法律英语课后习题大全

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2023年12月25日发(作者：)

法律英语课后习题大全

重点的课文：(1AB 2A 3B 4A 5B 6B)

Unit1A

1. 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?

Answer: 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 bachelor's 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.

Unit 1 B

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.

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.

ing 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.

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”?

“Stare decisis”is an important principle in common law. It

reflects the effect of a final decision of an appellate as precedent,

or potential precedent for future cases, and it addresses the

impact on the legal norm of conduct.

“res judicata”is another important principle in common

law. It reflects the effect of a final decision of an appellate as an

authoritative settlement of a particular controversy then before

the court. In other words, it addresses a decision’s impact in the

individual case.

7. What doctrine bars a person from ever suing on the same

claim again?

The doctrine “res judicata”bars a person from ever suing

on the same claim again.

8. Why does the case law process in American courts thus

have a considerable comparative-law ingredient?

A judicial decision is a precedent in the full sense only within

the same jurisdiction. However, American appellate courts

frequently cite and draw upon decisions from other jurisdictions.

Such outstate decisions are not full-fledged precedents, but

they are accorded the status and weight of persuasive authority

and especially in cases where there is no local precedent or the

local precedents are conflicting or unclear.

9. How does a court of last resort in one state usually make

use of outstate decisions?

A court of last resort in one state does not consider itself

bound to follow

another state’s 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 justification.

10. Can you explain the difference between the binding

precedents and persuasive precedents?

The major difference between the binding precedents and

persuasive precedents may be the authority to the case.

The binding precedents are fully authoritative and generally

binding, but persuasive precedents just persuasive authority.

Because of the difference in degree of influence, persuasive

precedents are not as authoritative and should not be assigned

the same force as the binding precedents.

UNIT 2A

1. What kinds of cases do the inferior courts deals with? What

are some of the limits that are imposed on them?

Every state has its inferior trial courts with jurisdiction limited

to civil suits involving relatively small amounts of money and to

minor violations of the criminal law. The civil jurisdiction of an

inferior court is usually defined in terms of the amount of money

in dispute: the jurisdiction of an “inferior” criminal court is

likely to be defined in terms of the maximum jail sentence.

2. What kinds of cases are the trial courts of general

jurisdiction empowered to try？

If a civil claim or criminal prosecution involves an amount of

money,

or a potential criminal sentence, beyond the jurisdiction of

an “inferior” trial court , it must be filed and heard om a “trial

court of general jurisdiction .” that is , a court empowered to try

all kinds of cases, without monetary or subject matter limitation.

3. What is the function of the “court of last resort” of each

state? Every state has its “co urt of last resort，” the appellate

court at the top of the judicial hierarchy and the one which

determines with finality what particular state’s law is and should

be . The function is to review the action of the lower judicial

tribunals of the state.

4. Why are appeals to the courts of last resort limited? What

does the “screening out” function refer to?

Answer: Because a vast increase in appellate litigation,

particularly in the more populous states, led to hopeless

congestion of the dockets of the state courts of last resort

The “screening out” function refers to that intermediate

appellate courts could empower to strain out and finally dispose

of the bulk of appellate litigation, so that the court of the last

resort can give its full attention to novel and socially important

controversies.

5. What is the significance of the statute passed by the first

Congress on September 24, 1789, according to the author?

In the evolution of the federal judicial system, the statute was

a landmark. The statute embodied the first Congress’s decision

on the issue

whether there should be federal trial courts as well as a

Supreme Court or whether the interpretation and enforcement

of federal law should be left entirely to the existing state trial and

appellate courts, subject to review by the Supreme Court of the

United States.

6. What is the number of judges presiding over the trials in a

District Court?

In a District Court, trials are presided over normally by a

single judge, but in a few situations, chiefly cases in which

injunctions are sought on federal constitutional grounds against

the enforcement of state or federal statute, three-judge court

must be convened.

7. What must be the jurisdiction of a District Court based

upon? What does the workload of the District Court make up?

The jurisdiction of a District Court of the US must be based

either on the character of the controversy (for example, that it is

a case “arising under this Constitution or the laws of the US”)

or on the character of parties to the controversy (for ex ample,

that it is a controversy“to which the US shall be a party”or one

“between citizens of different States”).

Most of the cases which make up the workload of the District

Court are within one or another of three categories: (1) cases to

which the United States is a party, which includes both civil cases

and all prosecutions for violation of federal criminal statutes; (2)

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; and(3) cases involving “diversity of

citizenship,” that is, suits between citizens of different states of

the United States.

8. Which court has jurisdiction over “diversity of citizenship”

cases, a federal court, or a state court? Why?

Generally speaking, a federal District Court has jurisdiction

over such cases, according to Article Ⅱ, Section 2 of the

Constitution and Judiciary Act of 1789. However, existing federal

legislation impose a further limitation on Di strict Court

jurisdiction in some “federal question” and all “diversity of

citizenship” case: “the matter in controversy must exceed﹩50,000”.That’s because the District Court will be swamped if

very small matters in controversy are able to be accepted by the

District Court.

