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法律英语课后答案.txt

1、法律英语核心教程(1-3单元)练习答案Unit 1 Introduction to LawText IComprehensionQuestions about the text1. T 2. F 3. T 4. T 5. T 6. T 7. T 8. T 9. T 10. TVocabularya. 5 b. 12 c. 2 d. 1 e. 9 f. 4 g. 18 h. 16 i. 14 j. 13k. 20 l. 11 m. 6 n. 3 o. 17 p. 7 q. 15r. 8 s. 10 t. 19EXERCISESBlank filling1. sanctions 2. coerci

2、on 3. enacts , enforce 4. induced 5. implemented 6.evicted 7. litigation 8. legitimate 9. penal 10. embodies 11. justify 12. adjudicateGrammarA. Articles1. A 2. B 3. B 4. C 5. D 6. C 7. A 8. A 9. D 10. BB. Numerals1. 历史已经进入了90年代。2. 阅读文章的长度逐渐加大,前几单元每篇文章大约500字,后几单元文章的长度已增加到前面的三倍。3. 第二部分的三个章节需要重写。4. 那座

3、城市距这里大约16到20英里。5. 他比你有男子汉气概得多。 C. Partial translation1. annulled the economic sanctions 2. make restitution3. the shopkeeper was innocent4. conjure up a picture 5. Lu Xun couldnt help conjuring up6. Stop complaining about him7. she decided to make a complaint in the court of law 8. regardless of pas

4、t setbacks and failures9. by contrast with Harrys10. in that it helps us to rectify our mistakesCloze1 can 2 any 3 whenever 4 which 5 more 6 that 7 may 8 will 9 those 10 except Translation1 双方或多方之间存在争议,或者当事人为各自已实施的行为或打算实施的行为的后果寻求指导时,就有必要把法律应用到各种具体的事实情形之中。2 在美国,行使立法和执法功能的是联邦和 的立法 行 法三个 分 导 的各行 。3 人 法

5、律这 概 的 了 法 法 和律 法律 人, 了 法 , 了 currency1“法律fi fl法和currency1美国 法fi 法。4 As a rule for conduct, both customs and laws are forms of social ideology, inseparable from peoples practical experience. Law is not only a set of rules for conduct, but also a means to specify duties and promote social justice.5 L

6、aw is a rule for conduct enacted or acknowledged by the state, enforced bystate coercion, specifying rights and duties, and thus universally applicable insociety.Topics for Discussion1. It is difficult to define the term “law” because law is related to and closely interwoven with so many aspects of

7、our life and it can mean so many different things to different people. Law experts can not agree with one anotherin terms of the real sense of the term because they often approach this difficult phenomenon from essentially diverse perspectives. 2. See Paragraphs 4 private Acts only affect a limited

8、sector of the populace, either particular people or people within a particular locality.5. The parliament.6. Legislation is a countrys written law made by the parliament; delegated legislation is law made by some person or body to whom parliament has delegated its general law making power.7. Judges8

9、. The House of Lords9. Because when the court is unable to locate a precise or analogous precedent it may refer to legal textbooks for guidance and assistance.10. It has to satisfy stringent test.Vocabularya-1 b-13 c-6 d-14 e-5 f-9 g-10 h-12 i-15 j-11 k-2 l-3 m-9 n-4 o-8 Paraphrase1. Delegated legis

10、lation has to be considered as a source of law in addition to general Acts of Parliament, but it is subordinate to general Acts ofParliament. 2. When statute law does not cover a particular area or when the law is silent generally it will be necessary for a court that decides cases relating tosuch a

11、n area to determine what the law is. When the court determines the applicable law, it inescapably and unarguably creates law.3. As the highest court in the land, the House of Lords can create or extend the common law. Its active stance is shown by a relatively contemporary example in which it overru

12、led the longstanding presumption that a man could not be guilty of the crime of rape against his wife.4. The romantic view of the common law is that it represented those common customs that have been incorporated by the judiciary into the sources of law.EXERCISESBlank Filling1. legislative 2. propor

13、tional 3. obligatory 4. establishment 5. eminence 6. altered 7. representative 8. customary 9. increasingly 10. distinctError Correction1. is are2. worth worthy 3. deciding decided4. to drive on5. tell tellsGrammarA. Multiple choice1. b 2. a 3. c 4. b 5. a 6. d 7. d 8. a 9. c 10. aB. Partial transla

14、tion1. When the national law and the international are inconsistent, two important principles can help to resolve the conflict.2. The various state constitutions represent the highest law of their states.3. As a result, there is an increased significance to understand national and international laws

