法律英语核心教程(1-3单元)练习答案

Text I
Comprehension
Questions about the text
1. T        2. F        3. T        4. T        5. T        6. T        7. T        8. T        9. T        10. T
Vocabulary
a. 5         b. 12       c. 2         d. 1         e. 9         f. 4         g. 18       h. 16       i. 14     j. 13
k. 20       l. 11        m. 6        n. 3         o. 17       p. 7         q. 15       r. 8         s. 10              t. 19
EXERCISES
Blank filling
1. sanctions               2. coercion                 3. enacts , enforce             4. induced   5.  implemented       6.evicted         7. litigation                     8. legitimate      9. penal             10. embodies      11.  justify               12. adjudicate
Grammar
A. Articles
1. A   2. B   3. B   4. C   5. D   6. C   7. A   8. A   9. D   10. B
B. Numerals
1.       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 translation
1.       annulled the economic sanctions
2.      make restitution
3.      the shopkeeper was innocent
4.      conjure up a picture
5.      Lu Xun couldn’t help conjuring up
6.      Stop complaining about him
7.     she decided to make a complaint in the court of law
8.     regardless of past setbacks and failures
9.    by contrast with Harry’s
10.  in that it helps us to rectify our mistakes
Cloze
1 can                   2 any             3 whenever            4 which               5 more
6 that                    7 may            8 will                    9 those                  10 except
Translation
1．  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州政府的立法、行政、司法三个权力分支以及政府领导下的各级行政机构。
3．  人们对法律这一概念的理解也许包含了诸如法官、警察、法警和律师等法律从业人员，包含了诸如法庭、监狱等从业场所，也包含了诸如《布莱克法律词典》、刑法典和《美国统一商法典》等法学巨著。
4．  As a rule for conduct, both customs and laws are forms of social ideology, inseparable from people’s practical experience. Law is not only a set of rules for conduct, but also a means to specify duties and promote social justice.
5．  Law is a rule for conduct enacted or acknowledged by the state, enforced by state coercion, specifying rights and duties, and thus universally applicable in society.
Topics for Discussion
1.       It is difficult to define the term “law” because law is related to and closely interwoven with so many aspects of our life and it can mean so many different things to different people. Law experts can not agree with one another in terms of the real sense of the term because they often approach this difficult phenomenon from essentially diverse perspectives.
2.       See Paragraphs 4 & 5 for a detailed distinction between these terms.
3.       No. Many laws also confer rights to citizens besides prescribing obligations.
Yes, such as the Labor Law which states laborers’ obligations as well as their rights.
4.       Weber’s definition of law, taking a sociological perspective, is perhaps the most influential among those provided by legal theorists such as Hoebel, Radin, Cardozo, Holmes, Selznick and Akers, but it is not without deficiency. For instance, as already pointed out by some legal theorists, his definition fails to properly address the following issues. For one thing, Weber places too much emphasis on coercion and ignores other considerations that may induce individuals to obey the law. For another thing, his use of a special staff in the definition of law limits the use of the term law in cross-cultural and historical contexts. It is Donald Black whose clarification and modification of Weber’s conceptualization of the term have made it more comprehensive and acceptable.
5.       Beyond the national level, there can be multinational and international institutions such as the European Union (multinational) and the United Nations (international).
Text II
Questions
1. If there were no law, there would be much destruction of life and property and temporary reigns of terror. Instead of increasing personal freedom, a state of anarchy virtually destroys personal freedom for all but the most powerful and savage of individuals. Were there no rule of law, there would be just disorder, death and chaos in our society.
2. A balance should be struck between anarchy and totalitarianism so that the positive things that law can do for us are not strangulated by the tyranny of the “law and order” offered by the totalitarian state.
3. Law solves disputes by bringing a disputed matter before a justice of the peace and settles the dispute quietly by rules of law on which all agree.
4. Law provides peace and order in society by creating an environment in which people can work and invest and pursue pleasure with a reasonable expectation that their activity is worth the effort. Without an orderly environment based on and backed by law the normal activities of life would be lacerated with chaos.
5. Laws protect us and our property by punishing those who steal and do bodily harm and by permitting crime victims to sue for monetary damages. The law has created police and sheriffs’ departments, district attorneys’ offices, courts, jails, and death chambers to deter and punish the criminal and to help people feel secure.
6. Besides those functions already mentioned, laws and the institutions and programs may, through corporate endeavors, provide for the general welfare, such as providing for the common defense, educating young people, putting out forest fires, controlling pollution, and caring for the sick and aged.
