沙丽金版法律英语
1b-case law沙丽金版法律英语
Although the Supreme Court has
changed the law and overruled the decision reached in Case 1, Plaintiff A still cannot bring his suit again and prevail in his claim:
The Common Law Doctrine of Precedent
The Doctrine of Precedent
Also the Principle of Stare Decisis:
Past judicial decisions are formally and generally binding for the disposition of factually similar present controversies.
The Weight or Influence of a Precedent
It is greatly affected by whether it was a
„higher court‟ decision or a „lower court‟ decision:
A „higher court‟ decision will have greater weight as precedent than a „lower court‟ decision. The decisions of a trial court are not likely to have much force as precedent except in future cases in the same trial court.
沙丽金版法律英语ppt课件
3
Intentional Torts
4
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Tort Law
1
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
沙丽金法律英语专项文档
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
General
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
法律英语 沙丽金版 阅读文本问题答案
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery. 7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment. 5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legalsystems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is calleda justice of the supreme court of that state, while a man who holds anequivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of thefederal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization,or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitutionto the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources, 6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute ina country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it willbe recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand(d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or shepresumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff 5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in sucha manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liabilitydoctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do somefuture act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded bythe corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders.7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’making contract? What arethey?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms. 10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas”the product of the mind? And are the “ideas”protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects. 5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history. 6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
沙丽金版法律英语-2022年学习资料
Assault-With the tort of assault,a perceived-threat b the victim is paramount.-A defendant throws a rock a a-sleeping victim.-o He can only be guilty of the at empted-battery assault,since the victim would not-be ware of the possible harm.-10
Intentional Torts-4
General-o Definition-any intentional acts that are re sonably-foreseeable to cause harm to an-individual,an that do so-o Intent-Intent is most often proved thro gh-circumstantial evidence-the-defendant's conduct,in the context of-his or her surroundings and what he or she presumably knew and perceived.-5
Assault-o yelling the word snake to a person whom-you know is in fear of snakes-o Criminal assault and tort ous assault-In criminal law,an assault can result-fro an attempted battery.Since some-attempted batteries ight theoretically-occur when the victim is sleeping, unconscious,or unaware of the threat,-Байду номын сангаасriminal assaul can occur even when-no threat is perceived by the vi tim.-9
沙丽金版法律英语
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Subcategories
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal propereral
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
TortLaw
沙丽金版法律英语
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
沙丽金版法律英语详解
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
CrimiLeabharlann al assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
法律英语沙丽金版阅读文本问题答案
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legalsystems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is calleda justice of the supreme court of that state, while a man who holds anequivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of thefederal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization,or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitutionto the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten. 5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources, 6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change,such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute ina country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament. Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand(d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff 5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in sucha manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liabilitydoctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do somefuture act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded bythe corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What arethey?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms. 10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners orinvestors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history. 6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
法律英语沙丽金版阅读文本问题答案
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a mon system of law.6. Why did the people in England petition to the King and what would be the result? Because of the extremely rigid, frequently overly technical procedural requirements of the mon-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the mon law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor.piling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of mon law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the 20thcentury? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countries andthat in mon law countries?Civil law judges are usually trained and promoted separately from advocates, whereas mon law judges are usually selected from acplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argumentthan oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were mitted in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.? What arethey?