espouse (v.), notwithstanding, perpetrator, justifiable, proclaim, adhere toPre-reading Questions1.What is a crime?2.How many classifications of the crime are there as far as you know?3.What is the relationship between criminal law and punishment?Definition1For many countries one of the most serious domestic problem is crime. What is a crime? How to give it a definition?It varies from country to country and from time to time. A crime or offence is an illegal act, omission or event, whether or not it is also a tort, a breach of contract or a breach of trust, the principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the State, and if he is found guilty is liable to be punished whether or not he is also ordered to compensate his victim.2 A wrong is a breach of a rule; it may be moral or legal according to whether the rule is one of morality or law. Legal wrongs may be civil or criminal, and this distinction depends upon that between civil and criminal law. The civil law is primarily concerned with the rights and duties of individuals among themselves, whereas the criminal law defines the duties which a person owes to society, but a legal wrong may be both civil and criminal.3Sometimes, the same conduct may be both a civil wrong and a crime. There are many cases in which one who commits a tort is also guilty of a crime. Assaults and collisions between vehicles are two out of numerous examples. Where a crime is also a civil wrong, criminal and civil proceedings may usually take place concurrently and the one is normally no bar to the other.4The only exception to this rule of any general importance is that, where criminal proceedings are taken in a magistrates’ court in respect of a common assault or battery by or on behalf of the party aggrieved, the defendant is released from all other proceedings, civil or criminal, for the same cause, if he obtains the magistrates’ certificate of the dismissal of the complaint or undergoes the punishment inflicted upon him. A certificate of dismissal must be issued if the magistrates decide that the offence is not proved, or if proved is so trifling as not to merit any punishment. Thepower to dismiss a case even though the offence is proved, which is peculiar to the above off ences, depends on there having been a hearing “on the merits” and this will not have occurred if the accused pleaded guilty.Criminal Law Classifications5Criminal law classifies crimes according to various criteria, including (1) the nature and degree of p enalty attached, (2) the nature and degree of “evil” involved, and (3) the kind of social harm.Felony, Misdemeanor, and Violation6 The past influences present criminal law. The great legal historian Frederic William Maitland maintained that the reasons for old classifications may have long since died, but their ghost ruel us from the grave. He meant that even when classifications have outlived their usefulness, they influence present practice. The classification that divides crimes into felonies and misdemeanors represents one example of the past ruling us from the grave. Historically, felonies were crimes punishable by death. Present law divides felonies into capital felonies and ordinary felonies. Therefore, the category includes both serial killers such as Ted Bundy at one extreme and individuals who steal £500 at the other. The breadth of its scope makes the classification largely meaningless in any sociological sense. It serves mainly as an administrative device to determine who gets the death penalty, life