法律英语试题库
说明：法律英语试题库共分两部分，第一部分为普通法律英语部分，侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。第二部分为涉外法律英语部分，侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One：普通法律英语部分
I．Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.
Exercise 1
A. defendant F. adjudicate
B. allegation G. review
C. case law H. plaintiff
D. law I. Common Law
E. statutory law J. Jurist
( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision.
( )2. Rules of conduct applicable to all people and enforceable in court.
( )3. To decide a matter by legal means; for example, court, mediation, arbitration. ( )4. The party being sued or tried in either civil or criminal action.
( )5. The major source of law in the U. S. A. or the U K; based on old English Law.
( )https://www.doczj.com/doc/e63606899.html,w established by Congress, stare legislatures or any other law making bodies.
( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on.
( )8. The party who initiates an action at law (law suit).
( )9. Law based on court decisions.
( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.
Exercise 2
A executive branch F devolution
B. federal G. defamation
C. legislation H. legislative branch
D. confederation I. allegation
E. judicial branch J. constitution
( )11. Laws or written rules which are passed by Parliament and implemented by the courts.
( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, and adjudicating rights and duties of others involved in disputes. It interprets and applies the Law.
( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.
( )14.Passing of power to govern or to make decisions from a central authority to a local authority.
( )15.The government department that is responsible for carrying laws into effect. ( )16.Group of independent states or organizations working together for common aims.
( )17.The government department that is responsible for enacting statutory laws. ( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.
( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.
( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.
Exercise 3
A．separate property F. adultery
B．bigamy G. beneficiary
C．custody H. separation
D．heir I. necessaries
E．nonsupport J. guardian
( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.
( )22. The care and possession of minor children of a marriage during a divorce proceeding and after divorce is final.
( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.
( )24. A person appointed by the court to supervise and take care of another. ( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.
( )26. Goods and services ordinarily required by and appropriate to an incompetent person's station in life, yet not available or provided by parent or guardian.
( )27. The crime of being married to two or more persons at the same time. ( )28. Sexual intercourse by a married person with someone other than the
offender's spouse.
( )29. Anyone who has a legal right to inherit the property of another.
( )30. Anyone who benefits under the terms of a will.
Exercise 4
A. proprietor F. dividends
B. limited partner G. general partner
C. dissolution H. proxy
D. quorum I. liquidation
E. merger J. subsidiary
( )31. A person who conducts the business of a partnership and has unlimited Liability.
( )32. A person who is the sole owner of a business.
( )33. A company owned (by a majority of shares or interest) and controlled by another company.
( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.
( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.
( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.
( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.
( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.
( )39. The number of members who must be present at a meeting for business to be transacted; a majority.
( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.
II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)
Exercise 1
Institution foundation start
provision statute know
code experience jurisdiction
still-survive judicature advocate
as exercise regard
We are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at
least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Court of_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable of being__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of the early commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."
A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or at least the common law of Paris.
Exercise 2
disputes justice pursuit
procedure plaintiff r oots
procedural reliance means
adversary jurisdictions claims
judgment parties opposing
In all jurisdictions there is general agreement that the goal of civil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our
system is often referred to as the _70_ system.
Exercise 3
for court celebrating
later patted rejected
drunk her with
prison searched of
prosecutor declaring both
One evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students __76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumble and fell down; they took him to a nearby shelter.
A few days later, a __78__ charged the two armed robbery suspects __79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died __81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” I n exchange __82__ a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty, but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a court order __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he would not seriously endanger the community. III. Vocabulary and Structure
A. Match the words on the left with their definitions on the right.
(8 points)
B. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3. (7 points)
94. ABM plc ______ four departments.
95. Helen Grey ______ to the Personnel Manager.
96. John Ross _______ the Maintenance Section.
97. _______ the gas before you inspect the back of the cooker.
98. After inheriting a lot of money he decided to ______ his own business.
99. I would like to _______ the sales figures with you and find out where the mistakes are.
100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.
