经典法律英语对话(七)

第一环节：书记员1 Please be quiet.2 bailiff, please take the plaintiff to court.3 bailiffs, please take witnesses of both parties to court waiting for summon4 Please be seated, jury ——这时候陪审团宣誓：（As the citizen of United States, I do solemnly, sincerely and truly declare and affirm that I will faithfully try the defendants and give a true verdicts according to the evidence,and perform the obligation as a jury faithfully.）5 Read out the court order: bystanders must comply with the following discipline.(A) No audio, video or photography;(B) Prohibited from moving around and entering the trial area;(C) No statements or questions;(D) No one may clamor, applause, make noises or conduct any other act that may hamper the order of trial.6 court这时候全体起立，法官进场，法官向大家鞠躬，大家向法官鞠躬，法官坐下，大家坐下书记员：Court docket number:19850001Plaintiff: Theda CherryDefendant:Gary McCulloughDefendant:Janelle StemToday, court will trial the case that Theda Cherry sue Gary Mcllough and Janelle Stem publicly.thank you第二环节：1.原告律师开场陈述2.被告律师开场陈述3.原告律师邀请原告证人证人到庭，按住圣经宣誓，然后坐下Cherry宋彩云1, what were you doing about 9:am on the morning of July10th ,1985 ?I was driving west on Jefferson avenue in the center lane to work at semmes-murphury clinic2, how fast were you driving at that timeAbout 5mph because I was slowing down to a stop at a red light that was about 100 feet away3,Did you keep driving in the center lane on Jefferson avenue prior to the accident ?Yes杨志To cherry: hello,mrs cherry,iam very sorry for the accident.now i have some questions.the first one is you say mc was traveling at the speed between 50-60 mph prior to the accident？Cherry:yesTo c:ok,what is your job?C:iam a x-ray technician in the radiology departmentTo c:ok,so you are not a professional person about car and the speed you said just on the basis of guess.The second one is how old are you ?C:61To c:do you have a history of disease,like arthritis worsened?C:yes杨金蓉To cherryDid u notice any vehicles in front of mc?Did u see my client mrs Stems?Police at scene宋彩云1,did you watch whole the accident on the morning of July 10th ,1985 Yes,2,can you tell us what the situation was ?One chevrolet camaro striked a toyota coralla, obviously,the chevrolet was over-speeding. The woman in toyota was thrown against the steering wheel.3,,isn’t it that the defendant Gary mc was not watching the traffic when the accident happened?Objection,objection your honor ,counsel is leading the wittness.杨志To police:what did you see when the accident occured?Police:I saw Gary was traveling overspeed and suddenly he swerved into cherry’s lane of traffic,striking her vehicle on the front driver’s sideTo:how far did you from the scene of the accidentPolice: about 100 feetTo:oh,100 feet.you have a sharp eyesight,sir.杨金蓉Where were u standing when the accident happens?Are u shortsighted?After car accident, when u check mr mc' car, do u smell alcohol?医生(原告出示医生证明)Simmon宋彩云1, DR Simmon tell us is theda cherry unable to work after the accident? (课本)杨志To simmons:what is your job Dr simmons?S:Iam the emergence room physician at Baptist memorial HospitalTo:mrs cherry said she suffered the spinal arthritis worsened and can not be able to work because of the accident. Is it true?S:I don’t think so.书上the worsening of the……William1,DR William, is theda cherry your regular physician?Yes2, can you tell us how sever theda cherry is after the accident ?Employer宋彩云1,mr tell us is theda cherry work at the s-m clinic？Ye ,she is a x-ray technician in the radiology department.2, what is the regular salary for one month?4000 us dollars原告律师总结被告辩护律师邀请证人出庭作证Gary mc杨志To mc:hello mr gray,what is your job?Mc:I employ by federal express in memphis,ai hub supervisor.To:oh,federal express, so you must have a good driving.Ma:yesTo:and how about your vehicle condition?Mc:it is in good condition.To:ok,so tell us what happened on july 10 ,1985,at approxinately 9 am. Ma: On july 10,1985,at approximately 9am,I was driving east in the center on jefferson avenur at about fitteen to twenty-five mph and then a full-size car driven by Stem,backed out of a parking lot into his lane of traffic.so I had to slam on his breaks,which caused me to go into a apin,swerving intocherry’s lane of traffic,striking her vehicle on the front driver’s side.宋彩云1,when did you first see that ms stem was backing out of the parking lot?I was driving east in the center on Jefferson avenue2, when were the brakes on your car last inspected? do you have the record available ?Last month 1202杨金蓉What do u have for breakfast?Are u drunk?Eyewitness杨志To eyewitness:hello sir,did you know about mc before?E:noTo:that is to say you have no special relationship with my client.E:yesTo:what were you doing when the accident occured?E:I was walking to my car in the parking lot when the accident occurred. To:ok,now tell us what did you see onjuly 10,1985,at 9 am.E:Gary was driving east in the center on jefferson avenue,when the vehicle driven by stem appeared out of nowhere in his lane of traffic. To avoid hitting stem ,Gary slammed on his brakes,which caused hie cehicle to go into a spin,stopping in the center westbound lane and colliding with cherry’s vehicle.To:how fast was mc traveling:E: at about fifteen to twenty-five mph杨金蓉Where we're u? What u were doing?Stem杨金蓉What is ur name?What do u do?What were u doing?Why ?Then?杨志To stem:ms. Stem,can you tell us how fast mc was driving prior to the accident on the morning in question?Objection:Calls for an apinon,your honorCourt:overruled:Ms.stem:between 45 and 50miles per hour.宋彩云ms stem, can you tell us how fast mr mc was driving prior to the accident on the morning in question?About 45mphStepson杨志To stepson:what is the relationship between you and stem.S:she is my stepmatherTo:do you love her;Stepson:yesTo:what were you doing when the accident occuredS:That morning she had taken time off work to take me to the dentist office for my usual checkup.she was taking me back to school when the accident occurred.To:so she is very important to you,if she undertake the responsibility,nobody will look after you.Over,your honor. 法官请原告总结陈词第三环节原告总结陈词被告总结陈词法官指示陪审团陪审团讨论陪审团宣布结果法官宣布结果。