15、.Cloze1. supreme 2. similarly 3. force 4. approved 5. legislatures 6. power 7. interest 8. lacking 9. left 10. major 11. Despite 12. covered 13. judges 14. handling 15. precedents Translation1. 法体 ,”法有的 部分人,他 或者是 的人 ,或者是在 里的人。2. 有约 的 法是法体的 个 ,这是 个 的 法 在 的情形中 了法律 的立,那 在 案情 的 案中,法 的 。3. 在英国的法 , 法 者写的

16、用,这 多大国的法 。 前在英国 用法 者的 得到 ,” 几个有 的 人 。 这个 了, 的 者 增加了。4. At present, there are over 3000 laws and regulations in China, covering the areas of politics, economy, military affairs, culture, science and technology, education, marriage and family.5. Under the guidance of building socialism with Chinese c

17、haracteristics developed by Deng Xiaoping, China has embarked on the road of rule by law and entered a new course of democracy and legal system.Topics for discussionA. Before your discussion, you should get some materials related to the sources of Chinese law after class. Make a careful comparison t

18、o find out the differences, then discuss with your classmates to see whether the result you have got is the same as your classmates.B. You can talk about the overall picture of the status of the judicial decisionin China. If you cannot manage it, you may just list one or two instances to show your a

19、wareness of it.C. To facilitate the discussion about this topic, you can talk about the situation in a certain country that you are most familiar with.WritingParagraph A(1), (6), (4), (7), (3), (2), (5)Paragraph B:(3), (2), (6), (1), (4), (5)Text IIQuestions1. International law, domestic law2. No. T

20、hey are classified according to different criteria and may be overlapping.3. The state.4. Civil law systems are codified systems, and the basic law is found in codes;common law resisted codification. It is not based on Acts of Parliament but on case law.5. Because common law is based on case law, wh

21、ich relies on precedents set by judges to decide a case.Text IIICase Reading (I)Questions1. The first part is the citation which gives us the information about theplaintiff and the defendant, the court that decided this case and the time when the judgment was entered into, etc. The second part is th

22、e facts and background of the case. The third part is the judges reasoning and ruling.2. Megaw and Stephenson LJJ agreed with the ruling; Lord Denning MR dissented.3. Because the plaintiff enjoyed the prospect of remarriage, which the defendant thought should be taken into account in the judgment. H

23、owever, when the judgment was entered on 30 July, the judge assessed the plaintiffs damages without taking into consideration the plaintiffs prospect of remarriage as if the 1971 Act which was to come into effect on 1 August were already in force.4. Because the judges thought Parliament had ordained

24、 that up to that date, 1st August 1971, the law was to remain as before. In the first ruling, thejudge applied the 1971 Act which had not yet come into force. Thus the decision was wrong and contrary to law. It ordered the defendant to pay money which, in law, the defendant could not lawfully be ord

25、ered to pay to the plaintiff.Case Reading (II)Questions1. This case is about the compatibility of United Kingdom legislation with Community law. When it is not compatible with Community law, Community law prevails.2. The plaintiff / the applicant of this case is English companies with most of their

26、directors and shareholders Spanish nationals. The defendant is Secretary of State for Transport, ex parte Factortame Ltd.3. UK legislation is in conflict with Community law in this case because it is contrary to the provisions of Community law and, in particular, to art 52 of theEEC Treaty for a mem

27、ber state to stipulate the following (a) and (b) as conditions for the registration of a fishing vessel in its national register. (a) The legal owners and beneficial owners and the charterers, managers and operators of the vessel must be nationals of that member state or companies incorporated in th

28、at member state, and that, in the latter case, at least 75% ofthe shares in the company must be owned by nationals of that member state or by companies fulfilling the same requirements and 75% of the directors of the company must be nationals of that member state; (b) The said legal owners and benef

29、icial owners, charterers, managers, operators, shareholders and directors, as the case may be, must be resident and domiciled in that member state;Unit 3 Legal SystemsText ICOMPREHENSIONQuestions about the Text1. The four principal legal systems in the world are Romano-Germanic (civil law), common l

30、aw, socialist law, and Islamic law.2. The Romano-Germanic systems predominate in Europe, in most of the former colonies of France, Germany, Italy, Spain, Portugal, and Belgium, and in countries that have westernized their legal systems in the nineteenth and twentieth centuries.3. Common-law systems

31、are predominant in English-speaking countries.4. Islamic systems are found in the Middle East and some other parts of the world to which Islamic religion has spread.5. Socialist legal systems prevail in the Peoples Republic of China, Vietnam, Cuba, and North Korea.6. The Romano-Germanic law has deve