（三）Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.
46 Potters Lane
Walton
Leicestershire
23 April 2002
Mr Peter Sellers
Director Human Resources
Carney and Denham Consultants
2 Cromwell Road
Nottingham NT7 9GH
Dear Mr Sellers
With 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.
I am 35 years old and 1 have considerable experience in engineering in both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplined construction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.
I would be grateful if you could 110 an interview as soon as possible as I am going abroad next month. I can Be 111 at the above address. I am 112 to
start work from I June. Please find 113 my CV. Please do not hesitate to contact me if you 114 any further information.
I look forward 115 heating from you.
Yours sincerely
Anne ALexander
Anne Alexander (Ms)
IV. Read the materials and answer the following questions:
Exercise 1
1. Read the following text and answer questions 116-120.
Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.
Don?t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.
When you take a personality test, which is designed to find out about your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly there is usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong
idea about what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone who you're not.
116. What is the Exercise mainly concerned with?
117. How should you behave during the day at the selection centre?
118. How should applicants approach giving presentations?
119. Does it matter if you answer questions incorrectly in a personality test? Why?
120. What does the author say about lying in a personality test?
Exercise 2
Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.
There are whole companies who specialize in offering research on brand-name connotations to product manufacturers looking for a name for a new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations …roam free?, from which meetings they arrive at shortlists of names whose suitability is then researched further. Names on the shortlists have to pass certain tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; that they have
the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel and therefore be more suitable for the mass market, which was the company?s target.
2. Mark statements 121-125 True or False according to the information provided in the text above.
121. This Exercise is mainly about how to choose names for companies wishing to go global.
122. Good names make the right connection between words and ideas.
123. …Going Places' is used as an example to show how hard it is to choose a name for a company.
124. …Destinations' is likely to appeal to wealthy travelers.
125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.
Exercise 3
Material 1: Jurisprudence: An Overview
The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship. The second type
of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?
Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.
Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist and natural law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.
There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think
about jurisprudence as a continuum.
The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.
Material 2: Legal Philosophy
Jurisprudence is the philosophy of law and of the legal system. There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.
The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.
The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.
Aristotle asserted that law existed in nature and could be ascertained by man's exercise of his power to reason. The Stoic school elaborated on and expanded on the ideas of Aristotle in the third century B.C. During the Roman period the concept of jus gentium (the law of nations) was similar to the earlier Greek natural law theories.
St. Thomas Aquinas combined the Greek and Roman schools of thought into a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. This position is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism or analytical jurisprudence) believe that law should be more scientific and less reliant on
blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.
Legal positivism originally developed in Europe. The legal positivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) As a result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:
1. Law consists of rules.
2. Law is different from morals.
3. The sovereign establishes the rules.
4. Legal rules carry sanctions.
Legal positivism is best exemplified in the views of Hans Kelsen and H. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.
The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values and goals of the given populace.
The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of the political spectrum from
legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as a justification or explanation for the legal system. Natural law consists of four basic elements:
1、Law is based on the nature of man.
2. Legal rights can be discovered by the exercise of reason.
3. Law is constant.
4. Legal principles must be just and fight.
Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:
1. The law is a social process, not a body of "rules".
2. Law is what legal decision makers actually do about the statutes and rules.
Legal realists concentrate on natural law than on rules. Legal realists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so that legal rules need to be just and fight.
Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.
Answer the questions according to the given materials:
126. Is there any difference between jurisprudence and legal philosophy? Why? 127. How many schools of jurisprudence as you know? What?
128.What are the main legal ideas of the natural legal school?
129.What are the main legal ideas of the positive legal school?
130.What are the main legal ideas of the legal realists?
131.Summarize the main points on the concept of law from Kelson and Hart? 132.Please give some comments on the legal views of the legal realists.?
