法律英語課后問題整理

1、精選優(yōu)質(zhì)文檔-傾情為你奉上第一單元：LEGAL SYSYTEM主課文：1. The common law tradition originated in England. The decisions of the royal courts became the law common to the whole kingdom, the common law.2. Both law and equity are part of what is called the common law.3. Louisiana: civil law, the others: common law4. The ex

2、pression “civil law”, in Latin jus civilis, literally means the law of the citizens of Rome. Now the civilian jurists refer to what we call private law simply as “the civil law”( persons, property and obligations)5. In common law countries ,cases are usually considered to be the primary source of la

3、w. In civil law countries, cases are not a source of law.6. Civil law jurists will consider the civil code as an all encompassing document. On the contrary in common law jurisdictions legislation tends to be considered as an exception to the case law.7. American legal education is very original and

4、in many respects unique. The case method or Socratic method is peculiar to this country.8. No, only through the postgraduate degree.9. The case method is important in America, in other countries, the teaching style is magisterialthe professor express the law to his or her students, who take notes an

5、d do not intervene in class.10. The professors play an important role in defining the law in civil law system, while the judges in the common law system.副課文：1 The decisions of judges ,or of other officials empowered by the constitution or laws of a political entity to hear and decide controversies ,

6、create case law. As the name “case law” suggests, a particular decision ,or a collection of particular decisions ,generate law-that is ,rules of general application.2 From the point of view of parties to a lawsuit or other contested controversy , what matters is the immediate outcome ,the result the

7、 tribual reaches in their case .The decision has immediate and special significance. In the view of judges ,lawyers and law students ,however ,the decision takes on broader perspective .The decision becomes a possible source of general applicable case law.3.In any judicial system rules of law arise

8、sooner or later out of such decisions of cases , as rules of action arise out of the solution of particular problems .These generalizations contained in , or built upon, past decisions ,when taken as normative for future disputes ,create a legal system of precedent.4.A court that follows precedent m

9、echanically or too strictly will at times perpetuate legal rules and concepts that have outlived their usefulness.5.The problem is how to maintain an acceptable accommodation of the competing values of stability in a law ,served by adherence to precedent ,and responsiveness to social change ,which m

10、ay call for the abandonment of an outworn legal doctrine. this problem of stability versus change will be a recurring theme in the casebook6.stare decisis:doctrine of precedent ,as a precedent ,or potential precedent ,for future cases. Res judicata:as an authoritative settlement of a particular cont

11、roversy then before the court.7.res judicata 8.A court of last resort in one state does not consider itself bound to follow another states case law rules ,but it will carefully consider the outstate decisions and ,if it finds their reasoning persuasive ,make use of them as sources of guidance and ju

12、stification.9.However hospitable a court of last resort may be to persuasive authority from other jurisdictions ,an outstate case is not as authoritative and should not be assigned the same force as a true “precedent”.10. The difference in degree of influence is much like the difference between the

13、holding of a case and dictum in a judicial opinion, the “holding” being fully authoritative and generally binding and the “dictum” only ,again ,persuasive authority.第二單元 COURT SYSYTEM主課文：1. limited to civil suits involving relatively small amounts of money and to minor violations of the criminal law

14、.2. A court empowered to try all kinds of cases ,without monetary or subject matter limitation.3. To review the action of the lower judicial tribunals of the state. This is the exercise of appellate jurisdiction.4. （1）a vast increase in appellate litigation which , particularly in the more populous

15、states , soon led to hopeless congestion of the dockets of the state courts of last resort.(2) empowered to strain out and finally dispose of the bulk of appellate litigation-cases.5. The landmark statute in the evolution of the federal judicial system.6 .Normally presided over by a single judge , a

16、lthough there are a few situations ,chiefly cases in which injunctions are sought on federal constitutional grounds against the enforcement of state or federal statutes, in which a three-judge court must be convened.7.(1)the jurisdiction of a District Court of the United States must be based either

17、on the character of the controversy or on the character of parties to the controversy. (2)within one or another of three categories: cases to which the United States is a party, which includes both civil cases in which the United States is plaintiff or defendant and all prosecutions for violation of