imprisonment, or incarceration in a state prison.7 Misdemeanors include crimes punishable either by fines or up to one year in jail. Common misdemeanors include simple assaults and battery, prostitution, and disorderly conduct. Most jurisdictions divide misdemeanors into gross misdemeanors.A third category of crime is violation. Traffic offenses fall into this group..Mala in se and Mala Prohibita8Another legal classification sorts crimes according to their perceived “evil.” This old arrangement overlaps the felony, misdemeanor, and violation categories and defines some crimes as inherently bad (the Latin mala in se). Crimes such as murder and rape fall into this category. Other behavior constitutes a crime only because the law says so (the Latin mala prohibita). Parking in a “no parking” zone is malum prohibitum.9This classification reflects American criminal law’s roots in the religious and moral codes of England and colonial America. Although frequently viewed as a preoccupation of the New England Puritans, the Anglicans of Virginia, Pennsylvania Quakers, and Maryland Catholics also infused criminal law with a moral component. The major felonies and “morals” offenses, fornication, prostitution, sodomy, gambling, and public drunkenness, descend from this religious and moral heritage.10In practice, no bright line separates mala in se and mala prohibita offenses. In fact, research demonstrates that despite legal theories espousing the distinction, and notwithstanding talk of an ethical core in the criminal law, perpetrators consider manycrimes formally classified mala in se “justifiable”-that is, a means to put right a keenly felt wrong. They believe their conduct may have been “technically” a crime, but definitely not evil. Despite these findings, legal theorists cling to the distinction.Crime, Law and Punishment11 “N o crime without law and no punishment without law” proclaim two ancient maxims governing formal criminal justice. Formally, modern criminal law adheres to these maxims in the firmly fixed principle of legality that underlies the substantive criminal law, that is, the law that defines what constitutes a crime. The principle of legality also applies to the law of criminal procedure, the law that prescribes how the government enforces the substantive criminal law, in such constitutional commands as “no deprivation of life, liberty, or property without due process of law” and the guarantee of equal protection of the laws.12In practice, much reprehensible conduct, some of which causes considerable harm, occurs in every society. Neither all of that conduct nor all of that harm constitutes a crime. The law determines the distinction between unethical, immoral injury that justifies non-criminal legal action and criminal conduct and harm. To qualify as crimes, conduct or harm must satisfy five requirements; (1) A specific law prohibits the conduct and/or harm. (2) The law prescribes a penalty for the prohibited conduct and/or harm. (3) The particular law conforms to the general purposes and principles of criminal law. (4) The government must adhere to the rules of procedure in administering and enforcing the criminal law. (5) The punishment prescribed and actually administered accords with the Constitution’s prohibition against cruel an d unusual punishment.(1089words) Cross Jones &Card, Introduction to Criminal Law, 11th edition, Butterworth & Co (Publishers) Ltd.; Joel Samaha, Criminal Justice, 2nd edition, West Publishing CompanyNotes_________________________1.capital felony: Crime punishable by death or life imprisonment.可判死刑或终生监禁的重罪。

