1. To discuss the differences between the civil law system and the common law system.
Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.
Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation.
Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.
Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.
Ⅴ Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge’s decision is more important.
ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses.
2. To discuss the main differences between American and Chinese law school teaching.
ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree.
Ⅱ The teaching method
In USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class.
In China, the professor exposes the law to his students, who take notes and do not intervene in class.
Ⅲ Cases vs. Doctrines
In the USA, students’ textbook contains lots of cases and decisions made by the judges.
In China, The textbook involves many doctrines, concepts and theories.
3.To discuss the main features of the American court system
There are fifty-two court systems in the U.S. each state has its own system of courts, one for the District of Columbia and a federal system.
In the state court systems, court structures vary from state to state. But they all exhibit a hierarchical structure; decisions of lower courts may be reviewed by higher courts. A state system includes:
1) Trial courts of inferior jurisdiction
2) trial courts of general jurisdiction
3) appellate courts
The trial courts of inferior jurisdiction hear civil litigations involving small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases.
Every case should first be heard at the trial court. Then it can be appealed to the appellate court. Every state has its court of last resort.
The structure of the federal system is similar. There are three levels of courts:
(1) U.S. district courts
(2) U.S. courts of appeals
(3) the United States Supreme Court. Not like the other courts in federal systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts
4.To discuss the significance of jurisdiction.
First, it can enable the participants to institute a legal proceeding in a specific way.
Next, it makes justice understand the whole case easily. It is convenient for the parties take part in
the litigation.
Finally, save legal resources and smooth the legal proceedings.
5. To discuss the main characteristics of case law.
it can ensure the consistence of decisions .
Known also as the principle of stare dicisis. Past judicial decisions are formally and generally binding for similar cases.
Some precedents have greater weight than others. The weight of precedent is affected by the ranking of court that decided it.
Once a prior decision has been overruled, it continues to bind the particular parties; it is no longer authoritative to the subsequent cases.
a court is not bound to follow another state’s precedents,but it will consider the outstate decisions and, if their reasoning is persuasive, it can make use of them.
6. To discuss the significance of case Marbury vs. Madison.
it is a landmark case in the United States. It formed the basis for the exercise of judicial review.
In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to the plaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediate concerns of the Republicans and sidestepped the controversy, but the great significance of the case lay in the Court’s assumption that it has the final authority to determine whether any act is constitutional., thus, profoundly enhancing the Court’s authority.
the case was the first strong pronouncement of the principle of judicial review, which is the power of the Court to examine legislation and other acts of Congress.
In a word, the case established the principle of judicial review , which has been a permanent and indispensable feature of United States constitutional system.
So the constitutional scholars, by consensus, regard the case as the most important case the Supreme Court ever has decided.
7. The main differences between substantive law and procedural law.
Procedural law define the form and method by which legal rights are enforced. While substantive law define the legal rights themselves.
The differences are as follows:
ⅠThey contain different rules and substances.
Substantive law provides for the rules about duties or rights. While procedural law sets rules about form or method.
ⅡAlthough “pure” substantive rules and “pure” procedural rules exist, many rules are a mixture of both substance and procedure. Some rules seem to be procedural are adopted for substantive reasons; likewise, some rules seem to be substantive are adopted for procedural reasons.
Ⅲprocedural law generally have more efficiency considerations.
8. Whether the death penalty should be abolished in America.
The Court points out that the use of the death penalty has a long history of acceptance both in the US and in England , and it is apparent from the Constitution that the existence of capital punishment was accepted by the Framers. In the mean time we should assure that death penalty will not be wantonly imposed.
it can be justified from the following grounds:
(i) as a means of retribution against severe crimes
(ii) as a deterrent to others;
(iii) to prevent the criminal from re-offending;
(iv) it's cheaper than keeping people in prison. It is not humanitarian .
Opponents may argue:
(i) killing someone is always wrong, and two wrongs can never make a right;
(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong . 9. To discuss the importance of Miranda warning
Miranda warning is a warning that is required to be given by police in the United States to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights It includes the right toremain silent; being clearly informed of that anything the person says will be used against that person in court; the right to consult with an attorney and to have that attorney present during questioning, if he or she is indigent, an attorney will be provided at no cost to represent her or him.
1.Miranda warning guarantees the constitutional rights of suspects during the criminal investigation. Those rights are mainly from the fifth and sixth amendments.
2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent the police from harming their legal rights.
3.Miranda warning also help the suspects understand that he does not have the responsibility to self-incriminate.
4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense, whether the suspects are poor or not, they will receive equitable treatment.
10. To discuss the function of voir dire
The voir dire is the process used to select a jury.