9. How can people get their appeals reviewed by the U.S.

Supreme Court?

A disappointed litigant cannot secure Supreme Court review

merely by contending that the decision handed down against

him was wrong. He must first persuade the Supreme Court that

the issue presented by his case is important enough, as issues of

general law, to justify Supreme Court consideration. Second,

almost all the reviewing of judgments of federal and state

appellate courts are secured by a petition for “a wri t of

certiorari”.

10. What is the policy underlying the discretionary nature of

the Supreme Court appellate jurisdiction?

The policy is, if appeal to the SC were available in all cases,

the C would be swamped with ordinary appeals and unable to

give full and deliberate consideration to the great cases it must

decide.

Unit3 B

has the authority to determine how the constitution

is

interpreted and applied to a particular case? Among those

who are entitled to such authority; which one has the final say?

The Court has the final say on what the Constitution means

and how it applies in a particular case, every court, federal and

state, has the responsibility and the authority to render decisions

on constitutional issues, but all of those other decisions can

ultimately be reviewed by the U.S. Supreme Court.

the Constitution vest judicial review on the Supreme

Court?

How to interpret Article Ⅲ of the Constitution?

The power of judicial review is not given to the Supreme

Court in the Constitution itself .Although Article Ⅲ states that

“The judicial power of the United States , shall be vested in one

Supreme Court , and in such inferior courts as the Congress may

from time to time ordain and establish, ” and it extends that

power to “all cases , in Law and Equity , arising under this

Constitution” and to other categories .But

the “Supreme ”means only “highest,” designating a

place in the hierar chy but not the court’s authority . The power

to hear cases arising under the Constitution is likewise a grant of

jurisdiction to hear certain kinds of cases, but not a grant of

authority to exercise constitutional review in hearing them.

which case was the power of judicial review established?

Marbury VS Madison

4. Why does Chief Justice Marshall think that the court had

the power to review the constitutionality of legislation? What is

his syllogism?

The Constitution is law. Courts interpret law. Therefore courts

interpret the Constitution.

5. What is the supremacy clause?(需要老师解答)

The Supreme Court is the only authority to interpret

Constitution. The interpretation and mandate made by the

Supreme Court are superior to any other judicial power.

Unit 4 A

1. List some of the typical forms of punishment mentioned

in the text. Do you know any other forms of punishment used in

the U.S.? Typical forms of punishment include death,

imprisonment, fine, removal from public office or disqualification

from holding public office, probation, and restitution.

For example, jail sentences and execution.

2. What are the differences between civil law and criminal law?

Civil violations are often referred to as torts. There are four

distinctions between crimes and torts.

Firstly, a crime 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.

Secondly, the persons who actually prosecute the case differ.

A specially designated state prosecutor of federal official directs

the proceedings when crimes are involved .However, in tort

actions the individual against whom the wrong has been

committed generally hires an attorney to process the claim.

Third, when one commits a crime, punishments such as

probation, jail sentences, removal from public office and even

execution are readily available. However, these remedies are not

available in tort law. Tort restitution relies primarily on monetary

compensation.

Finally, compensation paid individuals who have sued others

in civil courts is called damages.

3. How are civil damages categorized? When do they apply?

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.”

Punitive damages are awarded 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 disregard for the safety or well-being of others.

4: What are the differences between substantive law and

procedural

law?

The two broad areas of law are readily distinguished as

substantive law and procedural law.

Substantive criminal law defines crimes and establishes

punishments. These laws are commonly found in statutes and

ordinances that are written by local, state, or federal legislature.

Criminal procedural law outlines the procedures that must be

followed during the investigation of crimes, in the apprehension

of offenders, and in the determination of the individual’s

innocence or guilt.

Thus, substantive law informs the 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: What kinds of legal rights that the police must advice the

suspect of before any interrogation?

The police must advise the suspect of their legal rights before

any interrogation. Such legal rights are included, the right to

remain silent, the right to have an attorney present during

interrogation. Though the suspect may waive these rights, a

waiver must be knowingly and voluntary. What is the significance

of the case Miranda vs. Arizona?

The case of Miranda v. Arizona establishes that criminal

defendants have a right to know their rights under the

constitution prior to questioning by law enforcement. Prior to

this, police officers did not have to advise a suspect about his

rights. This is the right to remain silent, to have a lawyer present

during questioning, and to have a lawyer provided if you cannot

afford one.

6. How are the crimes classified?

The crimes are classified into felonies, misdemeanors and

infractions. The distinction between them centers on the

seriousness of the crime committed, the subsequent punishment

allowed by law and/or the place of confinement of the convicted

defendant.

The grounds for distinction often vary considerably from

state to state. However, a review of the applicable state statutes

reveals a more common test: the length or place of punishment

often distinguishes a felony form a misdemeanor. Any crime

generally punishable by more than six months in prison is

considered to be a felony, whereas a crime requiring punishment

of less than six months is a misdemeanor. As with misdemeanors,

a jury trial is not guaranteed if an infraction has been committed,

and the person committing infractions may never receive a jail

sentences as punishment.