EIMBook1Unit3Whosyourhero单元知识要点Unit 3 Who’s your heroPart 1 (p26-27)New Wordcollege [?k?l?d?] n. (英国)学院，(美国)大学realise[?r??la?z] v. 意识到，实现electric [??lektr?k] adj. 电的，电动的discover[d??sk?v?(r)] v. 发现chemical[?kem?kl] adj. 化学的；n. 化学制品，化学品local [?l??kl] adj. 地方的，(身体)局部的paper[?pe?p?(r)] n. 纸，文件gas [ɡ?s] n. 气体，汽油against [??ɡenst]prep. 反对judge [d??d?]n. 法官；v. 判断order [d?(r)] v. 命令，订购，点(酒菜等)；n. 顺序theory [?θ??ri] n. 理论，原理To be understand:Kansas[?k?nz?s] n. 美国堪萨斯州（美国州名）California [?k?l??f??ni?]n. 加利福尼亚州chromium [?kr??mi?m]n. 铬Hinkley [?hinkli] 辛克利（加州北部小镇）pacific [p??s?f?k] adj. 平静的，和平的，太平洋的；n. 太平洋Word Form1.manage [?m?n?d?] v. ---manager n. 经理/doc/ef41defbab8271fe910ef12d2af9 0242a895ab8e.html anise ['?:g?na?z] v. 组织，安排---organisation [ɡ?na??ze??n] n. 团体，机构3.discover [d??sk?v?(r)] v. 发现---discovery [d??sk?v?ri] n. 发现4.realise[?r??la?z] v. 意识到，实现---realization n. 现实Phrases and Sentences1.move to sp. 搬到某地I moved to my new house last year.2.work for sb. 为某人工作3. a piece of paper un. 一张纸papers=documents/files文件；organise papers 整理文件4.sb’s job is to do sth. 某人的工作是... Teachers’ job is to teach the students.5.order sb (not) to do sth. 命令某人（不）做某事My mum ordered me to go home at once.6.in total =in all =altogether =totally 总共Grade Eight has 16 classes in total.7.be against sth. 反对...; be for sth. 赞成...8.drinking water 饮用水9.give a talk 作报告10.start a law case against 起诉...11.realise/realize v.①=unders tand 明白，知道I suddenly realised that the boy was crying.①=achieve 实现realise one’s dream=make one’s dream come true 实现某人的梦想12.judge v. don’t judge a book by its cover. 不要以貌取人；n. 法官，裁判员Unit 3 Part 2 (p28-29)New Wordstudy [?st?di] n. 学习，研究marry [?m?ri] v. 结婚，嫁，娶help [help] v. 帮助start [stɑ?t] v. 开始；n. 开头visit [?v?z?t] v. 拜访，参观believe[b??li?v] v. 相信plan [pl?n] v./n. 计划，打算agree [??ɡri?] v. 同意，赞成try [tra?] v. 尝试，努力stop [st?p] v. 停止，阻止decide [d??sa?d] v. 决定somewhere [?s?mwe?(r)] adv. 在某处someone [?s?mw?n] pron. 某人，重要人物enemy [?en?mi] n. 敌人illegal [??li?ɡl] adj. 不合法的expensive [?k?spens?v] adj. 昂贵的finish[?f?n??] v. 完成hero [?h??r??] n. 英雄die[da?]v. 死kill [k?l] v. 杀死protect [pr??tekt] v. 保护presentation [?prezn?te??n] n. 展示，展览farm [fɑ?m] n. 农场escape [??ske?p] v. 逃离Word Formvisit v. ---visitor n. 参观者，游客believe v. ---belief n. 信仰rain n. 雨---rainy adj. 下雨的die v. 死---dead adj. 死亡的---death n. 死亡present [?preznt] v. 展现，提交---presentation n. 展现decide v. 决定---decision n. 决定protect v. 保护---protection n. 保护legal adj. 合法的---illegal adj. 非法的kill v. 杀死---killer 杀人犯farm n. 农场---farmer n. 农民prison v. 监狱---prisoner n. 囚犯marry v. 结婚---married adj. 已婚的---unmarried adj. 未婚的interest v./n. 使感兴趣/兴趣---interesting adj. 令人感兴趣的---interested adj. 感兴趣的Phrases and Sentences1.help sb. to do /do /with sth. 帮助（某人）做某事2.be/get married to 嫁、娶某人3.start doing/to do 开始做某事4.visit chengdu =pay a visit to chengdu =be a visitor to chengdu 拜访成都5.believe 相信某人的话VS believe in 信任某人6.plan to do /for sth. 计划做某事7.finish doing sth. 完成做某事8.play tennis 打网球9.play the piano 弹钢琴10.something interesting 有趣的事情11.for a long time 很久/doc/ef41defbab8271fe910ef12d2af9 0242a895ab8e.html e up /pick it up /put them on /get in /take off /come down /put it down13.in front of 在...前面（外部）/in the front of 在...前面（内部部）14.decide to do =make a decision to do =make up one’s mind to do 决定做某事15.work with 和某人一起工作16.try dong /to do 尝试做某事/努力做某事17.run away 逃离18.in fact =as a matter of fact =actually 事实上19.pull out 掏出20.escape from 逃离21.because+clause从句VS because of +名词/代词/动名词22.die of 死于...(内因) /die from 死于...