The prospective jurors are questioned about their backgrounds and potential biases before being chosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by two methods: peremptory challenge: exclude a juror without having to specify a reason.
and the challenge for cause.: we must demonstrate that the individual cannot be impartial or cannot handle the responsibility of making a rational decision.
Jurors can be excluded by these reasons:
1)have already formed an opinion about the guilt or innocence of the accused;
2)are related to any of the parties or legal actors in the case;
3)are physically or mentally impaired to the extent that the impairment will interfere with their decision-making process or
4) are considered to be incapable of remaining impartial until the case is presented.
11. To discuss what the appellate courts focus on and whether it is proper
Appellate courts review the action of the lower judicial tribunals. Actually, the scope of judicial review is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea of justice for those of the trial court; what it does is to review the record of the proceedings to determine whether the lower court committed error on its procedure or in applying the substantive law to the facts of the case.
They will only look at such documents: the pleadings, the transcript of testimony, the exhibits entered into trial and the trial court’s decisions. No additional testimony is taken. No new evidence is submitted.
In most states, there are two kinds of appellate court, the intermediate appellate court and the court of last resort. If everyone appeals their cases to a higher court, the appellate courts’ workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.
In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retry every case, it would be a waste of judicial resources and make them unable to give their full attention to the novel and socially important controversies.
12. What’s the differences between the torts and crimes?
Ⅰ Nature
A crime is considered to be a wrong against the whole society, whereas a tort is a wrong against an individual.
Ⅱ The persons who actually prosecute the case.
When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party will prosecute the case.
Ⅲ Punishments
One who commits a crime may be subject to such punishments as death penalty, imprisonment, forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatory damages and punitive damages are the most common punishments.
However, some acts or omissions may be both criminal offenses and tortious ones. For instance, if one individual intentionally punches somebody, a crime may be committed, and the injured party will sue the defendant in a civil action.
13. To discuss the process of the creation of case law
As the name “case law” suggests, a collection of particular decisions, generate rules of general application, namely case law.
From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, in the view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior, similar decisions.
It is a feature of the common law system that past judicial decisions are formally and generally binding for the disposition of similar present controversies. However, if a former decision has been overruled by a higher court, it is no longer authoritative to subsequent cases.
A series of decisions of former cases does not of course in itself constitute a system of law. But rules of law arise sooner or later out of such decisions. When such rules are taken as normative for future disputes, we have a legal system of precedent.
There is also another factor affecting this process: sense of justice requires that all men are treated alike in like circumstances.
14. To discuss the differences between the binding precedents and persuasive precedents
Binding precedent is the precedent that a court must follow (it is law). There are two requirements must be met: these former decisions are in the same jurisdiction as that court. And the courts which rendered these decisions are in the same level as that court or higher.
In contrast, persuasive precedent is precedent that a court need not follow (it is not law, may be persuasive because it suggests a line of reasoning and can be made use of as guidance and justification). All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only.
15. To discuss the different roles of judge and attorneys in court
First of all, judges have authority to decide questions of law and fact in civil law system and only question of law in common law system. Attorneys only have right to show their evidence to convince the judges, but can’t decide cases at last.
Second, the status is different. Judges have educational background, experiences and power to decide cases finally. So judges are more respectable and get more honor in court. Attorneys are legal practitioner, only can advise judge and jury how to decide cases. So they are inferior to judges in court.
16. To discuss whether it is reasonable to choose common people as jurors
It is reasonable to choose common people as jurors.
With the participation of common people, the trial will become more impartial, because it’s more difficult to bribe the jurors than the judges.
We can avoid the professional prejudice of the judges in the trial, which is formed in the long-term adjudication.
It also reflects the democratization in the judicial system.
But common people may be too emotional and sensitive. These will affect their judgments about a
specific case.
Compared with experts, they are easier to be misled by lawyers.
17. To discuss the differences between motive and intent
Motive and intent have different legal meanings.
Ⅰ Motive is the cause or reason that moves the will and induces action. It represents the stimulus for behavior. Intent relates to the state of mind at the time of the commission of the unlawful act.
Ⅱ the prosecutor is not required to prove the defendant’s motive for behavior and the failure to do so does not mean the jury will vote for acquittal.
And failures to establish an unlawful intent almost certainly result in acquittal.
Ⅲ the motive may help to establish a justifiable reason for the illegal behavior. But a good motive does not necessarily acquit the suspect.
18. To discuss the significance of the case Furman vs. Georgia
It is a mile stone in American history of death penalty. Before this case, capital punishment was widely accepted. After this case, roughly two-thirds of the states promptly redrafted their capital sentencing statutes.