关于法律的英语口语对话其实学习英语口语最重要的是要坚持下去，今天小编给大家整理了有关英语口语的情景对话，大家要好好看一看，背一背，这样才能更快的提升英语成绩哦一我和犯法的事一点关系都没有AI need order in the court!保持肃静!BI am ready to make my plea.我准备好为自己辩护了。

AWhat do you plead?你要辩护什么?BI plead not guilty.我是无罪的。

AAll the evidence indicates that you are guilty.所有的证据都证明你有罪。

BI realize that, but I am not guilty.我知道，但是我不是。

AIs that right?真的吗?BI had nothing to do with the crime that was committed.我和犯法的事一点关系都没有。

AWho is the guilty party?那是谁干的?BI’ll tell you if you let me go.如果你能放我走，我就告诉你。

AI’d be glad to make a deal with you.可以答应你的要求，如果你告诉我的话。

BI am willing to tell you that information.我愿意告诉你实情。

二我准备好为自己做无罪辩护了AOrder!肃静!BYour Honor, I am ready to make my plea.法官大人，我已经准备好为自己辩护了。

AWhat’s your plea?你有什么需要说的吗?BI am pleading not guilty.我没有犯罪。

ABut all the evidence points to you.但是所有的证据都指向了你。

BI am not the guilty party我不是罪犯。

法律英语口语900句（7）：Law 法律Part 7 Law法律1.A later statute takes away the effect of a prior one.2.Arms and laws do not flourish together.3.Consent makes law.4.Custom has the force of law.5.Customs,religions and philosophies tend to form the basis for a nation's laws6.Equity is a correction of common legal rules in their defective parts.7.Except as otherwise provided by law.8.Every law has a loop hole.9.Every law has no atom of strength,as far as no public opinion supports in.10.In civilized life,law floats in a sea of ethics.11.It can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authority and the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.No,crime without law making it so;no penalty without law making it so.31.No one is above the law.32.One with the law is a majority.33.Scarcely any law can be made which is beneficial to all;but if it benefits the majority it is useful.34.Substantial law defined rights,and procedural law establishes the procedures by which rights are protected and enforced.35.The definition of law depends on how we look at its purposes or funcitons.36.The end of law is not abolish or restrain,but to preserve and enlarge freedom.37.The first of all laws is to respect the laws.38.The law cannot make all men equal,but they are all equal before the law.39.The law does not concern itself about family trifles.40.The law holds no man responsible for the act of god.41.The law is the witness and external deposit of our moral life.42.The law never suffers anything contrary to trun.43.The law often allows what honor forbids.44.The law on libel is considered too lenient.。

1，You have the right to remain silent and refuse to answer questions. Anything you do say may be used against you in a court of law.2，You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.3，If you cannot afford an attorney, one will be appointed for you before any questioning if you wish4，If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?“宪法要求我告知你，以下的权利：1."你有权保持沉默，你对任何一个警察所说的一切都将可能被作为法庭对你不利的证据2."你有权利在接受警察询问之前委托律师，他（她）可以陪伴你受询问的全过程3."如果你付不起律师费，只要你愿意，在所有询问之前将免费为你提供一名律师4.如果你愿意回答问题，你在任何时间都可以终止谈话。