Exercise 4
Material 3: Law and Morality
A society's 'code of morality' may be defined as a set of beliefs; values, principles and standards of behavior, and such codes are found in all social groups. Emile Durkheim, a sociologist, had presented a theory of social cohesion, part of which rested on the notion that in technologically undeveloped societies, such as small tribal groups, there tends to be a single, consensually held moral code to which all members of the group subscribe. In a technologically advanced society such as our own, however, with immense differentiation in terms of social status, income, occupation,
ethnic background and so on, it is unlikely that we will find such a monolithic moral code. Rather, there is diversity of moral attitudes on all kinds of social and personal issues.
Most of us, if asked to give an example of an area of moral rules in our society, would probably think of sexual morality, or perhaps acts of violence against the person. Most of us, if asked to give an example of an area of moral rules in our society, would probably think of sexual morality, or perhaps acts of violence against the person. And, as we shall see, a moral code may not be wholly without its inconsistencies and contradictions: established institutions such as the Church may condemn apartheid, or racial segregation, on moral grounds, whilst other established institutions, notably at government level, may nevertheless maintain commercial and political relations with states which are structured around policies of apartheid, as has been seen for many years in the attitudes of various Western countries, including Britain, towards South Africa.
Law and Morality: Divergences and Similarities
Though having much in common, law and morality have important points of divergence. Legal rules, for instance, are backed by official state sanctions and procedures, whereas moral rules, if they involve any sanctions at all, rest upon more diffuse and generalized informal sanctions --we might call this ' social disapproval'. For example, neighbors may shun a person whom they have discovered to be engaging in smuggling. In some instances, particular behavior may offend both legal and moral codes, such as the commission of murder, but in other cases, some people as immoral may define behavior, though that behavior is not unlawful. Examples are telling lies and committing adultery. In yet other cases, social behavior may be unlawful even though no moral disapproval attaches to the action in question; for example, a criminal offence of exceeding the speed the Relationship between Law and Morality
Morality is connected with the law in many ways. To begin with, the conditions under which a person may be held liable in law may be seen as based on the moral idea of ' blame' or ' fault'. At this point it is useful to outline some general considerations of the liability in law.
'Conditions of liability' may conveniently be divided into 'general' and 'specific' conditions. Specific conditions of liability depend on the precise scope of a given legal rule or set of rules, each of which will be different according to the context of the rules, their history and their objectives. For example, in criminal law the definition of ' theft' is the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it, whilst the definition of murder is accepted as 'when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature.., under the king's peace, with malice aforethought... ' These two legal rules dearly lay down different conditions which must be proved by the prosecution before liability can follow. The same variety will be found in the body of law we know as the law of tort, or civil wrongs, which includes rules specifying the conditions under which a defendant will be liable to a plaintiff for wrongs such as assault and battery, trespass to land,
nuisance, defamation, negligence and various others; and yet other conditi6ns of liability are found within the law of contract.
Apart from the specific conditions of liability contained within individual roles, however, there are, underlying the idea of liability in law, certain general principles perceived by judges and legislators alike as being fundamental to liability in any branch of the law. These principles are rooted in conceptions of morality (of which the notion of justice is one of the most important), and the way in which these moral principles are incorporated into the law may best be appreciated by means of the criminal law examples cited above. It will be noted that before a person can be convicted of theft, it must be established not only that the accused person 'appropriated property belonging to another', but also that this appropriation took place with the intention of permanently depriving the other of it'. Again, a conviction for murder can occur only if it is established, not simply that the accused brought about the death of another, but also that this was done 'with malice aforethought'.
It follows that if someone takes another's property in the belief that it is his or her own, or that if someone muses another's death by accident, then convictions for theft or murder cannot follow. In general, then, it is not considered acceptable in English law to subject a person to legal sanctions unless it can be shown that the person did the act in a 'blameworthy' manner, since we do not normally attribute blame in situations where injury occurs accidentally, or by reason of an honest mistake, or where the person concerned cannot be said to have been responsible for his or her actions. This means, then, that 'blameworthiness' -- a moral principle -- is normally required before we consider it acceptable to subject a person to legal sanctions. By way of illustration of this point: it is a defense in criminal law to show that the accused was, at the time of the commission of the alleged offence, suffering from some mental illness, or was for some other reason not in control of his or her actions. If X is hammering a nail, and D comes along, seizes X's wrist, and uses it to strike P with the hammer which X is holding, it will be D, not X, who will be liable for 6 that injury.