As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, the underprivileged people, who are least able to voice their complaint. After this case, situation has changed; it is a big stride towards equity.
As we all know, death penalty differs from other punishments because of its severity and it is irrevocable.
Although the U.S. did not abolish the death penalty, this case makes the capital punishment imposed in a strict way.
The death penalty can no longer be imposed in an arbitrary or capricious manner.
19. To discuss the importance of due process in criminal procedure.
Due process means that accused person in criminal cases must be accorded certain rights and they will be tried according to legal procedures.
Importance:
1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.
2. protect the defendants against having to self-incriminate, being subjected to double jeopardy. Guarantee the trial is evenhanded to a large extent.
3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rights of the citizenry.
4. it’s helpful to establish an elaborate legal system in order to minimize wrongful results.
5.place limitations on government’s power to investigate and apprehend persons suspected of committing crimes.
20. To discuss the difference between information, complaint and indictment.
the bill of information is an accusation presented directly by the prosecutor without a grand jury indictment. . If the magistrate accepts the information, the defendant is bound over for trial.
The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..
An indictment is a formal accusation that identifies the specific charges against a suspect. Difference:
Compared with information, complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process.
2. Both information and complaint are presented by prosecutors, who file a charging document directly with the court, while indictment must be made by grand jury.
21. To discuss the difference between verdict , judgment and sentencing
First of all, verdict is used to solve substantive issues; judgment can solve both substantive and procedural issues.
second， in one case, there is only one judgment , but maybe many verdicts,
besides, judgment can only be rendered in written, however, written and oral verdict are both appropriate.
if the accused is found guilty, the sentencing stage follows.
22. to explain the difference between the proof by preponderance of evidence and proof beyond a reasonable doubt
Preponderance of evidence is based on all of the evidence presented. On this standard, we may establish such belief that it is more likely than not that the individual has committed a crime.
This standard is used in some jurisdictions for preliminary hearing and issuance of information.
However, proof beyond a reasonable doubt considers all evidence. On this standard, we believe that the individual is clearly guilty; we can use the evidence to convict a suspect.
23. To discuss the main characteristics of adversary system
1. requires the parties to begin the lawsuit, define the issues, develop proof in support of their positions, present that proof to a court.
2.the parties try to present their evidence in the best possible light and the opponent’s evidence in the worst possible light.
3.this system assumes that parties will develop and present their cases more efficiently than a public agent with no interest in the outcome.
https://www.doczj.com/doc/916116994.html,wyers act as advocates for the parties.
5.it also assumes that the financial resources available to each side are relatively equal.
6.the judge’s role is reactive. He play a limite d, nonintrusive role in the investigation and litigation.
Defect:7.but the parties may tend to mislead the judge
8.different lawyers have different competence.
24. To discuss a lawyer’s work before actually filing a complaint
The “client,” when he fir st comes to a lawyer, does not have a case; he has a problem. The lawyer’s first task is to ascertain “the facts.” This task is crucial, and it is not as easy as it sounds, even in simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection. Sometimes clients lie, and even when they aim at the truth.
Next, you will need to determine if these facts state a claim under the applicable law. In many instances, the existence of a legal violation will be clear. But in other cases, it is not.
At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,you will now have to determine in what court you will “bring your action.”
Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.doczj.com/doc/916116994.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a
第五单元 Directions: In this section you'll hear some short conversations. Listen carefully and choose the best answer to the questions you hear. 1. A. She is upset with her daughter's school. B. She has nothing for her to do where she is. C. She is starting her own company. D. She has a new job. 2. A. He's too lazy. B. It's summertime. C. He can't see them. D. They look good. 3. A. She didn't want to answer while relaxing. B. She didn't notice that it was ringing. C. She didn't want to leave her bath. D. She was asleep at that time. 4. A. The man wants to marry the woman. B. The woman wants to marry the man. C. The man and woman are married. D. The man's mother wants the two to marry. 5. A. The woman is cleaning the home. B. The man is inviting the woman to stay. C. The man and woman live together. D. The man doesn't want the woman to move. 6. A. On the street. B. In the woman's home. C. With his mother. D. In his own place. 7. A. The man has a title he fought for. B. The man only had a couple of days to train. C. The man is a boxer with an upcoming fight. D. The man has trouble when he trains for fights. 8. A. The woman is talking on her mobile phone. B. The woman wants to bring home some milk. C. The man has picked up some bread.