32、loped on the basis of Roman civil law. The foundation of this system is the compilation of rules made in the sixth century A.D. under the Roman emperor Justinian. They are contained in the Code of Justinian and have evolved essentially as private law. After the fall of the Roman Empire, the Code of

33、Justinian competed with the customary law of the Germanic tribes that had invaded Europe. The code was reintroduced in law schoolcurricula between A.D. 1100 and 1200 in northern Europe, then spread to other parts of the continent. Roman law thus coexisted with the local systems throughout Europe up

34、to the seventeenth century. In the nineteenth century, the Napoleonic codes, and subsequently, the code of the new German Empire of 1900 and the Swiss code of 1907, are examples of the institutionalization of this legal system.7. Common law is “judge-made” law while Romano-Germanic law is enacted la

35、w. The divisions of the common law, its concepts, substance, structure, legal culture, vocabulary, and the methods of the common-law lawyers and judges are very different from those of the Roman-Germanic, or civil, law systems.8. The three objectives of classical socialist law are: First, law must p

36、rovide for national security. Second, law has the economic task of developing production and distribution of goods on the basis of socialist principles so that everyone will be provided for according to his needs. The third goal is that of education: to overcome selfish and antisocial tendencies tha

37、t were brought about by a heritage of centuries of poor economic organization.9. The source of socialist law is legislation. Socialist law rejects the idea of separation of powers. The central notion of socialist law is the notion of ownership. Socialist law is unique with respect to “socialist” own

38、ership, of which there are two versions: collective and state. 10. Islamic law is derived from four principal sources. They include the Koran, the word of God as given to the Prophet. This is the principal source of Islamic law. The second source is the Sunna, which are the sayings, acts, and allowa

39、nces of the Prophet as recorded by reliable sources in the Tradition (Hadith). The third is judicial consensus; like precedent in common law, it is based on historical consensus of qualified legal scholars, and it limits the discretion of the individual judge. Analogical reasoning is the fourth prim

40、ary source of Islamic law. Vocabularya-9 b-11 c-15 d-14 e-17 f-10 g-16 h-19 i-1 j-6 k-2 l-18 m-3 n-4 o-7 p-5 q-12 r-8 s-13Paraphrase 1. Today, most European countries have national codes, and these codes have developed on the basis of both customary and Roman law. As a result, their legal systems be

41、long to the Romano-Germanic legal systems.2. Although it has many forms, if we look at the history, we can find thatthe origin of the socialist legal system is the 1917 Bolshevik Revolution. This revolution produced the Union of Soviet Socialist Republics.3. According to their ideal, they must stren

42、gthen and increase the power of the state so that they can prevent attacks on the socialist state and make sure that different nations can exist at the same time peacefully. 4. The third is judicial agreement; like precedent in common law, it is based on the collective opinions that qualified legal

43、scholars agreed upon in history, and when the individual judge makes a decision, he has to consider those opinions.5. In the same way, if a female and a male have been hurt in the same crime, the female would get half the compensation a male would receive, since a male has the right to get an inheri

44、tance which is twice that of female.EXERCISESBlank Filling1. enactment 2. statutes 3. predominated 4. inflicted 5. doctrine 6. consensus 7. precedent 8. consolidated 9. discretion 10. integralError Correction 1. dealing in dealing with2. like alike3. alternate alternative4. rises arises 5. insist fo

45、r insist onGrammarA. Multiple choice1. D 2. A 3. D 4. B 5. C 6. B 7. D 8. A 9. A 10. AB. Partial translation1. on the basis of 2. in the form of3. brought about4. as well as5. coexisted withCloze1.code 2.fashion- 3.therefore 4.subordinate 5.confusingly piled 7.terms 8.however 9.based on 10.nor 11.co

46、nsolidate 12.enact 13.cases 14.referred to 15.orTranslation1. 法法 为 个自 的法律体,在 大 生发展。在这种法律的形 过程中,殖 的 法运动 各种重要的法尤其是十九世纪的法,都起了 用。2. 法, 括几种 有的法律传 , 认为是世界 两大法律体之 , 是两个最有 的法律体之 。3. 当然,东 和前苏联传 看 社会主义法律体,这 映了其马思列宁主义的源头和意识形态。 4. Generally speaking, the legal system in new China develops by imitating thatof th

47、e former Soviet Union and is therefore a socialist one. However, if we lookinto history we can still find traces of the Roman tradition.5. In China, court verdict, including that of the Supreme Peoples Court, has no binding power over the later verdict of other courts. Judges usually make their verdict based on promulgated laws.Topics for DiscussionA. First make a comparison between “judge made”

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