法律英语900句1.He is a holder of an insurance policy.2.How long is the period from the commencement to termination of insurance?3.Insurance companies insured ships and their cargoes against loss at sea.4.Mr.Rodman is the most heavily insured man in the world,carrying $4,000,000 insurance on his life.5.One kind of insurance policy is the one that covers a named person.6.Parties to an insurance contract are required to exercise the utmost good faithand disclose all relevant matters to each other.7.The coverage is written in the basic form and clauses.8.What cover will you take out?9.What do your insurance clauses cover?10.Who will pay the premium for WPA?Part 2 Real property1.A man may claim that the owns land by inheritance or purchase from some other person.nd is referred to as realty.nd may not be sold,leased,mortgaged or illegally transferred by any other means.nd,the main source of wealth,is by the very nature of things treated differently from other kinds of property.5.Permission for any change in the use of the land ownedhas to be obtained from the local planning authorities.6.Property may be classified into real property and personal property.7.Real property is both a bundle of legal rights and certain physical objects.8.Real property is land and things immovably attached to the land.9.The ownership of land grew out of possession.10.Where a squatter occupies derelict landand continues in uninterrupted possession for 12 years,the owner's title to land is destroyed.Part 3 Encumbrance1.A landowner who already holds land subject to a mortgagemay wish to hypothecate his equity.2.A lien against the property is granted to secure an obligation.3.A pledge is something more that a mere lien and something less than a mortgage.4.After the court imposed the lien,it usually issues a writ directing the sheriff to seize the property.5.If the purpose of the transaction is to transfer property for security only,then the courts will hold the transaction a pledge.6.It is a charge on land.7.He decided to redeem the pledge.8.Mineral rights are not mortgageable in this jurisdiction.9.Mortgage is a security interest in real property.10.The debtor whose property is subject to the mortgage is called the mortgagor. Part 4 Process1.Address of service of process shall be included in the Articles of Association.2.Alias summons is a subsequent summons issued to replace onethat could not be served or otherwise failed.3.Smith was subpoenaed as a witness to appear in the circuit court.4.Summons is a written notification that one is required to appear in court.5.The bailiff was in charge of issuing a summons on the plaintiff.6.The court served a summons on him.7.The summons was withdrawn.8.The witnesses were subpoenaed to attend the trial.9.The writ was indorsed with details of the plaintiff's claim.10.They were accused of demanding payment with threats.Part 5 Judge1.A good judge can extend the boundary of justice.2.A judge cannot be witness in his own cause.3.A judge cannot punish a wrong done to himself.4.A judge incurs no civil liability for judicial acts,even if guilty of fraud and corruption.5.An upright judge has more regard to justice than to me.6.If the judge departs from the sentencing guideline rangehe must have a lawful reason for such a departure.7.Judges shall handle cases impartially and in accordance with the law.8.Most disputes that arise in any society are not handled through the court system.9.No one can be at once suitor and judge.10.No one can be judge in his own case.11.Sentencing is at the discretion of the judge.12.The chaiman of the tribunal asked to see all the facts on the income tax claim.13.The judge was appointed to sit in a special case.14.The magistrates committed her for trial at the Crown Court.15.The judge accepted the defendant's undertaking not to harass the plaintiff.16.The judge decided in favor of plaintiff.17.The judge disallowed the defense evidence.18.The judge exceeded his powers in criticizing the court of appeal.19.The judge found that the plaintiff's pleadings disclosed no cause of action.20.The judge heard the case in chamber.21.The judge must not hear the evidenceor the representations from one side behind the back of the other.22.The judge ordered the actions to be consolidated.23.The judge refused the application,on the ground that he had a judicial descretion to examine inadmissible evidene.24.The judge revised his earlier decisionnot to consider a submission from defense counsel.25.The judge warned counsel not to prompt the witness.26.The judge was of the opinion that if the evidence was doubtfulthe claim should be dismissed.27.The justices were ordered to rehear the information.28.The Lord Justice said he was not laying down guideline for sentencing.29.The judge consented to the request of the prosecution counsel.30.The practice of the judge is the interpreter of law.保险他是保险单持有人.保险责任起止期限是多长?保险公司为船舶和船货承保了海损险.罗德曼先生是世界上投保最多的人,为自己投了4,000.000 美元的人寿险.有一种保险单是记名保险单.保险合同双方当事人都应该尽到最大的善意并且想到披露所有的相关事实.保险范围写在基本保险单和各种险别条款里.你们准备投保那些险别?你们的保险条款规定了那些险种?水渍险费用由谁负担?不动产一个人可能会声称他是通过继承或从其他人处购买而拥有土地的。