Similarly, in the law of contract, special legal rules apply regarding the capacity to make contracts of minors, mentally disordered persons and drunken persons. Where minors make contracts, the law presumes insufficient maturity to appreciate fully the contractual bond, although there are exceptions to this: it has long been held that minors may be held bound by the terms of contracts for 'necessaries' (food, clothing and other items deemed essential). With regard to the other exceptional cases, their state of mind is likely to be such as to affect their capacity to understand what they are doing and the contractual obligations which they are taking oil.
These general principles may be summed up in two propositions: first, the law holds liable, as a general rule, only the actual wrongdoer, and second, the law insists, as a general rule, that liability is contingent upon a context in which the person concerned may be said to be morally blameworthy. These underlying general principles, referred to by such phrases as 'individual responsibility' and 'no liability without fault', have long been at the root of liability in English law, and are, despite certain exceptional situations, still regarded as fundamentally important.
Answer the questions according to the given materials:
133.Could you give an example of an area of moral rules in our society?
134.What are the meanings of morality?
135.Which is more important between law and morality, Or both important? Why? 136.What are the main Similarities between law and morality?
137.What are the main Divergences between law and morality?
138.How does law differ from morality?
139.What is the relationship between law and morality?
Exercise 5
Material 4 : Sources of English Law
The expression ' sources of law' can mean at least two different things. It can refer to the historical origins from which the law has come, such as common law and equity. Second, it can refer to the body of rules which a judge will draw upon in deciding a case, and where these rules are to be found. In this second sense the sources of English law today are: Community law, legislation, delegated legislation, case law, legal textbooks, and custom.
Community Law
Since the United Kingdom joined the European Economic Community, now the European Community, it has progressively, but effectively, passed the power to create laws which are operative in this country to the wider European institutions. The United Kingdom is now subject to Community law, not just as a direct consequence of the various treaties of accession passed by the United Kingdom Parliament, but increasingly it is subject to the secondary legislation generated by the various institutions of the European Community.
European law takes three distinct forms: regulations, directives and decisions. Regulations are immediately effective without the need for the United Kingdom Parliament to produce its own legislation. Directives, on the other hand, require specific legislation to implement their proposals but the United Kingdom Parliament is under an obligation to enact such legislation as will give effect to the implementation of the directives. Decisions of the European Court of Justice are binding throughout the community and take precedence over any domestic law.
Legislation
Parliament makes law in the form of legislation, i.e. Acts of Parliament. There are various types of legislation. Whereas public Acts affect the public generally; private Acts only affect a limited sector of the populace, either particular people or people within a particular locality. Within the category of public Acts a further distinction can be made between government Bills and private members Bills. The former are usually introduced by the government whilst the latter axe the product of individual initiative on the part of particular members of Parliament.
Before enactment the future Act is referred to as a bill. Without going into the details of the procedure, bills have to be considered by both Houses of Parliament and
have to receive Royal Assent before they are actually enacted.
Delegated Legislation
Delegated legislation has to be considered as a source of law in addition, but subordinate, to general Acts of Parliament. Generally speaking, delegated legislation is law made by some person or body to whom Parliament has delegated its general law making power. The output of delegated legislation in any year greatly exceeds the output of Acts of Parliament and, according to Professor Zander's computation, each year there are over 2000 sets of rules and regulations made in the form of delegated legislation as opposed to less than 100 public Acts of Parliament.