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of the federaltrial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization, orpolitical entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitution to theorganizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources,6.What do the codified and uncodified constitutions respectively result from?Codified constitutionsare usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws andconventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute in acountry using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law in statesusing uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person is guilty?Beyond a reasonable doubt that the defendant mitted the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/her omissionconstitutes a failure to discharge that duty— the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their mon law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been mitted, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?plaint information, indictment7.Are there any differences between First Appearance and Preliminary Hearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyonda reasonable doubt (c) the right of the defendant not to take the stand (d) theexclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the munity, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some pensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the plaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law.10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to pensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due to confinement;and (d) Prevention of exit or no safe exit possible by plaintiff5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in such amanner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or parative negligence and assumption of the risk8.What is the difference between the two types of parative negligence?Pure parative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial parative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liability doctrine?Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do some futureact. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded by thecorporation?No.This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders.7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What are they?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in plex contracts be avoided?plex contracts often contain sections that clearly define certain terms.10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting panies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee 5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have a limited lifespan”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership of interests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in merce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected by intellectualproperty law?Yes, no3.What do the various kinds of intellectual property have in mon?Patents, copyrights, industrial designs, trademarks and confidential information 4.Why do the intellectual property rights have much in mon with the rights associatedwith real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history.6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights? Whatare they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
法律英语(沙丽金第二版)参考译文完整版Lesso
《法律英语》（沙丽金版）2011年第二版课文参考译文翻译整理人：新浪微博@我是空白白《法律英语》（沙丽金版）2011年第二版参考译文目录前言（必看） (2)Lesson 1 law（法律） (3)Lesson 2 Legal System（法律体系） (4)Lesson 3 Legal Education（法律教育） (6)Lesson 4 Court System（法院体系） (7)Lesson 5 Construction（宪法） (9)Lesson 6 Administrative Law（行政法） (10)Lesson 7 Criminal Law（刑法） (12)Lesson 8 Criminal Procedure（刑事诉讼程序） (13)Lesson 9 Civil Procedure（民事诉讼程序） (15)Lesson 10 Torts（侵权行为） (16)Lesson 11 Contract（合同） (18)Lesson 12 Property Law（物权法） (19)Lesson 13 Law of Corporation（公司法） (20)Lesson 14 Intellectual Property（知识产权） (22)Lesson 15 International Law（国际法） (23)Lesson 16 Evidence（证据） (24)后记 (26)前言（必看）1、此翻译并非权威翻译，而是技术含量不高的译文。
其中肯定有很多不恰当甚至错误的地方，所以仅供参考，欢迎各位同学指正。
（新浪微博@我是空白白）2、制作本译文动力源于兴趣，目的在于互相交流学习。
3、如果你只是想以此译文来应付老师上课的抽问，那么你大可不必下载或复制此文档，因为这样你对不起你自己。
4、本译文=老师的长难句注解（即划线部分。
我无意间在网上找到了部分老师传到网上的注解文档。
O(∩_∩)O ）+1位往届同学的翻译+1位同届同学的翻译+课堂笔记+本人拙译（虽然本人英语不怎么好，但我会尽最大努力与大家分享所学到的知识）。
法律英语沙丽金版阅读文本问题答案
法律英语沙丽金版阅读文本问题答案集团档案编码：[YTTR-YTPT28-YTNTL98-UYTYNN08]L a w1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conductis proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system?Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, somepersons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and RomanLaw?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or locallaws?Local customs4.Why was the concept of codification developed in the 17th and 18thcenturies?As an expression of both Natural Law and the ideas of theEnlightenment.5.What did the opponents of codification think about codification oflaw?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations arepromulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctionsbefore the 20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civillaw countries and that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected fromaccomplished and reputable advocates.10.What are the differences in the criminal procedures of the twomajor legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil lawcountries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the UnitedStates?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of thestate judicial hierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges?Please give examples.No. For examples, a man who sits on the highest court of NewJersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is calleda judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearingappeals. They review the proceedings of trial courts upon thebasis of written records. They hear oral arguments and readwritten arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system inthe U.S.? What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides thenumber of the federal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10. Does the Supreme Court of the U.S. review all the casesappealed? Dose the Supreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which anorganization, or political entity, is governed. In the case ofcountries, this term refers specifically to a nationalconstitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by theconstitution to the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in theconstitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and thejudiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in asingle document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym foruncodified constitution?Because all modern democratic constitutions consist of somewritten sources,6.What do the codified and uncodified constitutions respectivelyresult from?Codified constitutions are usually the product of dramaticpolitical change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions overcenturies.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutionalamendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and astatute in a country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by theParliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs andtraditions.10.Are there any differences between the constitutional law andstatutory law in states using uncodified constitutions?No. Both can be altered or repealed by a simple majority inParliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety,security or morality. Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention andpunishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminallaw.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that aperson is guilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has beenimposed for an omission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, andhis/her omission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which thesubstantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) theFederal Rules of Criminal Procedure (d) local district court rules(e) rulings of federal courts based on their common law decisionalauthority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internalregulations of the Department of Justice and other agenciesinvolved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have beencommitted, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense forwhich he was arrested are noted in the police “log”, thearrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felonycases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify atrial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence issufficient, they will issue the indictment requested by theprosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand (d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and theinstrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or anindividual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than thetrial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. Andthere are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer beforefiling a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by whichdisputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolvingdisagreements. It establishes the method by which someone would vindicate a right given to her by the law.10. What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b)actual confinement(c) Awareness of plaintiff of the confinement or injury toplaintiff due to confinement; and (d) Prevention of exit or no safe exit possible by plaintiff5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conductthemselves in such a manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk 8.What is the difference between the two types of comparativenegligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10. Can a plaintiff get recovery if the defendant has no faultunder strict liability doctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateralcontracts?A bilateral contract is one in which the parties exchange promisesto do some future act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidablecontract?A void contract is a nullity from its beginning, and damages donot result. A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so. 4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3)Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contractconcluded by the corporation?No. This device allows corporations to sue and be sued and toconduct business transactions as entities without involvingindividual shareholders.7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentallyincapable of understanding the ramifications 后果of the contract 8.Are there any special provisions about minors’ making contract?What are they?Minors are under an obligation to return any considerationreceived under the contract9.How can misunderstandings about terms in complex contracts beavoided?Complex contracts often contain sections that clearly definecertain terms.10.How do you decide whether the two parties of a contract havethe mutual agreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for theindustrial development?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charteroriginally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who theowners or investors are at any time. If shareholders die, ordecide to sell out, the corporation continues to exist as aseparate entity.8.How do you understand the sentence “the corporation does not havea limited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continueindefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10. Who has the right to decide the transfer of shareholders’ownership of interests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas”protected by intellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks andconfidential information4.Why do the intellectual property rights have much in common withthe rights associated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the samehistory? Why?Each of the diverse intellectual property rights has its ownseparate history.6.What is the shaping of the intellectual property law closelyrelated to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectualproperty rights? What are they?Important economic assets rewards for mental laborA reward for individual creativity products of themarket8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunctiontogether with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
法律英语 沙丽金版 阅读文本问题答案资料
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the l egal system justly administers the laws is a measure of the enlightenment, humanity, and d egree of civilization of its peopl e.2.What’s law?Law consists of the whol e body of rul es applied and enforced und er the authority of established government in d etermining what conduct is proper and shoul d be permitted and that which should be d enied or penalized.3.Can you list the rol es of law in society?Without law, there woul d be anarchy. Law is the means through which society is abl e to exist by providing protection for the individual; by establishing and maintaining ord er, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and fl exibility in economic relations between peopl e; and by prohibiting conduct d estructive to society.4. How can law be best und erstood?Law is best und erstood by viewing the l egal system as a process——a means of pulling together society’s needs and goals and translating them into guid es for fairness and reasonabl eness in conduct.5. What are the events that promote the d evelopment of the English l egal system? Norman Conquest. William replaced the l ocal and highly varied systems of law with a common system of law.6. Why did the peopl e in England petition to the King and what woul d be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, peopl e were sometimes unabl e to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inad equate petitioned to the King directly.This practice gave rise to a second court system, call ed the Court of Chancery. 