Text I
Comprehension
Questions about the Text
1.       The sources of English law are: Community law, legislation, delegated legislation, case law, legal textbooks, and custom.
2.       Community law.
3.       Regulations, directives and decisions.
4.       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.
5.       The parliament.
6.       Legislation is a country’s 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.       Judges
8.       The House of Lords
9.       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.
Vocabulary
a-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
Paraphrase
1.       Delegated legislation has to be considered as a source of law in addition to general Acts of Parliament, but it is subordinate to general Acts of Parliament.
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 to such an 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 overruled 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.
EXERCISES
Blank Filling
1. legislative       2. proportional       3. obligatory          4. establishment            5. eminence
6. altered              7. representative    8. customary         9. increasingly             10. distinct
Error Correction
1. is à are
2. worth à worthy
3. deciding à decided
4. to drive ^ on
5. tell à tells
Grammar
A. Multiple choice
1. b    2. a    3. c    4. b    5. a    6. d    7. d    8. a    9. c    10. a
B. Partial translation
1. 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.
Cloze
1. 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
Translation
1. 公法影响全体公众，而私法只影响有限的一部分人，他们或者是特定的人群，或者是在特定地点里的人。
2. 有约束力的司法判例是普通法体系的一个特征，这是基于一个总的原则：一旦法院在特定的情形中确定了法律上的立场，那么在将来案情相同的任何案例中，法院也将达成同样的判决。
3. 在英国的法庭上，由法学作者所编写的书并不常被引用，这与许多大陆国家的做法相反。以前在英国引用法学作者的书很少得到许可，而且也仅限于几个有名的权威人士。近来这个规则放宽了些，可被接受的作者也增加了。
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 characteristics 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 discussion
A. Before your discussion, you should get some materials related to the sources of Chinese law after class. Make a careful comparison to 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 decision in China. If you cannot manage it, you may just list one or two instances to show your awareness 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.
Writing
Paragraph A
(1), (6), (4), (7), (3), (2), (5)
Paragraph B:
(3), (2), (6), (1), (4), (5)
Text II
Questions
1.  International law, domestic law
2.        No. They 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, which relies on precedents set by judges to decide a case.
Text III
Case Reading (I)
Questions
1.       The first part is the citation which gives us the information about the plaintiff and the defendant, the court that decided this case and the time when the judgment was entered into, etc. The second part is the facts and background of the case. The third part is the judge’s 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. However, when the judgment was entered on 30 July, the judge assessed the plaintiff’s damages without taking into consideration the plaintiff’s 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 that up to that date, 1st August 1971, the law was to remain as before. In the first ruling, the judge 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 ordered to pay to the plaintiff.
Case Reading (II)
Questions
1. 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 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 the EEC Treaty for a member 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 that member state, and that, in the latter case, at least 75% of the 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 beneficial owners, charterers, managers, operators, shareholders and directors, as the case may be, must be resident and domiciled in that member state;
Text I
COMPREHENSION
Questions about the Text
1.       The four principal legal systems in the world are Romano-Germanic (civil law), common law, 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 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 People’s Republic of China, Vietnam, Cuba, and North Korea.
6.       The Romano-Germanic law has developed 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 Justinian competed with the customary law of the Germanic tribes that had invaded Europe. The code was reintroduced in law school curricula 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 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 law. 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 provide 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 that 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” ownership, 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 allowances 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 primary source of Islamic law.
Vocabulary
a-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-13
Paraphrase
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 belong to the Romano-Germanic legal systems.
2.       Although it has many forms, if we look at the history, we can find that the 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 strengthen 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 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 inheritance which is twice that of female.
EXERCISES
Blank Filling
1. enactment          2. statutes                     3. predominated            4. inflicted             5. doctrine
6. consensus         7. precedent          8. consolidated             9. discretion          10. integral
Error Correction
1.       dealing in à dealing with
2.       like à alike
3.       alternate à alternative
4.       rises à arises
5.       insist for à insist on
Grammar
A.     Multiple choice
1. D    2. A    3. D      4. B    5. C    6. B    7. D    8. A    9. A    10. A
B.      Partial translation
1. on the basis of
2. in the form of
3. brought about
4. as well as
5. coexisted with
Cloze
1.code            2.fashion­­­­              3.therefore             4.subordinate         5.confusingly 6.compiled      7.terms                 8.however            9.based on            10.nor
11.consolidate 12.enact                      13.cases                      14.referred to               15.or
Translation
1.  民法法系作为一个自成一家的法律体系，在欧洲大陆产生并发展。在这种法律的形成过程中，殖民的影响、法学运动、以及各种重要的法典尤其是十九世纪的法典，都起了作用。
2.  普通法系，包括几种特有的法律传统，被认为是世界上两大法律体系之一，也是两个最有影响力的法律体系之一。
3.  当然，东欧和前苏联传统上被看作社会主义法律体系，这反映了其马克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 that of the former Soviet Union and is therefore a socialist one. However, if we look into history we can still find traces of the Roman tradition.