Case Law
The next source of law that has to be considered is case law, the effective creation and refinement of law in the course of judicial decisions. It should be remembered that the United Kingdom's law is still a common law system and even if legislation is of ever increasing importance, the significance and effectiveness of judicial creativity should not be discounted. Judicial decisions are a source of law through the operation of the doctrine of judicial precedent. This process depends on the established hierarchy of the courts, and operates in such a way that generally a court is bound by the ratio decidendi or rule of law implicit in the decision of a court above it in the hierarchy and usually by a court of equal standing in that hierarchy. Where statute law does not cover a particular area or where the law is silent generally it will be necessary for a court deciding cases relating to such an area to determine what the law is and, in so doing, that court will inescapably and unarguably be creating law. The scope for judicial creativity should not be underestimated and it should be remembered that the task of interpreting the actual meaning of legislation in particular cases also falls to the judiciary and provides it with a further important area of discretionary creativity. As the highest court in the land, the House of Lords has particular scope for creating or extending the common law, and a relatively contemporary example of its adopting such an active stance can be seen in the way in which it overruled the longstanding presumption that a man could not be guilty of the crime of rape against his wife. It should of course always be remembered that Parliament remains sovereign as regards the creation of law and any aspect of the judicially created common law is subject to direct alteration by statute.
Legal Textbook
An extension of the doctrine of judicial precedent leads to a consideration of a further possible source of law, for when the court is unable to locate a precise or analogous precedent it may refer to legal textbooks for guidance and assistance. Such books are subdivided, depending on when they were written. In strict terms only certain venerable works of antiquity are actually treated as authoritative sources of law. Amongst the most important of these works are those by Bracton from the thirteenth century, Coke from the seventeenth century and Blackstone from the eighteenth century. Legal works produced after Blackstone's Commentaries of 1765 are considered to be of recent origin, but although they cannot be treated as authoritative sources the courts on occasion will look at the most eminent works by accepted experts in particular fields in order to help determine what the law is or
should be.
Custom
The final source of law that remains to be considered is custom. The romantic view of the common law is that it represented a crystallization of common customs distilled by the judiciary in the course of its travels round the land. Although some of the common law may have had its basis in general custom, as Professor Zander points out, a large proportion of these so called customs were invented by the judges themselves and represented what they wanted the law to be, rather than what people generally thought it was.
There is however a second possible customary source of law and that is with regard to specific local customs. Here there is the possibility that the local custom might differ from the common law and thus limit its operation. Even in this respect, however, reliance, on customary law as opposed to common law, although not impossible, is made unlikely by the stringent test that any appeal to it has to satisfy. Amongst these requirements are that the custom must have existed from 'time immemorial', i.e. 1189, and must have been exercised continuously within that period, and without opposition. The custom must also have been felt as obligatory, have been consistent with other customs and in the final analysis must be reasonable. Given this list of requirements it can be seen why local custom does not loom large as an important source of law.
Answer the questions according to the given materials:
140.Is there any difference between legislation and case law? Why?
141.How many legal sources are there as you know? What?
142.What are the main differences legislation and custom?
143.What is the position of the legal textbook in the sources of English Law? 144.What are the main differences between legislation and delegated legislation? 145.Summarize the differences between custom and case law?
146.Please give some comments on the sources of Anglo-American law ?
Exercise 6
Material 5 : Types of Law
The content of law may be categorized as substantive or procedural. Substantive laws consist of rights, duties, and prohibitions administered by courts -- which behaviors are to be allowed and which are prohibited (such as prohibition against murder or the sale of narcotics). Procedural laws are rules concerning just how substantive laws are to be administered, enforced, changed, and used by players in the legal system (such as filing charges, selecting a jury, presenting evidence in court or drawing up a will).
At times, a distinction is made between public law and private law. Public law is concerned with the structure of government, the duties and powers of officials, and the relationship between the individual and the state. It includes such subjects as
constitutional law, administrative law, regulation of public utilities, criminal law and procedure, and law relating to the proprietary powers of the state and its political subdivisions. Private law is concerned with both substantive and procedural rules governing relationships between individuals (the law of torts or private injuries, contracts, property, wills, inheritance, marriage, divorce, adoption, and the like).