第1篇Characters:1. John Doe (attorney for XYZ Co.)2. Jane Smith (attorney for ABC Inc.)3. Judge Johnson---John Doe: Good morning, Your Honor. My name is John Doe, and I represent XYZ Co. in this case of copyright infringement. We believe that ABC Inc. has willfully and intentionally infringed upon XYZ Co.'s copyright in their latest product, the SmartGadget.Jane Smith: Good morning, Your Honor. I am Jane Smith, representing ABC Inc. We respectfully disagree with the allegations of copyright infringement. We believe that our product, the SmartGadget, is not substantially similar to XYZ Co.'s product and does not infringe upon their copyright.Judge Johnson: Thank you both for your presence here today. Let's begin with the facts of the case. Mr. Doe, please summarize the allegations against ABC Inc.John Doe: Absolutely, Your Honor. XYZ Co. is the owner of a copyrightfor the SmartGadget, which was created and developed by our engineers. The SmartGadget is a portable electronic device that provides users with various features, including GPS navigation, mobile payments, and health monitoring. In June 2020, XYZ Co. released the SmartGadget to the public, and it has since gained significant popularity and commercial success.ABC Inc., on the other hand, released a product called the SmartDevicein August 2020, which we believe is substantially similar to the SmartGadget. The SmartDevice offers many of the same features as the SmartGadget, including GPS navigation, mobile payments, and health monitoring. However, ABC Inc. did not obtain a license to use the copyrighted elements of the SmartGadget.Jane Smith: Your Honor, we respectfully disagree with the assertion that the SmartDevice is substantially similar to the SmartGadget. While both products share some features, the overall design, functionality, and user interface of the SmartDevice are distinct and unique. We have conducted a thorough investigation, and we can provide evidence to support our position.Judge Johnson: I appreciate your input, Ms. Smith. Mr. Doe, how does XYZ Co. establish that the SmartDevice infringes upon their copyright?John Doe: Your Honor, we have presented evidence that demonstrates the substantial similarity between the SmartGadget and the SmartDevice. This evidence includes a side-by-side comparison of the two products, which shows that they share a strikingly similar design, functionality, and user interface. Additionally, we have gathered testimonies from experts in the field who confirm that the SmartDevice is a direct copy of the SmartGadget.Jane Smith: Your Honor, while we understand the concerns of XYZ Co., we believe that the similarity between the two products is merely coincidental. Our company has always been committed to innovation and creating unique products. We have also conducted a thoroughinvestigation and have evidence to show that our engineers developed the SmartDevice independently, without any knowledge of the SmartGadget.Judge Johnson: Thank you, both counsel. Let's delve deeper into the similarities between the two products. Mr. Doe, please provide adetailed comparison of the SmartGadget and the SmartDevice.John Doe: Of course, Your Honor. We have identified several key similarities between the SmartGadget and the SmartDevice:1. Design: Both products have a sleek, modern design with a similar color scheme and button placement. The overall look and feel of the SmartDevice is almost identical to the SmartGadget.2. Functionality: Both devices offer GPS navigation, mobile payments, and health monitoring features. The layout and user interface for these features are nearly identical in both products.3. User Interface: The SmartDevice's user interface is almost a direct copy of the SmartGadget's user interface. The icons, menu options, and navigation paths are all very similar.4. Branding: The SmartDevice bears a striking resemblance to the SmartGadget's branding, including the logo, typography, and color scheme.Jane Smith: Your Honor, while we acknowledge some similarities, we believe that these are not enough to establish copyright infringement. We have evidence to show that our engineers developed the SmartDevice independently, without any knowledge of the SmartGadget. Furthermore, we have presented expert testimonies to support our position.Judge Johnson: I appreciate your arguments, Ms. Smith. However, the substantial similarity between the two products is a matter of concern. In order to determine whether copyright infringement has occurred, we must consider the following factors:1. Originality: Does the SmartGadget have originality?2. Access: Did ABC Inc. have access to the SmartGadget's copyrighted elements?3. Substantial Similarity: Is the SmartDevice substantially similar to the SmartGadget?4. Intent: Did ABC Inc. intend to infringe upon XYZ Co.'s copyright?John Doe: Your Honor, based on the evidence we have presented, we believe that the SmartGadget meets the criteria for originality. It is a unique product with distinct features and design elements. Additionally, ABC Inc. had access to the SmartGadget's copyrighted elements as it was publicly available when the SmartDevice was developed. The substantial similarity between the two products is evident from our comparison, and we believe that ABC Inc. intended to infringe upon our client's copyright.Jane Smith: Your Honor, we respectfully disagree with the claim of intent. We have evidence to show that our engineers developed the SmartDevice independently, without any knowledge of the SmartGadget.Furthermore, we have presented expert testimonies to support our position.Judge Johnson: After carefully considering the arguments and evidence presented by both parties, I find that XYZ Co. has established a prima facie case of copyright infringement against ABC Inc. While I acknowledge that some similarities exist between the SmartGadget and the SmartDevice, I believe that the substantial similarity between the two products is enough to support a finding of infringement.Therefore, I order ABC Inc. to cease and desist from manufacturing, distributing, or selling the SmartDevice. Additionally, XYZ Co. is entitled to damages for the infringement, which will be determined at a later hearing.John Doe: Thank you, Your Honor. We appreciate your decision.Jane Smith: We respectfully disagree with the decision, but we will comply with the court's orders.Judge Johnson: This concludes the hearing. Good day to both of you.---The above dialogue provides a simplified representation of a legal English copyright infringement case. In reality, the process would involve more detailed evidence, expert testimonies, and legal arguments.第2篇Court: United States District Court for the Southern District of New YorkDate: March 15, 2023Attorneys:- For the Plaintiff (Smith): Robert Thompson, Esq.- For the Defendant (Johnson): Emily Davis, Esq.---Judge: Thank you, Counsel. Let's proceed with the opening statements.Robert Thompson (Plaintiff's Attorney): Good morning, Your Honor. My client, Mr. Smith, is here today to seek redress for copyright infringement. On May 1, 2022, Mr. Johnson released a novel titled "Echoes of Time," which Mr. Smith believes infringes upon his own copyrighted work, "Chronicles of the Future," which was published in 2019.Emily Davis (Defendant's Attorney): Good morning, Your Honor. We respectfully disagree with the plaintiff's claim. "Echoes of Time" is an original work with no substantial similarity to "Chronicles of the Future." The alleged infringement is merely a coincidence, and the defendant did not copy any part of the plaintiff's work.Judge: Thank you, Counsel. Let's move on to the pre-trial motions. Have either party filed any motions that the court should consider?Robert Thompson: Yes, Your Honor. We have filed a motion for summary judgment, arguing that there is no genuine issue of material fact and that the defendant's work is a verbatim copy of our client's copyrighted material.Emily Davis: We have also filed a motion for summary judgment, arguing that the plaintiff's work is not copyrightable due to lack of originality, and that even if it were, there is no substantialsimilarity between the two works.Judge: Thank you, Counsel. The court will consider both motions and rule on them before the trial. Now, let's move on to the discovery phase. Have either party identified any relevant documents or witnesses?Robert Thompson: Yes, Your Honor. We have identified several witnesses, including the plaintiff himself, who can testify about the similarities between the two works. Additionally, we have discovered several internal documents from the defendant's publisher that suggest he was aware of our client's work prior to publication.Emily Davis: We have also identified relevant documents, including the defendant's own notes and research materials. However, we dispute the relevance of these documents and argue that they do not support the plaintiff's claim.Judge: The court will review the relevance and admissibility of these documents. Moving on to the trial, Counsel, please present your opening statements.Robert Thompson: Thank you, Your Honor. As I mentioned earlier, Mr. Smith's novel, "Chronicles of the Future," is a copyrighted work that tells the story of a futuristic civilization and its struggles with time travel. The novel is filled with unique characters, complex plotlines, and original ideas.Emily Davis: That is true, Your Honor. However, "Echoes of Time" is a standalone novel that explores a different genre entirely. It is a science fiction thriller about a group of scientists who discover a way to manipulate time and use it to their advantage. The works are fundamentally different in their themes and execution.Robert Thompson: Yet, the similarities are striking. The protagonist of "Echoes of Time," Dr. Michael Carter, shares a striking