18、 federal criminal statutes: cases involving a “federal question” ,which means a question involving the interpretation or effect of a provision of the Constitution or of a federal statute or regulation: cases involving “diversity of citizenship”, that is ,suits between citizens of different states of

19、 United States.8.federal court: The historical origins of “diversity of citizenship” jurisdiction derive from a concern of former times that a citizen of one state might not be fairly treated in the courts of the state of his adversarys residence ,and even this old concern is inapplicable when the d

20、efendant is ,so to speak, sued on his own home grounds.9.can be secured only by a :petition for a writ of certiorari ”.As a matter of Supreme Court practice ,if four or more of the nine justices vote to take the case, that is , to hear and decide it on its merits, the Court will “grant certiorari.”1

21、0. If appeals to the supreme court were available in all cases ,the court would be swamped with ordinary appeals and unable to give full and deliberate consideration to the great cases it must decide with finality as umpire of the federal system, authoritative guardian of the constitutional libertie

22、s and final overseer of the consistency and substantial justice of the general law administered in the courts of the United States.第三單元：CONSTITUTIONAL LAW副課文：1.（1）every court ,federal and state (2)The USA Supreme Court has the final say2.NO. these provisions are organizational and jurisdictional. Th

23、ey create the Supreme Court ,but “supreme” means only “highest”, designating a place ih the hierarchy but not the Courts authority.3.The power of judicial of review was established by the Courts decision in the 1803 case of Marbuary v. Madison.4.The constitution is law , Courts interpret law. Theref

24、ore courts interpret the Constitution.5.In adopting the Constitution the states had ceded some of their sovereignty to the federal government.第四單元：CRIMINAL LAW主課文：1. Typical forms of punishment include death ,imprisonment , fine , removal from public office or disqualification from holding public of

25、fice ,probation ,and restitution.2. (1)Civil violations are often referred to as torts. A society is considered to be a wrong against all of society ,whereas a tort is considered to be a private matter between the parties directly involved.(2)The second distinction involves the persons who actually

26、prosecute the case. A specially designated state prosecutor or federal official directs the proceedings when crimes are involved .However, in tort action the individual against whom the wrong has been commited generally hires an attorney to process the claim.(3)Third, although one who commits a crim

27、e may be required to provide some forms of monetary restitution to society or to the victim, additional punishments are also available. Only fines are available in tort law. Rather, tort restitution relies primarily on monetary compensation.(4)Finally，compensation paid individuals who have sued othe

28、rs in civil courts is called damages.3.Civil damages are categorized as general , special ,and punitive. General damages compensate for any specific and demonstrable harm that has been caused .Special damages involve compensation for “conscious pain and suffering.” Finally, punitive damages are awar

29、ded at the discretion of the jury, or as required by statute, if it is found that the behavior of the actor was the result of an intentional disregarded for the safety or well-being of others.4.Substantive criminal law defines crimes and established publishments. Criminal procedural law outlines the

30、 procedures that must be followed. Thus, substantive law informs society as to what behavior is acceptable or unacceptable ,whereas procedural law directs the state as to the proper methods for apprehension and adjudication.5.Miranda warnings. Until the Miranda warnings have been given, however , an

31、 individual cannot be lawfully arrested unless the police have probable cause to believe a crime has been or is being commited: That is ,a particular substantive law must first be violated before the state will begin its investigation.6.Felonies , misdemeanors and infractions7.The length or place of

32、 punishment often distinguishes a felony from a misdemeanor. Another way to distinguish felonies from misdemeanors is by the so-called in presence rule.8.They are not same, motives is defined as the “cause or reason that moves the will and induces action”. Intent relates to the state of mind at the

33、time of the commission of the unlawful act. Failure to establish an unlawful intent must result in acquittal.9.mens rea , actus reus and causation10.(1)the mere fact that a harm occurs does not necessarily mean a crime has been committed. (2)if a person does not have a legal duty to act and in fact