A more familiar distinction is between civil law and criminal law. As noted, civil law, as private law, consists of a body of rules and procedures intended to govern the conduct of individuals in their relationships with others. Violations of civil statutes, called torts, are private wrongs for which the injured individual may seek redress in the courts for the harm he or she experienced. In most cases, some form of payment is required from the offender to compensate for the injury he or she has caused. Similarly, one company may be required to pay another a sum of money for failing to fulfill the terms of a business contract. The complainant firm is thus "compensated" for the loss it may have suffered as a result of the other company's neglect or incompetence. Criminal law is concerned with the definition of crime and the prosecution and penal treatment of offenders. Although a criminal act may cause harm to some individual, crimes are regarded as offenses against the state or "the people". A crime is a "public", as opposed to an "individual" or "private," wrong. It is the state, not the harmed individual, that takes action against the offender. Furthermore, the action taken by the state differs from that taken by the plaintiff in a civil case. For example, if the case involves a tort, or civil injury, compensation equivalent to the harm caused is levied. In the case of crime, some form of punishment is administered. Henry M. Hart suggests that a crime "... is not simply antisocial conduct which public officers are given a responsibility to suppress. It is not simply any conduct to which a legislature chooses to attach a "criminal" penalty. It is a conduct which, if duly shown to have taken place, will incur a formal and solemn pronouncement of the moral condemnation of the community". In Hart's view, both the condemnation and the consequences that follow may be regarded as constituting the punishment. Occasionally, a criminal action may be followed up by a civil suit, such as in a rape case in which the victim may seek financial compensation in addition to criminal sanctions.
A distinction can also be made between civil law and common law. In this context, civil law refers to legal systems whose development was greatly influenced by Roman law, a collection of codes compiled in the Corpus Juris Civilis (Code Civil). Civil law systems are codified systems, and the basic law is found in codes. These are statutes that are enacted by national parliaments. France is an example of a civil law system. The civil code of France, which first appeared in 1804, is called the Code Napoleon and embodies the civil law of the country. By contrast, common law resisted codification. Common law is not based on Acts of Parliament but on case law, which relies on precedents set by judges to decide a case. Thus it is "judge-made" law, as distinguished from legislation or "enacted law".
Law in the United States may be further divided into the following branches: constitutional law, case law, statutory law, executive orders, and administrative law. Constitutional law is a branch of public law. It determines the political organization of
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/e63606899.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
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.
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
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.
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
武昌理工学院 三习题题库 系别英语系 课程名称法律英语 授课教师谭宗燕 总学时54 教学班级法学12级 教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月20日 文法与外语学院制