resemblance to Mr. Smith's protagonist, Dr. Ethan Winters. The premise of time manipulation is central to both novels, and the characters' personal struggles and motivations are eerily similar.Emily Davis: That is a matter of opinion, Mr. Thompson. The characters are developed independently, and the premise of time manipulation is a common theme in science fiction literature. The defendant's work is not a verbatim copy of "Chronicles of the Future."Robert Thompson: But the evidence shows otherwise. Our expert witness, Dr. Helen Taylor, a professor of literature, has compared the two works and concluded that they share a substantial amount of protectable expression. She has identified numerous direct and indirect quotations from "Chronicles of the Future" that appear in "Echoes of Time."Emily Davis: Dr. Taylor's conclusions are flawed. She has failed to consider the transformative nature of the defendant's work. "Echoes of Time" builds upon the plaintiff's novel but adds new elements and perspectives. It is not a derivative work, as the plaintiff claims.Robert Thompson: The defendant's claim of originality is a red herring. The similarities in plot, character, and setting are too great to be mere coincidence. The defendant must have had access to "Chronicles of the Future" and copied its protected elements.Emily Davis: Access is not a requirement for copyright infringement. Moreover, the plaintiff's work is not original. The concept of timetravel is not protected by copyright, and the plaintiff has not demonstrated that his work contains any original elements.Robert Thompson: We have. The unique narrative structure of "Chronicles of the Future," the depth of the characters' development, and the originality of the thematic elements are all protected by copyright law.Emily Davis: The court must consider the totality of the circumstances. The defendant's work, while inspired by the plaintiff's novel, is a new and distinct creation. The similarities are superficial and do not rise to the level of copyright infringement.---Judge: Thank you, Counsel. The court has heard your arguments. The trial will proceed with the presentation of evidence and witness testimony. Both parties are reminded to adhere to the rules of evidence and tofocus on the relevant issues in this case.---[The trial continues with the presentation of evidence, expert testimony, and witness statements. After several days of testimony, the court will issue a decision.]Judge: After careful consideration of the evidence and arguments presented, the court finds that there is substantial similarity between the plaintiff's copyrighted work, "Chronicles of the Future," and thedefendant's novel, "Echoes of Time." The defendant's work is not transformative and does not provide a new interpretation of theplaintiff's original ideas. Therefore, the court holds that the defendant's work constitutes copyright infringement.Emily Davis (Defendant's Attorney): We respectfully disagree with the court's decision and will file an appeal.Robert Thompson (Plaintiff's Attorney): We are satisfied with thecourt's decision and will seek appropriate remedies, including damages and an injunction to prevent further infringement.Judge: The court will issue its final judgment within the next few weeks. Thank you, Counsel, for your attention to this matter.---End of Case Dialogue第3篇Court: Superior Court of New York, County of ManhattanDate: January 15, 2023Jurisdiction: New YorkPlaintiff: John Smith, Esq. (on behalf of himself and as an agent forthe copyright holders)Defendant: Jane JohnsonCounsel for Plaintiff: Robert Brown, Esq.Counsel for Defendant: Lisa White, Esq.---The Honorable Judge John Doe:The Court: Good morning, Counsel. Please call the case to order.Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Thank you, Your Honor. May it please the Court, I call this case Smith v. Johnson. My client, John Smith, is the plaintiff and represents himself as an agent for the copyright holders. We are here today to bring forth a claim of copyright infringement against the defendant, Jane Johnson.Lisa White, Esq. (Defendant's Counsel):Ms. White: Yes, Your Honor. I represent Jane Johnson, the defendant. I acknowledge the plaintiff's claim of copyright infringement and look forward to presenting our defense.The Honorable Judge John Doe:The Court: Thank you, Counsel. Mr. Brown, please proceed with your opening statement.Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Thank you, Your Honor. In this case, the plaintiff, John Smith, is a renowned author of historical fiction. He has written a novel titled "The Legacy of Time," which was published in 2018. The novel is protected by United States copyright law.The Honorable Judge John Doe:The Court: And how does the defendant come into this case?Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Your Honor, the defendant, Jane Johnson, is a self-published author. In 2020, she released her novel, "Echoes of the Past," which is substantially similar to Mr. Smith's work, "The Legacy of Time." This similarity is not due to any legitimate research or independent creation on her part.The Honorable Judge John Doe:The Court: Is there evidence of direct copying or similarity between the two works?Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Yes, Your Honor. We have presented several exhibits to the Court that show the similarity between the plot, characters, and significant portions of the text from both novels. Our expert witness, Dr. Emily Green, a literary scholar, has also analyzed the works and confirmed the substantial similarity.Lisa White, Esq. (Defendant's Counsel):Ms. White: Your Honor, I object to the introduction of this expert testimony. The plaintiff has not provided sufficient foundation for Dr. Green's qualifications as an expert in literary analysis. Additionally, the methodology she used is flawed and subjective.The Honorable Judge John Doe:The Court: Sustained. Counsel, we will allow the expert testimony, but it will be subject to rigorous cross-examination. Please proceed with your opening statement, Mr. Brown.Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Thank you, Your Honor. Dr. Green's analysis is based on the literary analysis of the works and the principles of copyright law. She has compared various elements of the two novels, including the plot, character development, and thematic elements.The Honorable Judge John Doe:The Court: What is the nature of the infringement, Mr. Brown?Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: The infringement is clear, Your Honor. The defendant's novel, "Echoes of the Past," has been copied from my client's work, "The Legacy of Time," without permission. This constitutes a violation of the plaintiff's exclusive rights under the Copyright Act of 1976.Lisa White, Esq. (Defendant's Counsel):Ms. White: Your Honor, my client did not copy the work. She claims that her novel was inspired by the themes of time travel and historicalevents, which are not original to the plaintiff's work. Furthermore, the defendant's novel contains significant differences in style andnarrative structure.The Honorable Judge John Doe:The Court: And how does the defendant respond to the claim ofsubstantial similarity?Lisa White, Esq. (Defendant's Counsel):Ms. White: We argue that the themes of time travel and historical events are common in the genre of historical fiction and cannot be protected by copyright. Additionally, our expert, Dr. Michael Thompson, a literary critic, will testify that the defendant's novel is not substantially similar to the plaintiff's work.The Honorable Judge John Doe:The Court: Thank you, Counsel. We will hear from Dr. Thompson next. Mr. Brown, do you wish to call your expert witness, Dr. Green, to the stand?Robert Brown, Esq. (Plaintiff's Counsel):Mr. Brown: Yes, Your Honor. We will call Dr. Emily Green to the stand.---Dr. Emily Green (Expert Witness for the Plaintiff):Dr. Green: Thank you, Counsel. I am Dr. Emily Green, a professor of English literature with a focus on copyright law and literary analysis.I have reviewed the works of the plaintiff and the defendant and can confirm that there is a substantial similarity between the two novels.Lisa White, Esq. (Defendant's Counsel):Ms. White: Dr. Green, are you qualified to offer an opinion on the issue of substantial similarity?Dr. Green: Yes, I am qualified. I have extensive experience in analyzing literary works for copyright purposes.Lisa White, Esq. (Defendant's Counsel):Ms. White: Dr. Green, how do you define "substantial similarity"?Dr. Green: Substantial similarity refers to the extent to which two works share common elements, such as plot, characters, dialogue, and setting. If a substantial number of these elements are similar, the works are substantially similar.Lisa White, Esq. (Defendant's Counsel):Ms. White: Dr. Green, how did you arrive at your conclusion that the works are substantially similar?Dr. Green: I compared the two novels in detail, looking at various elements. For example, the main characters in both novels are time travelers who are involved in historical events. The narrative structure and some of the dialogue are also similar.Lisa White, Esq. (Defendant's Counsel):Ms. White: Dr. Green, are you aware that the themes of time travel and historical events are common in the genre of historical fiction?Dr. Green: Yes, I am aware of that. However, the specific way in which these themes are presented in the plaintiff's novel is original and unique. The defendant's novel shares many of these elements, indicating that there was copying.---The hearing continues with the examination of other witnesses, the presentation of additional evidence, and the cross-examination of both experts. The case is set for trial, and the Court will make a decision based on the evidence presented.。