34、does not act, then that person cannot be held legally accountable for the unlawful acts of others. (3)causation is considered to be the logical coming together of the mens rea and actus reus,resulting in a criminal wrong.第五單元：CRIMINAL PROCEDURE副課文：1. Yes. first the human rights. second, convict inno

35、cent means that you just do two wrong things.2. The prosecutors. At the end of the presentation of the states evidence .the grand jury members vote. Majority rule prevails.3. An arrest occurs when a peace or police officer takes a suspect into custody for the purposes of charging the individual with

36、 a crime. Arrests may also occur after an official arrest warrant has been issued by a magistrate or judge. The arrest may result from the police officers own perception that a crime has been or is about to be committed .In order to get a warrant ,the official must convince the court that criminal a

37、ctivity has been or is being committed ,since courts may not issue warrants unless there is probable cause that criminal activity is afoot.4. The decision to prosecute largely depends on the strength of the states case against the accused. others:(1)attitude of the victim(2)cost to the system(3)harm

38、 to the suspect(4)adequate alternate procedure available and (5)suspects willingness to cooperate with law enforcement.5. The magistrate or the preliminary hearing jury. Decide whether the state had probable cause to arrest the accused.6. At the arraignment, the accused must make a plea. The arraign

39、ment is important also because the defendant is again informed of the charges , counsel is appointed (if the defendant is indigent), and bail is established.7. The voir dire is the process used to select a jury. The peremptory challenge ,allows either side to have prospective jurors excused without

40、having to specify a particular reason. The challenge for cause , allows for the exclusion of a juror only if the excluding party (defense or prosecution)demonstrates that the individual cannot be impartial or cannot otherwise handle the responsibility of making a rational decision.8. Typically ,jury

41、 instructions are not formulated by the judge , prosecution, or defense . Rather , “form” instructions are taken from standard jury instruction forms that have met the particular states basic requirements .These instructions are designed to be simple enough for the average juror to understand yet co

42、mplete enough to avoid any potential reversible errors on appeal.9. If a mistrial occurs, the defendant may be required to go through the entire process again, since a retrial resulting from a mistrial does not constitute double jeopardy.10. Possible sentences are outlined in the stage statues and a

43、re occasionally determined by the jury but usually by the judge. Sentences may be suspension, probation, jail term, fine, disqualification to hold public office or even capital punishment.第六單元：CIVIL PROCEDURE副課文：1. The lawyers first task is to ascertain “the facts”. The facts your clients alleges ca

44、n be proved, and that they make a legal violation, you will now have to determine in what court you will “bring your action.”-what court has the jurisdiction.2. (1)do nothing.(2)serve(and/or file in court) a motion to dismiss for failure to state a claim.(3)serve (and/or file) an answer(4)serve(and/

45、or file) an affirmative defense.3. If it is granted , usually the plaintiff will be given an opportunity to “replead”. If the motion to dismiss is denied , and the defendant has, in addition to moving to dismiss, controverted the plaintiffs allegations of fact, the case will go to trail. If she does

46、 not dispute the facts, there is no need for a trial .The case proceeds directly to judgment , on the law, which may be reviewed on appeal.4. You may have “objections” to the introduction of evidence , for example , on the ground that the evidence is inadmissible as hear say. If the court, after the

47、 defendants objection , lets the evidence in, defendant will “ except” to the ruling and so preserve her right to challenge the ruling on appeal if the jury verdict goes against her.5. The judge gives her instructions to the jury as to the applicable law of the case. What usually happens is that eac

48、h side draws up draft instructions and submits them to the judge. The judge then looks at the draft instructions submitted by both sides and decides which ones to give to the jury. Each side in the litigation may: (1)except, i.e. , record objections ,to any instruction or part thereof , which he bel

49、ieves is an erroneous statement of the law; or (2)except to the refusal of the judge to give his instruction.6. Most jury verdicts are general ,a statement of result in some such form as “ We, the jury , find for the plaintiff in the sum of 5000”.So-called “special” verdicts , by which the jury answers specific questions of fact submitted to it by the judge ,are becoming more frequent.7. The answer is that we require as a matter of law a minimum amount of evidence to support the jury verdict. 8. The usual rule is that a