And infractions are considered to be to “petty” offenses.

7. How are felonies distinguished from misdemeanors?

The distinction between felonies and misdemeanors

generally centers on the seriousness of the crime committed, the

subsequent punishment allowed by law and/or the place of

confinement of the convicted defendant. There are two common

ways to distinguish them.

The first one is the length or place of punishment. Any crime

generally punishable by more than six months in prison is

considered to be a felony, whereas a crime requiring punishment

of less than six months is a misdemeanor. However, it is important

not to be confused by the length of the sentence given by the

judge or jurors. For example, assume a judge sentences the

defendant to five months imprisonment. If the greatest

maximum sentence was five months, it is a misdemeanor.

However, if the

judge had the discretion to sentence the individual to six

months or more imprisonment, a felony has been committed.

The second way is by the so-called in presence rule. A police

officer cannot arrest an individual for a misdemeanor unless the

misdemeanor is committed in the officer’s presence, or more

reasonably, with the corroboration by a witness or the signing of

a complaint and the issuance of an arrest warrant. When the

offense is a felony, however, the police office must arrest the

individual if he or she reasonably believes the crime was

committed by that person, even though the transgression was

committed out of the presence of the officer.

motive and intent the same? If not, what are the

differences between them?

No. They have completely different legal meanings.

Motive is defined as the “cause or reason that moves the

will and induces action.” It represents the stimulus for behavior.

Thus, one may kill another because of hatred, jealousy, or even

love. But the fact that one may have the motive to kill another

does not necessarily mean that one harbors the intent to injure

or kill.

Intent relates to the state of mind at the time of the

commission of the unlawful act.

Failure to establish the “why” of the crime does not

necessarily mean the jury will vote for acquittal. However, with

the exception of strict liability offenses, failure to establish an

unlawful intent must result in acquittal. 9. What are the elements

establishing the criminal liability?

The elements are referred as mens rea, actus reus and

causation.

10. Explain the significance of mens rea, actus reus and

causation. Mens rea stands for the state of mind at the time of

the commission of the unlawful act. The mere fact that harm

occurs does not necessarily mean a crime has been committed.

If the accused was criminally negligent in his belief and behavior,

the law may conclude that the unlawful mens rea was present.

The actus reus element relates to the “doing” part of the

crime. Thus, if a person does not have a legal duty to act and in

fact does not act, then that person cannot be held legally

accountable for the unlawful acts of others.

Finally, causation is considered to be the logical coming

together of the mens rea and actus reus, resulting in a criminal

wrong. If the harm is not the logical result of the intention and

the action, the causation does not exist, and there is no criminal

liability.

Unit5 Criminal Procedure B

1. Do you agree with statement that “it is better to free

guilty persons than to convict innocent ones”?

Yes .Because if the offender who is missed, can be seized later,

but if a person was killed by mistake, the victim could not revived

2. Who files the bills of information, the prosecutor or the

grand jury? How does a grand jury decide whether or not to

return a “true bill”? After conducting typically extensive

background investigations in corroboration with local and even

federal law enforcement, prosecutors may file what are called bill

of information.

If a majority of the grand jury members believe a crime has

been committed, then a “true bill” is returned, and the accused

is bound over for trial.

3. When does an arrest occur? What does it result from?

An arrest occurs when a peace or police officer takes a

suspect into custody for the purposes of charging the individual

with a crime.

The arrest may result from the police officer’s own

perception that a crime has been or is about to be committed.

4. What factor may effect the decision to prosecute,

according to the passage?

The decision to prosecute largely depend s on the strength

of state’s case against the accused. Besides the attitude of the

victim, the cost to the system, harm to the suspect, adequate

alternate procedure available, and suspect’s willingness to

cooperate with law enforcement may also affect the decision to

prosecute.

5. Who conduct a preliminary hearing?

The magistrate or preliminary hearing jury conduct a

preliminary hearing. What must they decide after the

presentation of the case?

They must decide whether the state had probable cause to

arrest the accused.

is the arraignment important?

Because in the arraignment the accused played a relatively

active role that

they must make a plea. Besides, it is important that the

defendant is again informed of charges, counsel is appointed (if

the defendant is indigent), and bail is established.

7. What is the function of voir dire? Do you know the

difference between peremptory challenge and the challenge for

cause?

The voir dire is the process used to select a jury. A random

cross-selection of persons in the community in which the trial is

to occur is summoned to the courtroom.

Peremptory challenge allows either side to have prospective

jurors excused without having to specify a particular reason and

is typically limited to six in non serious cases and twelve in felony

or capital cases. 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

and no limits to be the number of challenge for cause that either

side may employ.

8. Why are the" form" instructions designed to be simple?

In order to understand yet complete enough to avoid any

potential reversible errors on appeal.

9. What would happen 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

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