5.  In China, court verdict, including that of the Supreme People‘s Court, has no binding power over the later verdict of other courts. Judges usually make their verdict based on promulgated laws.
Topics for Discussion
A. First make a comparison between “judge made” law and “enacted” law, and then tell your own preference.
B. The reasons lie in the similarity between the socialist legal systems and the civil law system. You can give a list of the similarities between them.
C. The penalty of stoning in Islamic law is very particular compared with the punishment found in other legal systems. Make a comparison, and find out whether there is a better choice.
Writing
A. Common law was developed in and by the courts, giving judge made law considerable weight.
B. Civil law was compiled and refined in the universities, later codified by the legislature.
C. In civil law systems, there is a fundamental distinction drawn between private law and public law which is more firmly rooted, and more sharply drawn, than in common law systems.
D. The notion of legal families is not free from criticism and has been variously interpreted.
Text II
Questions
1.      Canada is composed of ten provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan and of two territories: the Northwest Territories and the Yukon. A new territory, named Nunavut, will be officially established on April 1, 1999. Canada has two official languages: English and French, and two legal systems: the common law and the civil law.
2.  There are six sources of law in Canada. They are the Canadian Constitution, international treaties, federal / provincial laws, judicial opinions and custom.
3.  The Canadian Constitution is the supreme source of law in Canada. All federal and provincial laws must be consistent with it. Unlike the American Constitution, it is not a single document. The "Constitution of Canada" consists of 25 primary documents, including 14 acts of the British Parliament, seven acts of the Canadian Parliament and four British orders in council. The Constitution Act, 1867, remains the basic element of Canada’s written constitution. It created the federation, the provinces, the territories, the national Parliament and the provincial legislatures. It also sets out the powers of each level of government and guarantees Quebec’s distinctive civil law.
4.  In all Canadian provinces, with the exception of Quebec, which has largely a civil law tradition, case law is an important part of the interpretation of the Constitution, statutes and regulations. Most court decisions can be found in their individual official reports (Supreme Court, Federal Court, provincial courts of appeal, provincial superior courts and provincial courts as well as certain administrative tribunal reports) and in certain commercially published reports. Decisions of the Supreme Court of Canada are binding on all lower courts. Decisions of a provincial court of appeal are binding within the province and will be considered of persuasive value in other provinces. Court decisions from the United Kingdom, other Commonwealth countries and the United States are sometimes referred to by Canadian courts.
5.  The three entities making up the federal Parliament of Canada, the Governor General, the Senate, and the House of Commons must give their approval before a written document can become a law. Public bills (proposed statutes) are generally introduced to the House of Commons by one of the federal Ministers after approval by the Cabinet. Individual Members of Parliament (MPs) also have the opportunity to present bills, in the form of a Private Member‘s Bill. Senators can also present a bill (Section 53 of the Constitution) as long as it does not levy any tax or involve spending money. Passage of a federal statute requires three readings in each of the House of Commons and the Senate. Following the third reading, a vote is taken by the House of Commons or Senate to adopt or reject the bill, as amended. Once the final bill has been passed by both houses of Parliament, it requires royal assent by the Governor General. Provincial statutes are adopted in substantially the same manner as federal ones. However, only the Legislative Assembly of the Province is required to vote. Approved provincial legislation must also be given royal assent by the Lieutenant Governor before coming into effect.
6.  In Canada, there is no requirement that legislative and executive powers be exercised by separate and independent bodies. At the federal level, the Cabinet is the government‘s principal decision-making body, directs the government and defines its positions, implements laws, adopts related regulations and manages the government administration. The Cabinet is responsible for most legislation. It has the sole power to prepare and introduce bills providing for the expenditure of public money or imposing taxes. At the provincial level, the Executive Council plays the same role as the Cabinet at the federal level.
7.  Quebec has a civil law tradition originating from France. The principal characteristic of the common law is the application of previous court decisions (case law) to the facts of the case before the court. By contrast, the application of the civil law in Quebec focuses mostly on the interpretation of codified laws. The Quebec courts can rely only on the existence of statutory provisions (either in the Civil Code or in other statutes) in order to impose a sanction or to penalize conduct or an activity.