1 A buyer can accept goods by: A. Stating an intention to take them. B. Failing to reject them. C. Treating the goods as if the buyer owned them. D. All of the above. 2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. In order for someone to be convicted of a crime, which of the following elements must be present? A. The defendant had a socially maladjusted childhood. B. The defendant had no intent to commit the act. C. The defendant performed a prohibited act. D. The defendant performed a morally questionable act. Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: A. Robbery. B. Embezzlement. C. Misappropriation. D. Conversion. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs: A. Insider trading. B. Economic espionage. C. Money laundering. D. Burglary. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:
2013-2014学年第二学期 华侨大学法学院期末考试试卷 考试科目：法律英语考核类型：A卷考试时间：120 分钟 学号姓名授课教师骆旭旭 (注意：所有的答案（包括选择题）应做在空白答题纸上) Exercise 1: Translate the following sentence into Chinese.(30%) The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function". Functionally, the public undertakings have been broadly classified into four heads: ?Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc. ?Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc. ?Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc. ?Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.
《大学英语》试卷及答案 学号：姓名：专业层次: 分数： 一．单项选择题（本大题共15小题，每小题2分，共30分） 1. The Business Banking Department is on_____C_______second floor. A. / B. a C. the 2. Maria often has a walk with______C______parents in the morning. A. she B. their C. her 3. There_____B_______four children in the picture. A. is B. are C. have 4. I’d like______A______oranges, please. A. some B. any C. / 5. ______B______does the flat cost a month? A. How many B. How much C. How about 6. I’m bad at spelling, but Jane is_____B_______than me. A. bad B. worse C. less 7. He______B______in Beijing, but his parents____________in Hangzhou. A. live, lives B. lives, live C. live, live 8. - I’m enjoying the long summer evenings. -____A________am I. A. So B. Neither C. Nor 9. I usually get up_____A_______7 o’clock in the moring. A. at B. in C. on 10. It often______B______in winter in the north of China. A. snow B. snows C. is snowing 11. —The second bedroom isn’t big enough. —Yes, I agree. It is______B______. A. small B. too small C. enough small 12. This is his book. Could you give it_____A_______him？ A. to B. with C. for 13. I’m interested _____A_______cooking. A. in B. to C. at 14. I’d like to_______B_____you to a party this Saturday. A. join B. invite C. leave 15. When_______A_____for London? A. is she flying B. she flies C. she is going to fly 二．阅读理解（本大题共15小题，每小题2分，共30分）
练习1：外国合营者如果有意以落后的技术和设备进行欺骗，造成损失的，应赔偿损失。If the foreign joint venturer causes any losses by deception through the intentional use of backward technology and equipment, it shall pay compensation for the losses. 修改提示：单复数考虑不周；用语不够简洁。 答案（修改要点）：causes any losses →causes any loss(es) 造成一项或多项损失时都应当赔偿，不能仅用复数形式。 pay compensation for the losses →pay compensation therefor (therefor=for that/them) 练习2：人民法院、人民检察院和公安机关办理刑事案件，应当分工负责，互相配合，互相制约，以保证准确有效地执行法律。 原译文：The people’s courts, people’s procuratorates and public s ecurity organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law. 修改提示：“分工负责”，应理解为：侧重点在“负责”，而非“分工”，即分工过程中各负其责；respective 比own 更为妥当、准确；原来的译文中，and they shall …比较啰嗦，更严重的问题是，使to ensure …割断了与divide their functions 的联系。 答案（修改要点）：in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.→… in handling criminal cases, take responsibility for their respective work while dividing functions, co-ordinate, and check each other, to ensure correct and effective enforcement of law. 练习3：商标注册人享有商标专用权，受法律保护。 原译文：Trademark registrants shall enjoy the right to exclusive use of their trademarks and shall be protected by law. 修改提示：商标专用权的译文“貌合神离”，立法原意是“商标专有权”；受法律保护的主语有些歧义，可加括号处理；原文shall滥用，因为并未刻意强调“必须，一定要”。 答案（修改为）：Trademark registrants have the exclusive trademark right, (and are) protected by law. 练习4：被告人的犯罪情节极其严重、社会影响极其恶劣、社会危害极其严重。 原译文：The extremely serious circumstances of the offense committed by the accused have brought abominable influence and severe hazard to the whole society. 修改提示：bring的用法有些生硬，动宾搭配不太适当。 答案（修改为）：have brought abominable influence and severe hazard to the whole society. → have exerted an abominable influence and posed a severe hazard to society. (exert, vt. 施加，产生，如exert pressure on, exert an influence on; abominable, adj. 可恶的，极坏的；pose v. 提出，形成，成为；使摆好姿势pose a problem; pose an obstacle/a threat to …) 练习5：买卖双方同意按下列条款由卖方出售，买方购进下列货物：货号; 品名及规格；数量；单价；总值(数量及总值均有_____%的增减, 由卖方决定)；生产国和制造厂家；包装；唛头；装运期限；装运口岸；目的口岸；保险；