最牛英语口语培训模式：躺在家里练口语，全程外教一对一，三个月畅谈无阻！洛基英语，免费体验全部在线一对一课程：/（报名网址）经典法律英语对话（七）法律英语已经新鲜出炉了，请各位小伙伴持续关注哦！从今天开始为大家带来几组经典的法律英语对话，还是跟小编整理的其他资料一样，简单实用，乃法务人士所必备。

还等什么，快去大饱眼福吧！1、为什么不信奉上帝呢A Do you believe in god?你相信上帝吗？B Not at all. I’m an agnostic. do you?不相信。

我是一个无神论者。

你呢？A I’m not sure. Why don’t you believe there is a god?我不确定。

为什么你不相信上帝呢？B I think everything has a scientific explanation rather than a theological one.我认为所有的东西都有一个科学的解释，而不是一个神学解释。

A I basically believe in science over theology. I mean, I believe in evolution for example. However, there are many things that science hasn’t explained yet.我更相信科学，而不是神学。

我是说，比如我相信进化论。

但是，还有很多事情是科学无法洛基英语是中国英语培训市场上的一朵奇葩，是全球已被验证的东方人英语学习的最佳模式。

洛基英解释的。

B I’m sure that science will explain everything eventually. I think that the strangest thing about religion is that so many religions people act in ways that their religion claims are wrong.事实上我确信科学最终会解释所有的事情。