7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes d eveloped fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rul es?10. Who has the power to make the ordinances?The l egislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling cod es after the enthronement3.Which is the primary source of law in Europe, Roman Law or l ocal laws?Local customs4.Why was the concept of codification d evel oped in the 17th and 18th centuries?As an expression of both Natural Law and the id eas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification woul d result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting preced ent d erived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a l egislature, whil e regulations are promulgated by executive branch agencies pursuant to a d elegation of rul e-making authority from a legislature.8.Where shoul d peopl e go if they wanted to apply for injunctions before the 20thcentury? Why?Courts of equity. Only courts of equity have the authority to d o it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually sel ected from accomplished and reputabl e advocates.10.What are the differences in the criminal procedures of the two major l egalsystems?In general, the judge in a civil law system plays a more active rol e ind etermining the facts of the case. Most civil law countries investigate majorcrimes using a so-call ed inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and fed eral governments.2.Are there any uniform rul es for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminol ogy for courts and judges? Please giveexampl es.No. For exampl es, a man who sits on the highest court of New Jersey is call ed a justice of the supreme court of that state, whil e a man who holds an equivalent position in New York is call ed a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They d o no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, call ed briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three l evels of courts: trial, intermediate appellate and top appellate.7.Does each state have a fed eral trial court? What d ecid es the number of thefed eral trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by fed eral courts?Prosecutions for fed eral crimes civil claims based upon fed eral lawcivil claims between citizens of civil actions.9.Which authority has the power to create fed eral circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the d ecisions mad e by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rul es and principles by which an organization, orpolitical entity, is governed. In the case of countries, this term refers specifically to a national constitution, which d efines the fundamental political principles and establishes the power and duties of each government.2.What are the exampl es that show the limitation imposed by the constitution tothe organizations in the United States?An exampl e from the constitutional law of nation-states woul d be a provincial government in a fed eral state trying to l egislate in an area exclusively enumerated to the fed eral government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, l egislative and the judiciary, but also the relationship of institutions within those branches.4.How d o you d escribe an uncodified constitution?An uncodified constitution is one that is not contained in a singl e document, consisting of several different sources, which may be written or unwritten. 5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all mod ern d emocratic constitutions consist of some written sources, 6.What d o the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simpl e law.8.What happens if there are conflicts between the constitution and a statute in acountry using codified constitution?All or part of the statue can be d eclared ultra vires by a court and struck d own as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of preced ents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repeal ed by a simple majority in Parliament.Criminal Law1.Who d o ordinary peopl e think of crimes?Peopl e think of crimes as acts that threaten public safety, security or morality.Crime can be d efined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate d efinition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonabl e d oubt that the d efendant committed the actus reus of the crime, while at the same time having the required mens rea5.What d oes the actus reus includ e?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A d efendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no l onger pure.9.In what kind of cases is causation required?The d efendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) fed eral statutes (3) the Fed eral Rul es of Criminal Procedure (d) l ocal district court rul es (e) rulings of fed eral courts based on their common law d ecisional authority or their supervisory authority over the administration of criminal justice in the fed eral courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the fed eral process.3.What is a known offence?Where the police conclud e that a crime may well have been committed, it will be record ed as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually d one in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “l og”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be d one in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclud e that the prosecution’s evid ence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of d efendant’s innocence (b) the requirement of proof beyond a reasonabl e d oubt (c) the right of the d efendant not to take the stand(d) the exclusion of evidence obtained by the state in an ill egal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How d o people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and d emand some compensation or other remedies.2.Which way of settling disputes is acceptabl e in the society?Litigation3.Why is litigation a publicly fund ed dispute resolution?The taxpayers provid e the courtroom, the judge, and the instrumentalities bywhich the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum sel ection important?The d ecision implicates a variety of important d octrines. And there are questions of tactics and id eal for the d efendant.7.What should be d ecid ed by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provid es the mechanism—the process—by which disputes over such substantive claims are resolved. It provid es a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone woul d vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pl eadings, motions, discovery, possibl e pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whol e.3.How d o you prove the intent of a d efendant?Intent is most often proved through circumstantial evid ence: the d efendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possibl e by plaintiff 5.What needs to be proved in case of trespass?An act, coupl ed with the intent to cause entry by the d efendant, and an invasion of the plaintiff’s land6.What d oes standard of care mean?As a general rul e, all persons are und er a duty to conduct themselves in such a manner as not to create unreasonabl e risks of physical harm to others.7.How d o you make d efense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rul e, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the d efense of assumption of risk applied?The plaintiff’s own actions trigger this d efense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the