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies
模拟题四 第一部分：交际用语 此部分共有5个未完成的对话，针对每个对话是未完成的部分有4个选项，请从A、B、C、D四个选项中选出可以填入空白处的最佳选项，并用铅笔将答题卡上的相应字母涂黑。 1. ---Do you mind if I sit here? --- _____A_________. A. Not at all. There is plenty of room. B. Of course. Do sit down, please. C. Never mind. I’d like to have some companion. D. Sure. I’d like to have someone to talk to 2. –Why do you always tell me what to do? To be frank, I don’t like it. --- I know, but _C__. A. I don’t like it either. B. How do I do for you? C. I just want the best for you. D. Obviously. You are right. 3. ----That was a delicious dinner. ----_D_. A. Thank you. Don’t mention it. B. You’re welcome. C. Not so delicious, I’m afraid. D. I’m glad you enjoyed it. 4. --- You are most beautiful in that red sweater. --- __C___. A. Oh, no. It’s just an old one, and I have had it for years. B. Yes. I think it goes nicely with my pants. C. Thank you. My mom knitted it for me some years ago. D. Oh, but I’m not sure if it suits me. 5. ---I missed Prof. Wang’s linguistics class again yesterday. ----_____C_____. A. Congratulations! B. How nice you are! C. What a pity! D. Have a nice weekend. 第二部分：阅读理解 此部分共有2篇短文，每篇短文后有5个问题。请从每个问题后的A、B、C、D四个选项中，选出可以填入空白处的最佳选项，并用铅笔将答题卡上的相应字母涂黑。 Passage 1 Many countries face a somewhat more serious economic problem in the form of an unfavorable trade balance with other nations. Such an imbalance exists when the total value of a country’s imports exceeds that of its exports. For example, if a country buys $25 billion of products from other countries, yet sells only $10
法律英语证书（LEC）全国统一考试样题 试卷一 本题为单项选择题，限时180分钟。 1. Bill of Rights a. Domestic federal legislation. b. Legal protection against interference of rights by private individuals. c. A popular name given to the first ten amendments to the U.S. Constitution. d. The federal constitutional provision which grants rights to state governments. 2. Standing a. Abbreviation of “notwithstanding” b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide a remedy. c. The ripeness of a case or controversy. d. The status of a person, group, or organization appearing as a “friend of the court.” 3. Consideration a. Process of judicial deliberation before rendering a decision in a contested case. b. The lengthy recitals of “boilerplate”language appearing in many contracts. c. The inducement to enter a contract, and a necessary element to prove the validity of a contract. d. The detrimental reliance of an offere e. 4. Promissory Estoppel a. A failure to prosecute a civil or criminal action. b. Power to make an offer to the public rather than a specific individual. c. Equitable doctrine recognized as substitute for consideration in some cases. d. Ability of an agent to bind a principal in matters beyond the scope pf agency.
广东纺织职业技术学院2010～2011学年第一学期 《专业英语》期中试卷 考试时间：120分钟考试形式：开卷适用专业：班级：学号：姓名：成绩： 各题20分 一、单词翻译（英译汉） titrimetric analysis reagent titrant flask oxidation precision standard solution sodium hydroxide Equilibrium constant equilibrium. manifest equilibrium concentration frictional flow ionization constant correct for molarity compressed gas neutralization device plus elevation neutral positive-displacement meter reciprocating sodium hydroxide piston external centrifugal pump in the absence of rotational at the expense of rotational velocity compensation stream specific upstream station streamline downstream station 二、单词翻译（汉译英） 垂直于传热面滤饼卸料 符合，一致陶器的 动量，动力，要素滤液 动量传递孔 随机运动，无规则 运动 胶体微粒 扩散的构造，配置 .邻近的，接近的. 波动，起伏 振动的，振荡的大气压(1atm＝ 101. 3 kPa) (远离表面的)流 体(本体)温度 (风车、螺旋桨等 的)翼，叶片 目录，目录册切线的 线性相关蜗壳形式
1. To discuss the differences between the civil law system and the common law system. ⅠThe original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. ⅡThe main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. ⅢThe civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. ⅣThe classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity. ⅤSince theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge's decision is more important. ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses. 2. To discuss the main differences between American and Chinese law school teaching. ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching method In USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class. In China, the professor exposes the law to his students, who take notes and do not intervene in class. ⅢCases vs. Doctrines