财神到歌曲法律英语教程答案

2021年1月20日发(作者：章恒)
法律英语教程答案


【篇一：法律英语课后习题大全】

how was common law established?

answer: the common law tradition originated in england. a
new legal order was established as early as 1066 by the
norman conquest, but the common law did not exist in
m the conqueror did not abolish the local customs
and the local courts. local courts continued to apply local
customs. there was no law common to the whole kingdom. the
king did however establish some royal courts at westminster.
their jurisdiction was at first very limited but eventually
expanded to the point where the local courts fell into disuse.
the decisions of the royal courts became the law common to
the whole kingdom, the common law.

does the common law tradition include according to
the text? answer: according to the text, the common law
tradition includes law and equity.

different is the legal system of louisiana from the rest of
the united states?

answe

r: the common law was received in many countries such as
united states, but the louisiana excepted, because where the
civil law was in place before the united states gained
jurisdiction.

4
．
what does “civil law ”mean?


answer: the expression “civil law ”,in latin jus civilis, literally
means

the law of the citizens of rome. it is the law of the city of rome,
the law applied to a citizen (in latin, civis) of rome as opposed
to the law applied to a non-citizen.

is the main difference between the civil law system and
common law system?

answer: first and foremost, cases are usually considered to be
the primary source of law in common law countries, but in civil
law countries, cases are simply not a source of law---at least in
theory. civil law jurist will consider the civil code as an all
encompassing document, but in common law jurisdictions
legislation tends to be considered as an exception to the case
law.

different attitudes do the civil law system and the
common law system hold towards case law?

answer: cases are usually considered to be the primary
source of law in common law countries, but in civil law
countries, cases are simply not a source of law---at least in
theory, but cases are becoming more and more relevant in civil
law countries, but the attitudes of civilians and common
lawyers toward legislation and cases differ greatly.

is significant about the american legal education? how
is law school teaching different from ours?

answer: american legal education is very original and in many
respects unique. legal education tends to be longer than other
common law

countries; law is a postgraduate degree in the u.s.

the teaching style is magisterial ----the professor exposes the
law to his or her students, who take notes and do not intervene
in class.

8. is law degree an undergraduate degree in the u.s.? how do
people get a law degree in the u.s.?

answer: no, the law degree is a master degree in the u.s., the
students must have at least a bachelors degree in some area
of study, and then to study the law and get the law degree.

9. can you compare the legal method employed in the
american legal education and the legal method used in other
countries?

answer: american legal education is a very original and in
many respects unique. the case method or socratic method is
peculiar to this country .it must be clear to you by now that the
case method could not have been thought of in a civil law
country. in those countries (as in the case in england) law is an
undergraduate degree. legal education tends to be longer than
in the united states. the teaching style is magisterial-the
professor exposes the law to his or her students, who take
notes and do not intervene in class.

10. who play an important role in defining the law in civil law
system, law professors or judges? what about the common
law system?

answer: law professors, because civil law students will read
law doctrine more than cases. the doctrine is the cumulated
writings of

law professors on what the law is or should be. in civil law the
doctrine is considered to be a source of law and a highly
respected one. you have to remember that the university, not
the courts, reintroduced the civil law in continental europe. it is
therefore not surprising that law professors still have an
import role in defining the law. common law professors
generally do not enjoy a similar prestige within their own
jurisdiction. here the judges get most of the prestige. 1. how is
case law created?

the decisions of judges, or of other officials empowered by the
constitution or laws of a political entity to hear and decide
controversies, create case law.

2. what dose a particular decision mean to the parties to a
lawsuit?

to the lawyers, judges, and law students?

1) from the point of view of parties to a lawsuit or other
contested

controversy, what matters is the immediate outcome, the
result the tribunal reaches in their case. it means wether the
aggrieved party or damaged party will obtain a remedy.

2) 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. according to professor llwellyn, what creates a legal system
of

precedent? why and when?

1) those generalizations contained in, or built upon, past
decisions

create a legal system of precedent.

2) because as rules of action arise out of the solution of
particular

problems, in any judicial system rules of law arise sooner or
later out of such decisions of cases, weather or not such
formulations are desired, intended or consciously recognized.