d efendant has no fault und er strict liabilityd octrine? Why?Yes. Legal fault stems from a d eviation from a standard of conduct need ed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to d o somefuture act. A unilateral contract is one in which one party acts immediately inresponse to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidabl e contract?A void contract is a nullity from its beginning, and damages d o not result. Avoidabl e contract is one that is binding until it is disaffirmed or canceled by the party with the authority to d o so.4.What are the key el ements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consid eration5.How d oes a corporation enter into a contract?The law creates a l egal fiction that corporations are persons.6.Are the sharehol d ers of a corporation involved in the contract conclud ed bythe corporation?No. This d evice allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may d ecid e the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapabl e of und erstanding the ramifications 后果of the contract8.Are there any special provisions about minors’making contract? What arethey?Minors are und er an obligation to return any consid eration received und er the contract9.How can misund erstandings about terms in compl ex contracts be avoid ed?Compl ex contracts often contain sections that cl early d efine certain terms. 10.How d o you d ecid e whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an id eal instrument for the industriald evel opment?It coul d raise large amounts of capital from numerous investors and yetprovid e centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate d ocument with a state official, and paying the appropriate fee5.What can corporations d o as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person coul d.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liabl e for the d ebts and obligations of the business but the sharehol d ers are not, since in theory all d ebts are the artificial entity’s obligations, not the sharehol d ers.7.Why d oes a corporation have continuity of life?The existence of the corporation is not d epend ent on who the owners or investors are at any time. If sharehol d ers die, or d ecid e to sell out, the corporation continues to exist as a separate entity.8.How d o you und erstand the sentence “the corporation d oes not have a limitedlife span”?It d oes not really mean that all corporations will continue until the end of time but rather that a corporation will continue ind efinitely until the owners d ecid e to dissolve it or merge it into another business.9.What rights d o sharehold ers have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to d ecid e the transfer of sharehol d ers’ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights d efined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and d esigns used in commerce.Rights given to people over the creation of their minds2.Are “id eas”the product of the mind? And are the “id eas”protected byintellectual property law?Yes, no3.What d o the various kinds of intellectual property have in common?Patents, copyrights, industrial d esigns, trad emarks and confid ential information4.Why d o the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangibl e, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intell ectual property rights has its own separate history. 6.What is the shaping of the intellectual property law cl osely related to?Change economic and social conditions7.Are there any differences in the attitud es towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settl ed?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
沙丽金版法律英语PPT课件
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5Leabharlann GeneralTransferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
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General
against societal benefits
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Intentional Torts
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General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
法律英语 沙丽金版 阅读文本问题答案
Law's the relationship between civilization and law?The fairness of a nation's laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.'s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society's needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system?Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?．American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law? The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws? Local customsthth Why was the concept of codification developed in the 17 and 184. centuries?the w Natural and the ideas of As an expression of bothlaw?think codification about codification of 5.What did the opponents ofthe into codification would result claimed Its opponents that ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedentderived from centuries of judgments by working jurists.What is the difference between statutes and regulations?7.are regulations a enacted by legislature, while Statues arepromulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.before injunctions wanted they to apply for if people Where 8.should goth century? Why?the 20Courts of equity. Only courts of equity have the authority to do it.What is the difference between the selections of judges in civil law9.countries and that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the statejudicial hierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please give examples.No. For examples, a man who sits on the highest court of New Jerseyis called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. writtenof basis the upon courts trial of proceedings the review They records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgmentor a new trial.6.How many tiers of courts are there in the federal court system in the .? What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of the federal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal law civil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10. Does the Supreme Court of the . review all the cases appealed? Dose the Supreme Court of the . have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization, or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitution to the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution. 3.What are the relationships regulated by the . Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodified constitution?Because all modern democratic constitutions consist of some written sources,6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute in a country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: . constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observationof precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law in states using uncodified constitutions?．No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality. Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person is guilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for an omission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/her omission constitutes a failure to discharge that duty— the omission is no longer pure.9.In what kind of cases is causation required?The defendant's conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee's name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also willbe photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases? Complaint information, indictment7.Are there any differences between First Appearance and Preliminary Hearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution's evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant's innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to the state inevidence obtained by exclusion of (d) the take the standan illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society? Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial, 6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filinga suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a disagreements.resolving for mechanism content-neutral theoreticallyIt establishes the method by which someone would vindicate a right given to her by the law.10. What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereasa crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant's conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due to confinement; and (d) Prevention of exit or no safe exit possible by plaintiff5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff's land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in such a manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence? Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff's own actions trigger this defense, which is the plaintiff's knowing and voluntary consent to encountering a known danger.10. Can a plaintiff get recovery if the defendant has no fault under strict liability doctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do some future act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(3)acceptance and offer (2) parties; of capacity the (1)．Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded by the corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders.7.What may decide the capacity of a person to enter into a contract? The age of the individual or from a party's being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors' making contract? What are they?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms.10.How do you decide whether the two parties of a contract have the mutual agreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrial development?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislaturesWhich state is the winner in the race of attracting companies?3. Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligationsof the business but the shareholders are not, since in theory all debts are the artificial entity's obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the ownersor investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have a limited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10. Who has the right to decide the transfer of shareholders' ownership of interests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined? Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected by intellectual property law?Yes, no3.What do the various kinds of intellectual property have in common? Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rights associated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history.6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights? What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
法律英语参考译文 完整版Lesson1-16
没有法律，社会就会处于无政府状态。法律是社会赖以生存的手段，它提供 个人保障，它建立制度和维持社会秩序、保持社会秩序、保证社会健康和安全， 它提供一个和平解决争端的方式，它维持人与人之间在经济关系中的稳定性和灵 活性，以及它禁止对社会有破坏性的行为。规章制度反映其所实施的社会和时代。 法律的发展是符合实际的，它在其日常运作中随着社会对合理性和灵活性 参考译文 免费共享 ☆ ☆ ☆ ☆ ☆
泛地被表述着，但这不过只是用普通法的填充着法律的具体条款罢了。其他的法 律部门，特别是商事法，就几乎完全是制定法的结果。如公司法和反托拉斯法就 完全是由立法机关制定的，而非法院判决。
制定法的形式之一就是由法令（条例）组成的，这些法令是由市政府的立法 机关制定的法规。法令是具有普遍性和永久性的国内法，这包括消防规范、停车 规章、以及城市选举章程。
这个词（common law）的第二层含义是将普通法的管辖范围与大陆法或法典 的管辖范围区分开来。普通法的管辖范围大部分来自英国的法律制度，它极其重
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1
☆ ☆ ☆ ☆ ☆ 参考译文 免费共享 ☆ ☆ ☆ ☆ ☆
前言（必看）
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2、制作本译文动力源于兴趣，目的在于互相交流学习。 3、如果你只是想以此译文来应付老师上课的抽问，那么你大可不 必下载或复制此文档，因为这样你对不起你自己。 4、本译文=老师的长难句注解（即划线部分。我无意间在网上找 到了部分老师传到网上的注解文档。O(∩_∩)O ）+1 位往届同学的翻译+1 位同届同学的翻译+课堂笔记+本人拙译（虽然本人英语不怎么好，但 我会尽最大努力与大家分享所学到的知识）。 5、此参考译文并不能作为你懒惰的资本，课下你必须亲自逐字逐 句去翻译。其实很少有人课下认认真真地去翻译，也许他们瞧不起这 一科。只要你课下亲自去认真翻译了，无论你英语有多差劲，必定会 有所收获的，期末考试也会较轻松的。 6、当年，第 3、6、15、16 课老师没有讲，所以这几课是根据自 己理解而作的翻译，但我找到了老师上传的第 3、16 课的长难句翻译。 7、《元照英美法词典》 pdf 版下载地址：（按住 Ctrl 键并单击鼠标左键） /file/id_28862953323236512.htm 。
法律英语沙丽金版阅读文本问题答案修订稿
法律英语沙丽金版阅读文本问题答案集团档案编码：[YTTR-YTPT28-YTNTL98-UYTYNN08]L a w 1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conductis proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system?Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America Why9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and RomanLaw?2.The civil law is based on Roman Law.3.Who is the Justinian and what is his contribution?4.Byzantium Emperor. Compiling codes after the enthronement5.Which is the primary source of law in Europe, Roman Law or locallaws?6.Local customs7.Why was the concept of codification developed in the 17th and 18thcenturies?8.As an expression of both Natural Law and the ideas of theEnlightenment.9.What did the opponents of codification think about codification oflaw?10.Its opponents claimed that codification would result into the ossification of law.11.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.12.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations arepromulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.13.Where should people go if they wanted to apply for injunctionsbefore the 20th century14.Why?Courts of equity. Only courts of equity have the authority to do it.15.What is the difference between the selections of judges incivil law countries and that in common law countries?16.Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.17.What are the differences in the criminal procedures of the twomajor legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil lawcountries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the UnitedStates?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of thestate judicial hierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judgesPlease give examples.No. For examples, a man who sits on the highest court of NewJersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is calleda judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearingappeals. They review the proceedings of trial courts upon thebasis of written records. They hear oral arguments and readwritten arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system inthe U.S. What are they7.There are three levels of courts: trial, intermediate appellate and top appellate.8.Does each state have a federal trial court What decides the numberof the federal trial court in each state9.Each state has at least one United States district court.The population of the district10.