1. What are the main difference between civil law system and common law system?There are many differences between civil law system and common law system.First, their original places are different; the civil law system originated in ancient Rome, and the common law system originated in England.Second, the main traditional source of the common law is cases, while the main traditional source of the civil law is legislation.Third, the civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.Another important difference between them is classification, the civil law is separated into public law and private law, the common law is separated into common law and equity.2. Can you explain the difference between the binding precedent and persuasive precedent?Binding precedent is precedent that a court must follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, but as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only.3 . What might happen if a court follows the precedent mechanically?A court following the precedent mechanically will at times perpetuate legal rules and concepts that are outlived their usefulness. 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.4 . Explain the difference between stare decisis and res judicata?The stare decisis is that the final decision, as a precedent or a potential precedent for future case, has its impact on the legal norm of the conduct. And the courts have never regarded as absolutely binding and can overrule even clear precedents when consideration of public policy requires a change in the case law.The res judicata is an authoritative settlement of a particular controversy then before the court, it is addresses a decision’s impact in the individual case .and it have the absolutely binding even when the precedents changes, the particular case will not be reversed. The doctrine of res judicata bars a person from ever suing on the same claim again.5. What’s the function of court of last resort? Why are appeals to court of last resort limited?The function of court of last resort is to review the action of the lower judicial tribunals of the state. The scope of judicial review is relatively narrow. It only reviews the record of the proceedings to determine whether or not the lower court committed error on its procedure or in applying the substantive law to the facts of the case.Appeals to court of last resort are limited. It’s because court of last resort has to give its full attention to novel and socially important controversies. The “screening ort” function refers to make the intermediate appellate court the final tribunal for most cases.6. Can you explain diversity of citizenship? What court have jurisdiction over “diversity of citizenship”? Diversity of citizenship means suits between citizens of different states of the United States.Both federal and sta te courts have the jurisdiction over “diversity of citizenship”. If a plaintiff files the case in a state court of his own district, the defendant can remove it to a federal court of the same district. But if the plaintiff files it in the court of the defe ndant’s district, the defendant can’t remove it.7. How can you get appeals reviewed by the Supreme Court?You must first persuade the Supreme Court that the issues presented by your case are important enough, as issues of general federal law, to justify Supreme Court consideration. A disappointed litigant cannot secure Supreme Court review merely by contending, however persuasively, that the decision handed down against her was wrong. Always reviews by the Supreme Court can be secured only by a “petition for a writ of certiorari”, which the supreme court, in the exercise of the broad discretion conferred upon it by acts of congress, may grant or deny.8. What kind of case can be reviewed by the Supreme Court?The Supreme Court also considers cases on appeal from (or rejected for appeal by) State supreme courts, provided the case is of national importance and involves constitutional or federal law. The justices do not rule on state constitutional issues or state and municipal statutes.The Supreme Court decides to hear a case on three major factors: whether the case was an appeal by the federal court and is in conflict with the decisions of other circuits; the general importance of the case; and whether the lower court's decisions may be wrong in light of the Supreme Court's opinions.9.What does judicial review means? Why it’s very important constitutional principle in us?P47Judicial review is established by Supreme Court in the case of Marbury v. Madison. The power of the court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine of judicial review also embrace the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court.Because a series of Court decisions has affected a change in the way many constitutional clauses are interpreted, without amendment to the actual text of the Constitution. The court system ultimately decides whether or not they are allowable under the Constitution.10.What does checks and balances mean? How do you comment on this principle?P40Checks and balances is an intricate set to checks and balances the Constitution builds into the system of government. By preventing any one of the three branches from acquiring dominance over the others, these structural and procedural safeguards have preserved a fundamental, albeit not always neat, separation of powers.Comments: Although developed over two centuries ago, checks and balances continue to perform this essential function despite the dramatic societal, technological, economic, and political changes in the United States over the past two centuries. The Framers made the conscious decision of choosing constitutional generality over the overly specific civil codes of the European nations. By so doing, they wisely built in a flexibility to accommodate change to that a living instrument of government could be passed down to succeeding generations.11. How do you distinguish between substantive laws from procedural law?Substantive law defines and regulates people's rights, duties, powers and liabilites; the actual rules and principles administered by the court including legislations and common law principles.Procedural laws are body of rules prescribing the manner, form, and order in which matters are dealt with and enforced. Procedure describes the process in which the case should proceed.Substantive law informs society as to what behavior is acceptable or unacceptable, whereas procedural laws direct the state as to the proper methods for apprehension and adjudication.12. Explain the element establishing criminal liabilityThese elements include mens rea,actus reus and causation.Mens rea, the 'fault element' of a crime, attempts to ensure that only those who are morally culpable will be punished by the criminal courts.The actus reus element relates to the “doing” part of the crime. If a person does not have a legal duty to act and in fact does not act, then the person cannot be held legally accountable for the unlawful acts of others. Causation is considered to be the logical coming together of the mens rea and actus reus,resulting in a criminal wrong.13. What kind of legal rights that police must advice the suspect of before any interrogation in us? What’s the signif icant of the case of Miranda Arizona?(1) The interrogator must advise the suspect that:A. he has a right to retain silent; B. anything he says may be used against him; C. he has a right to a lawyer; D. if he cannot afford a lawyer one will be provided free. It became known as the doctrine of Miranda Warnings later.(2)Through the case of Miranda v. Arizona, which became a binding precedent, the Miranda Warnings were established. Then 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 paticular substantive law must be violated before the state will begin its investigation.14. Do you agree it’s better to free guilty persons than to convict innocent onesYes, I do agree. There are three reasons.First, an individual’s rights including life, liberty, and property and so on deserve to be protected seriously by government and not to be deprived unlawfully. This is a legal duty of our government.Second, in this way , fairness and justice will be further realized, a citizen may not worry about his/her actions being disturbed in a wantonly(恣意的) manner.Third, this is in line with the principle of persumption of innocence. That is nobady can be finded guilty before the valid adjudication.15.What the function of voir dire? What do challenge for cause and peremptory challenge means? Can you distinguish?Answer:Ⅰ.The function of voir dire is to select a jury. (A random cross-selection of persons in the community in which the trial is to occur is summoned to the courtroom. The prospective jurors take the stand and are presented a variety of questions by the prosecution and defense in an attempt to select a jury acceptable to both sides.)Answer:Ⅱ.The challenge for cause allows for the exclusion of a juror only if the excluding party demonstrates that the individual cannot be impartial or cannot otherwise handle the responsibility of making a rational decision.The peremptory challenge allows either side to have prospective jurors excused without having to specify a particular reason.Answer:Ⅲ.They are both the methods to exclude the jurors, and I can distinguish them. Firstly, as I have mentioned earlier, the definitions of them are different. Secondly, the types of peremptory challenge are typically limited to six in no serious cases and twelve in felony or capital cases. However, there are no limits to the number of challenge for cause that either side may employ.16.What do you think of Anglo-American jury system? What are advantage and disadvantage of it? Answer:Ⅰ.In the Anglo-American law system, there is a jury trial in the trail courts. In the jury system, the jury generally decides questions of fact. For example, the defendant is guilty or not guilty, whether a party was negligent. while a single judge decides questions of law.Answer: Ⅱ. The advantages and disadvantages of the jury system are a matter of perspective because what is an advantage to one side is a disadvantage to the other. The advantages of the jury system are that it is a mechanism for forcing parties to hear what an unbiased jury really thinks of their case. The jury is supposed to be the protector of the individual’s rights. Presumably the jurors are to understand the actions of the accused and judge whether the actions were prudent and acceptable to common values of equals in the same society. If the actions were beyond acceptable response to the circumstance then the accused in guilty and should be punished so that future actions are discouraged and societal standards are maintained.However, there are same disadvantages to the jury system. The jury system exposes one party to an earlier "dry run" of the points of the other side. Many disputants may not wish to prejudice their cases in this manner. Also, some jurors can be nullify or disregard the state’s action against an accused based on their distaste of the state . By the time the jury trial takes place, the parties have engaged in much discovery have already incurred many costs.17.What does charge to jury mean? What does judge do during charge to jury? What do either side do during this?“Charge to the jury” means that the judge gives her instructions to the jury as to the applicable law of the case . In actual practice , few instructions are ever drawn up by the trial judge as a matter of her own literary innitiative . what usually happens is that each side draws up instuctions and submite them to the judge . the judge then looks at the draft instructions submitted by both sides snd decides which ones to give to the jury (she will probably revise the words).Either side in the ligislation may:(i)except, i.e., record objections, to any instruction or part thereof , which he believes is an erroneousstatement of the law; or(ii)Except to the refusal of the judge to give his instruction.18. What’s the difference between a tort and offense? Are there any overlapping causes?AnswerⅠ:(1) The purpose of tort is to compensate an injured party through the award of damages for injuries incurred during a tortious act. An offense is an act or omission prohibited by law that may be prosecuted by the state.(2)The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole(3) The second distinction involves the persons who actually prosecute the case. In tort actions the individual against whom the wrong has been committed generally hires an attorney to process the claim. However, a specially designated state prosecutor or federal official directs the proceedings when crimes are involved. (4) Tort restitution relies primarily on monetary compensation, although one who commits a crime may be required to provide some forms of monetary restitution to society or to the victim, additional punishments are also readily available. These include fines, probation, jail sentences, removal from public office, and even execution. Excepting fines these latter remedies are not available in tort law.AnswerⅡ: Some acts or omissions may be both criminal offenses and tortious ones. As a general rule, any time an individual has been intentionally and physically harmed by another, the state may prosecute and punish, and the injured individual may also sue to recover civil damages.19.What elements must be proven for the court to impose liability for negligence?For the court to impose liability for negligence , the fallowing elements , which we will discuss separately , must be proven:(1) that the defendant had a duty of care;(2) that there was a breach of that duty by negligent conduct;(3) that the act or omission caused injury ; and(4) that the act or omission is not subject to the defenses of assumption of the risk or contributory negligence . Although the elements are isolated for discussion , they are interrelated to the extent that it is almost misleading to speak of them separately .20. Compare the difference between doctrine of contributory negligence and comparative negligence? Contributory negligence and comparative negligence are two affirmative defenses that tort law has traditionally afforded.The contributory bars plaintiff from recovery if his or her own acts or omissions construct to the jury. It has the nature of “all-all-nothing”, which led many to question whether such a defense was actually fair. As a result of such discussion, contributory negligence was deleted as defense from the vast majority of statutes and replaced with comparative negligence.Comparative negligence does not automatically preclude the plaintiff’s recovery if the plaintiff is guilty of some degree of negligence .We compare the percentage of the negligence of the plaintiff and the defendant and reduce the plaintiff’s damages by the percentage of fault.21.Please explain the tort of stick liability? Name some example?Strict liability is liability without fault-it is based on the policy of law that under certain circumstances, a plaintiff may be allowed recovery even though there is no fault on the part of the defendant.Historically, strict liability covered situations in which activities-blasting, storing inherently dangerous substances, keeping wild animals-were abnormally dangerous ones .Sellers and manufacturers can be held responsible under strict liability when if the seller or manufacturer exercised all reasonable care in production and sale of the product and even if there is no privity of contract.Jn。