(外因)23.in prison 入狱坐牢/in the prison 在监狱里Unit 3 Part 3 P30-31New Wordremember[r??memb?(r)] v. 记住，纪念politician [?p?l??t??n] n. 政治家statue[?st?t?u?] n. 雕塑，雕像sculpture [?sk?lpt??(r)] n. 雕塑lead[li?d] v. 带领independent [??nd??pend?nt] adj. 独立的monument[?m?njum?nt] n. 纪念碑remembrance [r??membr?ns] n. 回忆，回想rights[ra?ts] n. 权利celebrity [s??lebr?ti] n. 名人handprint [?h?ndpr?nt] n. 手印footprint [?f?tpr?nt] n. 脚印memory [?mem?ri] n. 记忆，记忆力completely [k?m?pli?tli] adv. 完全地，完整地attack [??t?k] n. 袭击，攻击positive [?p?z?t?v] adj. 积极乐观的，正面的include [?n?klu?d] v. 包括temperature [?tempr?t??(r)] n. 温度except [?k?sept] prep. (所言不包括的人或事物前)除…之外determine [d??t??m?n] v. 下决心，做决定Canadian [k??ne?di?n] adj. 加拿大的；n. 加拿大人To be understood:Simon Bolivar 西蒙·玻利瓦尔Mount Rushmore 拉什莫尔山国家纪念公园Monument to the People’s Heroes 人民英雄纪念碑autography[??'t?gr?f?] n. 签名Etemal Flame at the Tomb of the Unknown Soldiers 无名战士土豪中的永恒火焰Lady Diana Spencer 戴安娜·斯宾塞戴安娜王妃Dr. Martin Luther King 马丁·路德·金博士Diana, Princess of Wales Memorial Fountain 戴安娜王妃纪念泉concrete[?k??kri?t] n. 混泥土magnetic [m?ɡ?net?k] adj. 有磁性的，有魅力的eternal[??t??nl] 永恒的，不朽的polar bear [?p??l? be?(r)] n. 北极熊husky [?h?ski] n. 哈士奇Liverpool ['liv?pu:l] n. 利物浦John Lennon [?l?n?n] 约翰列侬Brazil n. 巴西Rio [r] de Janeiro 里约热内卢Hollywood [?h?liw?d] n. 好莱坞Hollywood’s Grauman’s Chinese Theatre 好莱坞中国剧院North Pole 北极点New Zealand 新西兰memorial [m??m??ri?l] n. 纪念碑；adj. 纪念的pavement [?pe?vm?nt] 人行道，路面flame [fle?m] n. 火焰tomb [tu?m] n. 坟墓Word Formpolitical adj. 政治的---politics n. 政治---politician n. 政治家music n. 音乐---musical adj. 音乐的---musician n. 音乐家dependent adj. 依赖的---dependence n. 依靠---independent adj. 独立的---independence n. 独立lead v. 带领---leader n. 领袖---leading adj. 主要的princess n. 公主---prince n. 王子include v. 包括including prep. 包括complete adj.&v. 完全的&完成---completely adv. 完全的forget v. 忘记---forgetful adj. 健忘的---forgettable adj. 容易忘记的---unforgettable adj. 难忘的Canada n. 加拿大---Canadian adj.&n. 加拿大(人)的&加拿大人Phrases and Sentences1.different kinds/sorts/type of things 各种各样的事情2.in different ways 用不同的方式；a way to do sth./of doing sth. 做...的方法、手段；on the way to sp. 去...的路上We can solve this problem in different ways.That’s not the right way to hold a pair of chopsticks.We are on the way to the museum.3. a statue of =a model of =a sculpture of... ......的雕塑，模型4.lead... to... 导致......Interest can lead us to a new world.5.remember... with... 用......来纪念We often remember soldiers with a monument.6.be named after 以......命名This child will be named after his father.7.do...alone =do... by oneself =do... on one’s own 独自做......8.what do you thnk of... ? how do you like...? 对...... 怎么看？9.give me an example of... 举一个例子10.in temperature of =at the temperature of... 在......温度之下11.be determined to do 下定决心做某事Playing basketball makes me happy, so I determined to play it.12.in...situation 处于......情况下She was in a very dangerous situation.13.include v. You should include some examples in your project.including prep. You should write some examples in your project, including your personal experiences.14.on one’s journey to sp.=on one’s visit to sp. =on one’s trip to sp. 在某人去......的旅行中15.make one’s dream come true =realize one’s dream 实现梦想16.make sure +句子确保Make sure that all the windows are shut before they leave.make sur of +sth.确保We will make sure of a successful celebration.17.except VS except forexcept ......除外具有排它性质We all went to see the film except Mr. Wang. (王先生没有去)except 除了...... 除去整体中的一部分The composition is very good except for a few spelling mistakes.18.Many people left flowers and messages near the place where the car accident happened.。