3) when those generalizations are taken as normative for
future dispute,

a legal system of precedent created.

4. what might happen if a court follows the precedents

mechanically?

a court that follows precedent mechanically or too strictly will
at times perpetuate legal rules and concepts

5. what is the problem remaining in the legal system
recognizing past decisions as authoritative sources of law for
future cases?

the continuing problem in a legal system that recognizes past
decisions as authoritative sources of law for future cases is
how to maintain an acceptable accommodation of the
competing values of stability in a law, served by adherence to
precedent, and responsiveness to social change, which may
call for the abandonment of an outworn legal doctrine.


6. explain these two latin terms: “stare decisis” and “res
judicata”?

【篇二：法律英语教程第
2
单元
text a
翻译】


高法院以
“
一种强烈地分裂的争议
”
的方式谈及了堕胎案 ，这种争议
“
有寻常案件的判决所不具有的维度
”
。这种
“
罕见的有先例的力量
”
在
“
最高法院对宪法的解释要求国家级争议中争先的一 方通过接受一
项普通的指令来停止其国家分裂行为，这一指令通常是有碍的而且
有先例的会产生 寻常非宪法案件中产生的司法裁定。（？）
”


第二，尝试都没有考虑“
测试性的个案
”
诉讼，这种诉讼现在在最高
法院以及下级的联邦法院例 行公事地考虑。许多讼案都是超越了任
何一方的私人利益的真正地
“
公开法律诉讼”
。在整体上，焦点反而
几乎只在被提起的议题以及他们对公众的影响上。一个例子就是集
体诉讼案，在其中，最初的原告以及他
/
她的问题可能就是全部，但
却有可能 被遗忘，但是诉讼无论如何会代表着处于相似境遇的待定
的一群人继续下去。

最终，一如将要在下一部分被讨论和在案件中被展示的，宪法条款
的解释将远异于法庭将涉及的“
寻常
”
颁布的法律的解释。确实，一
些人暗示美国的宪法审查根本就不 是司法的，它被更准确地描述为
被
“
小心地隐藏
”
在法庭终止法律的
“
谎言
”
背后的。我们早已看到
“
司
法的哲学”
是怎样被感受到
/
在司法决策中发挥着重要的作用的。许多
“
司法哲学
”
的元素都触及了基本的政治价值这一点是很清楚的。如
果这一点需要证据， 那只需要看一看司法选举的过程即可，尤其是
在最高法院级别的，它们作为一种党派选举运动是最政治化 和最怀
恶意的。

【篇三：《法律英语文本教程》答案】


t>unit one

part i reading and understanding

exercises i

1.c 2.d 3.b 4.c 5. b 6.b 7.a 8.c

exercises ii

1.i 2.e 3.b 4.f 5.j 6.a 7.c 8.g 9.d10.h

exercises iii

1.
索赔法院
courts of appeals
海关法院
tax courts
军事上诉法
院

2.
刑事法院
circuit courts civil courts
未成年人法院

遗嘱检验
法庭

3.
联邦贸易委员会

证券交易委员会

核管制委员会
interstate
commerce commission
联邦电讯委员会

exercises iv

1.d 2.j 3.a 4. e 5.h 6.f 7.b 8.g 9.i 10.c

exercises v

1. gave top priority to

2. take an appeal to a higher court

3. vests the president with the power to declare war

4. no jurisdiction over

5. in compliance with

6.
我相信证人的证词。

7.
请将你的合同文本作相应的修正。

8.
几乎所有的成员都同意这项提议。

9.
成文法阻止高等法院复查这样一个裁决。

10.
对别国事物的这种干涉开了一个先例，我们希望其他国家不要模
仿。
part ii practice of legal terms

1.
单位犯罪的，对单位判 处罚金，并对其直接负责的主管人员和其
他直接责任人员判处刑罚。本法分则和其它法律有规定的，依照 规
定。

2.
人民法院审判案件，除本法另有规定的以外，一律公开进行 。被
告人有权获得辩护，人民法院有义务保证被告人获得辩护。

3.
有必要查证这些说法的真实性或虚假性。