1. The National People’s Congress is the highest organ of state power. 全国人民代表大会是最高国家权力机关。

2. The judicial organs of China consist of people’s courts，people’s procurator and the public security departments. 我国的司法机关由人民法院人民检查院和公安部门组成。

3. In the application of the law all citizens are deemed as equals. 一切公民在适用法律上一律平等。

4. The criminal law is one of the basic laws of our country. 刑法是我国基本法之一。

5. Criminal responsibility shall be borne for intentional crimes. 故意犯罪应当负刑事责任6. In China，the principal penalties are public surveillance，detention，fixed-time imprisonment，life imprisonment and death. 我国的主要刑罚是管制，拘役，有期徒刑，无期徒刑和死刑7. The court’s job is administering justice and upholding the law. 法院的任务是执行法律和维护法律。

8. The accused was declared innocent. 被告人被宣布为无罪。

9. The court acquitted him of a crime. 法院宣判他无罪。

10. The court pronounced the accused not guilty. 法院宣判被告无罪。

法律英语口语示例法律英语口语示例1.A judicial forum has nothing to do with what is not before it.法院不能主动寻找案件。

2.The court found the accused guilty on all charges.法庭裁决被告犯有所有被指控的罪行。

3.The court has made an order for specific performance.法院已经做出强制履行裁定。

4.The court ordered the company's funds to be seized.法院命令没收公司资金。

5.The court recorded an open verdict on the dead policeman.法庭对警察死因不明的裁决作了记录。

6.The court returned a verdict of death by misadventure.法院裁定为意外事故死亡。

7.She was acting on the arthority of the court.她按法院给她的权力做事。

8.Six weeks elapsed before the court order was put into effect.六周后法院命令才生效。

9.The court asked for details of the background to the case.法院要求了解案件详细的背景情况。

10.The court asked the accused to show good cause why the should not be sent to prison.法院让被告拿出他不应该被监禁的充足的理由。

11.The court dismissed the action.法院驳回诉松。

12.The court extended the defendant's time for serving his defense by fourteen days.法院把被告送交答辩状的时间延长了14天。