法律英语三习题汇总 Lesson One Legal System 预习题 1. What are the major legal systems in the world? 2. What is the characteristic of the American Legal System? 3. How could people obtain justice, if not in the common law courts? 复习题 https://www.doczj.com/doc/e63606899.html,mon law vs. equity law 2.Characteristics of American legal system https://www.doczj.com/doc/e63606899.html,mon legal terms 练习题 I. Answer the following questions according to the text: 1.W h a t l a w i s t h e b a s i s o f l a w i n E n g l i s h-s p e a k i n g c o u n t r i e s? 2.W h y d i d t h e E n g l i s h c a l l t h e i r s y s t e m t h e c o m m o n l a w? 3.H o w a r e c a s e s d e c i d e d i n c o m m o n l a w c o u n t r i e s? 4.W h a t i s t h e i m p o r t a n t f a c t o r i n u n d e r s t a n d i n g t h e l e g a l e n v i r o n m e n t i n c i v i l o r c o m m o n l a w c o u n t r i e s? 5.I n w h a t w a y i s c o m m o n l a w s y s t e m d i f f e r e n t f r o m t h e c i v i l l a w s y s t e m? I I.T r a n s l a t e t h e f o l l o w i n g s e n t e n c e s: 1.美国和英国是普通法国家的代表。这两个国家的法律有许多相同的地方。
法律英语考查试题及答案 一、英译汉 1.general jurisdiction 一般管辖 2.bar examination 律师考试 3.ripeness 案件成熟度 4.substantive law 实体法 5.no contest pleas 不辩护也不认罪的答辩 二、汉译英 1.巡回法院circuit courts 2.模拟法庭moot court 3.案件决议度mootness 4.起诉书complaint 5.被上诉人appellee 三、翻译短文 1.No two legal systems,then,are exactly alike.Each is specific to its country or its jurisdiction.This does not mean,of course,that every legal system is entirely different from every other legal system.Not at all.When two countries are similar in culture and tradition,their legal systems are likely to be similar as well.No doubt the law of E1Salvador is very much like the Law of Honduras.The laws of Australia and New Zealand are not that far apart. 没有两个法系是恰好相似的。每一种法系对于它的国家和它的管辖范围是特定的。当然，这并不意味着每一种法系是完全不同于其它任何一种法系。当两个国家在文化和传统上相似的时候，他们的法系也很可能相似。难怪萨尔瓦多的法律和洪都拉斯的法律异常相似。澳大利亚的法律和新西兰的法律也不是相差甚远。 2.In many jurisdictions in the United States,felonies are crimes punishable by death or imprisonment in a state prison or penitentiary and misdemeanors are those punishable by fine of imprisonment in a local jail.(The term jurisdiction refers to the authority of a political entity,such as a state or a county ,or the territory over which that authority is exercised.)In other jurisdictions,crimes punishable by fine or imprisonment in a local jail.(The term jurisdiction regers to the authority of a political entity,such as a state or a county,or the territory over which that authority is exercised.)In other jurisdictions,crimes punishable by imprisonment for one yeat or more are folonies,and those punishable by fine or imprisonment for less than one year are misdemeanors.Since each jurisdiction determines the penalties for offenses it defines,a misdemeanor in one jurisdiction may constitute a felony in another.Some jurisdictions have an additional classification for petty offenses,also called infractions,which are usyally punishable by a small fine. 在美国的许多地区，重罪是被处以死刑或者在州监狱里终身监禁的犯罪，而轻罪是被处以罚款或者是在当地监狱监禁的犯罪。（这个管辖术语涉及政治性实体的权威，例如一个州或者一个国家，或者一个培训权威的领地。）在其他地区，被处以监禁一年或一年以上的
法律英语翻译练习与答 案 HUA system office room 【HUA16H-TTMS2A-HUAS8Q8-HUAH1688】
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 c o m p e n s a t i o n f o r t h e l o s s e s. 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 security 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
法律英语模拟试卷 （时间：；地点：教室；方式：闭卷） （考试范围：） 1、两列单词、词组配对（将右列合适的答案的序号填入左列单词、 词组括号前） 涉及单词、词组： case law 案例法 common law legal system 普通法系 delegated legislates 委托/授权立法 attorney 检察官 bar association 律师协会 the Socratic Method 苏格拉底教学法 Associate Justice 助理大法官 separation of power 三权分立 judicial process 司法程序/审判过程 judicial interpretation 司法解释 house counsel 企业法律顾问 obiter dictum 法官判决中的附带意见 due process 法定诉讼/正当程序 stare decisis 遵循先例 concurring opinion 附议意见 case reporter 案例汇编 parallel citation 平行援引 discretion 自由裁量权persuasive precedent有说服力的先例 bill 议案 2、单词与句子配对（填空/名词解释） （12小题） 涉及单词： defendant 被告 adjudicate 判决 review 复审 plaintiff 原告 statutory law成文法 jurist 法学家 legislation 立法 opinion 法官判决意见 constitution 宪法 judgement 判决结果 instrument 法律文件 construction 法律解释 3、改错题（一个句子中有一个拼错的词，要改正） （10小题） 涉及单词、词组：