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.11.Which authority has the power to create federal circuit courts? Congress12. Does the Supreme Court of the U.S. review all the casesappealed Dose the Supreme Court of the U.S. have the power toreview all the decisions made by the state highest courts13.No. Yes.Constitution1.What are usually established in a constitution?2.A constitution establishes the rules and principles by which anorganization, or political entity, is governed. In the case ofcountries, this term refers specifically to a nationalconstitution, which defines the fundamental political principles and establishes the power and duties of each government.3.What are the examples that show the limitation imposed by theconstitution to the organizations in the United States4.An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in theconstitution.5.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and thejudiciary, but also the relationship of institutions within those branches.6.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in asingle document, consisting of several different sources, which may be written or unwritten.7.Why is an unwritten constitution not an accurate synonym foruncodified constitution?Because all modern democratic constitutions consist of somewritten sources,8.What do the codified and uncodified constitutions respectivelyresult from?Codified constitutions are usually the product of dramaticpolitical change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions overcenturies.9.Is it easy to amend a constitution Why or why not10.No. an extraordinary procedure is required for constitutionalamendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.11.What happens if there are conflicts between the constitutionand a statute in a country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.12.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by theParliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs andtraditions.13.Are there any differences between the constitutional law andstatutory law in states using uncodified constitutions?No. Both can be altered or repealed by a simple majority inParliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety,security or morality. Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention andpunishment.2.What is the accurate definition of crime?3.A crime is any act or omission that is contrary to the criminallaw.4.What are the elements that may establish a crime?5.Criminal liability, guilty mind,6.What is the standard of proof for the prosecution to prove that aperson is guilty?7.Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea8.What does the actus reus include?9.Conduct, circumstance and consequence10.Will all omissions lead to liability?11.No12.What are the circumstances where criminal liability has beenimposed for an omission?13.14.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, andhis/her omission constitutes a failure to discharge that duty—the omission is no longer pure.15.In what kind of cases is causation required?16.The defendant’s conduct caused the unlawful consequence17.How is the subjective nature of criminal liability proved?18.Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which thesubstantive criminal law is enforced.2.What are the sources of criminal procedure law?3.The United States Constitution, (2) federal statutes (3) theFederal Rules of Criminal Procedure (d) local district court rules(e) rulings of federal courts based on their common law decisionalauthority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internalregulations of the Department of Justice and other agenciesinvolved in the administration of the federal process.4.What is a known offence?5.Where the police conclude that a crime may well have beencommitted, it will be recorded as a “known offence”6.Who has the power to conduct investigation before arrest?7.Police, prosecutorial and other non-police investigations8.What are usually done in the process of booking?9.The arrestee’s name, the time of his arrival, the offense forwhich he was arrested are noted in the police “log”, thearrestee also will be photographed and fingerprinted.10.How many types of charging instruments are there in the felonycases?11.Complaint information, indictment12.Are there any differences between First Appearance andPreliminary Hearing?13.14.What will be done in the process of a grand jury review?15.Determining whether there is sufficient evidence to justify atrial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence issufficient, they will issue the indictment requested by theprosecutor.16.What are the characteristics of criminal trial?17.（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand (d) the exclusion of evidence obtained by the state in an illegal manner18.How many types of sentences are used in criminal cases?19.Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?4.The taxpayers provide the courtroom, the judge, and theinstrumentalities by which the dispute is resolved.5.Who usually initiates a civil litigation, a government or anindividual?Individual7.Is civil litigation time consuming8.Why?Yes. Because there are many more parts to the process than the trial,9.Why is the question of forum selection important?10.The decision implicates a variety of important doctrines. Andthere are questions of tactics and ideal for the defendant.11.What should be decided by a plaintiff and his /her lawyerbefore filing a suit?12.What to put in the complaint.13.Where can the elements of claims be found?14.Substantive law15.What is the function of civil procedure law?16.Civil procedure provides the mechanism—the process—by whichdisputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolvingdisagreements. It establishes the method by which someone would vindicate a right given to her by the law.17. What are the stages in civil litigation?18.Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.4.How do you prove the intent of a defendant?5.Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.6.What are the elements of false imprisonment?7.(a)Intent to confine a person within a certain area (b)actual confinement(c) Awareness of plaintiff of the confinement or injury toplaintiff due to confinement; and (d) Prevention of exit or nosafe exit possible by plaintiff8.What needs to be proved in case of trespass9.An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land10.What does standard of care mean?11.As a general rule, all persons are under a duty to conductthemselves in such a manner as not to create unreasonable risks of physical harm to others.12.How do you make defense for a negligent conduct?13.Contributory or comparative negligence and assumption of the risk 14.What is the difference between the two types of comparativenegligence?15.Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, whichmeans that if the plaintiff is more than 50 percent at fault, he or she cannot recover.16.In what situation is the defense of assumption of risk applied?17.The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.18. Can a plaintiff get recovery if the defendant has no faultunder strict liability doctrine Why19.Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?2.An implied contract is one that is inferred from the conduct of the parties.3.What is the difference between bilateral contracts and unilateralcontracts?4.A bilateral contract is one in which the parties exchange promisesto do some future act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.5.What is the difference between a void contract and a voidablecontract?6.A void contract is a nullity from its beginning, and damages donot result. A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so. 7.What are the key elements for the formation of a contract?8.(1)the capacity of parties; (2) offer and acceptance (3)Consideration9.How does a corporation enter into a contract?10.The law creates a legal fiction that corporations are persons.11.Are the shareholders of a corporation involved in the contractconcluded by the corporation?12.No. This device allows corporations to sue and be sued and toconduct business transactions as entities without involvingindividual shareholders.13.What may decide the capacity of a person to enter into acontract?14.The age of the individual or from a party’s being mentallyincapable of understanding the ramifications 后果of the contract15.Are there any special provisions about minors’ making contract16.What are they?Minors are under an obligation to return any considerationreceived under the contract17.How can misunderstandings about terms in complex contracts beavoided?18.Complex contracts often contain sections that clearly definecertain terms.19.How do you decide whether the two parties of a contract havethe mutual agreement?20.On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for theindustrial development?2.It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.3.Who has the power to approve the individual corporate charteroriginally?4.State legislatures5.Which state is the winner in the race of attracting companies?6.Delaware7.What is the procedure for the formation of a corporation?8.Filing an appropriate document with a state official, and paying the appropriate fee9.What can corporations do as artificial persons?10.The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.11.What is the most obvious advantage that a corporation has?12.The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.13.Why does a corporation have continuity of life?14.The existence of the corporation is not dependent on who theowners or investors are at any time. If shareholders die, ordecide to sell out, the corporation continues to exist as aseparate entity.15.How do you understand the sentence “the corporation does nothave a limited life span”16.It does not really mean that all corporations will continue until the end of time but rather that a corporation will continueindefinitely until the owners decide to dissolve it or merge it into another business.17.What rights do shareholders have?18.Very specific rights such as a limited right to inspect the books and records of the corporation19. Who has the right to decide the transfer of shareholders’ownership of interests?20.oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind3.And are the “ideas” protected by intellectual property lawYes, no4.What do the various kinds of intellectual property have in common?5.Patents, copyrights, industrial designs, trademarks andconfidential information6.Why do the intellectual property rights have much in common withthe rights associated with real property?7.Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.8.Do the different intellectual property rights have the samehistory9.Why?Each of the diverse intellectual property rights has its ownseparate history.10.What is the shaping of the intellectual property law closelyrelated to?11.Change economic and social conditions12.Are there any differences in the attitudes towards intellectualproperty rights13.What are they?Important economic assets rewards for mental laborA reward for individual creativity products of themarket14.In what way the ownership in intellectual property is limited?15.Time16.How are most intellectual property actions settled?17.Most are settled at the pre-trial stage and the usual remedy,where the claimant is successful, is a permanent injunctiontogether with costs.18.What are the remedies in intellectual property cases?19.Delivery up, damages and an account of profits。
1a-legal families沙丽金版法律英语
Rather than legislate to amend the law, the King created the court of Chancery, which could grant a discretionary relief in equity to correct the common law.
The establishment of some royal courts at Westminster The expansion of their jurisdiction The disuse of the local courts The appearance of the common law
The Common Law in the US
Evolution
‘Legal Separation’
Because
of the early independence of the US, the common law here has evolved separately from that of England and of other Commonwealth countries, who became independent only fairly recently.
Байду номын сангаас
A Brief History of Ancient Rome
The Western Roman Empire The Eastern Roman Empire (Byzantium)
Invasions of the ‘barbarians’
The Huns The Germanic peoples
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Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
“Offensive" contact
contact that would offend a person’s sense of personal dignity
Examples
spitting in someone's face
Battery
intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand
actual confinement awareness of the confinement by the
person so confined
False Imprisonment
absence of a reasonable means of escape
Remedies
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
Battery
“Harmful" contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
Definition
an enactment that restricts the time within which legal proceedings may be initiated
Objective
designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time, or the death or disappearance of witnesses
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
The person falsely imprisoned may sue the offender for damages.
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
Statute of Limitations
Function
The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed.
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
Elements
intent to confine a person within a certain area
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
against societal benefits
whipping a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured
(a nurse) failing to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself
Tort Law
General
Definition
Tort law is the body of law that deals with civil wronom contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
Tolling the statute
Most jurisdictions provide that limitations are tolled under certain circumstances.