8.  The general court of appeal for Canada is the Supreme Court of Canada. Most cases come to the Supreme Court on appeal from the provincial courts of appeal and the Federal Court of Appeal. Usually, the Court must give its permission (called "granting leave to appeal") before an appeal can be brought, although there are exceptions to this rule, primarily for certain criminal cases. The Court grants leave in cases which raise a legal issue of public importance.
9.  The highest court in the provincial system is the provincial court of appeal. The second level of judicial authority, often called the superior court, is a court of ordinary law which hears all cases not falling within the express jurisdiction of any other court or body. At the base of the judicial hierarchy are the so-called "lower" courts, normally referred to as the provincial court per se, which is in fact a group of somewhat specialized courts with very specific mandates.
10. Administrative tribunals. Administrative tribunals are decision-making bodies established by statute. They function somewhat like courts, but focus on specialized areas such as environmental appeals, labour relations, public utilities, and tenancy disputes. Decisions of administrative tribunals are subject to review by superior courts or the Federal Court.
Text III
Questions
1.      The plaintiff is Dr Laurence Godfrey, who is a lecturer in physics, mathematics and computer science based in London.
2.      The Defendant, Demon Internet, is one of the major Internet Service Providers ("ISPs") within the United Kingdom.
3.       The case of Laurence Godfrey v. Demon Internet Limited involves the first judicial decision within England and Wales which concerns a defamatory statement made via e-mail through an Internet Usenet discussion group. On 13 January, 1997, a posting in the USA was made to an Internet newsgroup "soc.culture.thai" which Demon Internet carries and stores through an unknown source. The message was traced back to a forged message which made it appear that it came from the Plaintiff in the case. On 7 January, 1997, the Plaintiff requested the Defendants to remove the posting from Demon Internet’s Usenet news server as it was defamatory of him. The defamatory posting was not removed as requested but remained available on the Demon Internet news server until its expiry on about 27 January, 1997. Technically, Demon was in a capacity to remove the posting in question but chose not to do so. The Plaintiff claimed damages for libel in respect of the posting after notice has been given on 17 January, 1997 that the posting was defamatory.
4.       For the defence to succeed under Section 1, the defendant needs to establish that (a) he was not the author, editor or publisher of the statement complained of; (b) he took reasonable care in relation to its publication; and (c) he did not know, and had no reason to believe, that what he did caused or contributed to the publication of a defamatory statement. According to Mr Justice Morland, Demon Internet "were clearly not the publisher of the posting defamatory of the Plaintiff within the meaning of Section 1(2) and 1(3) and incontrovertibly can avail themselves of Section 1(1)(a)" within this case. However, the defendants were subject to Section 1(1)(b) and 1(1)(c) of the Defamation Act 1996 following the notice given by the plaintiff on 17 January, 1997. Therefore, according to Mr Justice Morland, "this places the Defendants in an insuperable difficulty so that they cannot avail themselves of the defence provided by Section 1."
5.       Dr Godfrey stated that he was delighted with the decision which meant in his view that "ISPs do publish material on their news servers and, once they are on notice, they can not avail themselves of that defamation defence." After the Court’s decision, Dr Godfrey’s solicitor, Nick Braithwaite stated that "ISPs cannot now put their heads in the sand and kid themselves they are not publishing libellous messages."
6.       Demon Internet decided to file an appeal following the decision of Mr Justice Morland and believes that "the decision could have a profound impact on the entire Internet community if Internet Service Providers are charged with responsibility for monitoring personal opinions carried over the Internet." Demon Internet further argued in a post judgement press release that the possibility of an Internet Service Provider being held liable for any content posted on the Internet, "opens up the debate on free speech and censorship of such content."
7.       The main legal issue discussed within this case is Section 1 of the Defamation Act 1996 concerning the defence of innocent dissemination. According to Mr Justice Morland, Demon Internet were not the publisher of the posting defamatory of the Plaintiff within the meaning of Section 1(2) and 1(3) and undoubtedly can apply Section 1(1)(a) within this case. However, on 17 January, 1997, the Plaintiff requested the Defendants to remove the posting from Demon Internet’s Usenet news server, but the Defendants didn’t respond to the request. Therefore the defendants were subject to Section 1(1)(b) and 1(1)(c) of the Defamation Act 1996. Thus they cannot avail themselves of the defence provided by Section 1. The Plaintiff welcomed the decision, but the Defendants were not happy. They believe that the decision might interfere with free speech over the Internet, and decided to file an appeal.