九乡新闻网西线无战事电影:法律英语核心教程练习答案
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Unit 6 Legislation
Text I
COMPREHENSION
Questions about the Text
1. Open-ended question.
2. 1) The majority arise from government departments in pursuit of their policies in relation to their allocated area of responsibility. 2) If the government is the source of most legislation the role of the individual Member of Parliament, acting through the process for the enactment of private members Bills, should not be forgotten. 3) Alternative sources for proposed legislation are the recommendations of independent commissions and committees such as the Law Commission.
3. Paragraph 3
4. There are in fact three ways in which an individual Member of Parliament can propose legislation. These are through the ballot procedure, by means of which back-bench members get the right to propose legislation; under Standing Order 39 and under the Ten-minute rule procedure.
5. The civil law sector; the criminal law sector.
6. Before any legislative proposal, known at that stage as a bill, can become an Act of Parliament it must proceed through and be approved by both Houses of Parliament and must receive the Royal Assent.
7. No. For instance, money bills must be placed before the Commons in the first instance.
8. Paragraph 7
9. Generally speaking, the Royal Assent is granted any legislation passed by parliament if the monarch would not want to place their constitutional situation in extreme jeopardy.
10. Some are designed to initiate new legislation to cover new areas of activity previously not governed by legal rules; but other Acts are aimed at rationalizing or amending existing legislative provisions.
Vocabulary
a-5 b
Paraphrase
1. Generally speaking, actual policy will be a consequence of the political persuasion and imperatives of the government in power. Very often the government is drawn from the majority party, which enables it to decide the kind of legislation to be enacted through its control over the day to day procedure of the House of Commons backed by its majority voting power.
2. As is known to all, the House of Lords is a non-elected and still a largely hereditary institution while the House of Commons is a democratically elected one. We can see that ever since 1911 the House of Lords was not in a position to block the clearly expressed wishes of the Commons. And the Parliament Act of that year, and subsequently 1949, restricted the blocking power of the Lords further.
3. A statute must receive the Royal Assent before it can become law. Although no specific rule in the unwritten constitution of the United Kingdom expressly states that the monarch has to assent to any Act passed by Parliament, there is by now a convention to that effect. And the monarch would expose their constitutional situation to extreme danger by not granting the Royal Assent to legislation passed by parliament.
EXERCISES
Blank Filling
1. represented 2. amendments 3. proposal 4. presented 5. Act
6. Parliament 7. legislation 8. constitution 9. commenced 10. proceedings
Error Correction
1. which à that
2. relative à relatively
3. affect à effect
4. whom à that
5. resort à result
Grammar
A. Multiple choice
1. C 2. A 3. B 4. C 5. D 6. C 7. D 8. A 9. B 10. C
B. Partial translation
1. legislative power
2. legislative procedure
3. equally applicable
4. to conduct investigations and hold hearings
5. restrain the enforcement of the former
Cloze
1. Parliament 2. detailed 3. legislation 4. aims 5. framework
6. power 7. pursuit 8. delegated 9. body 10. statistical
11. significant 12. output 13. form 14. opposed
Translation
1. 1968年，英国铁路董事会有意隐瞒了某些事实，误导议会通过了一项剥夺原告土地或财产权的法规。
2. 政府有时会公布立法计划并邀请有关各方对提案发表评论。
3. 越来越多的人开始加入专职游说政党和国会议员的行列，以期巩固其委托人在立法中的利益。
4. China’s securities regulatory authorities are drafting new rules and regulations to standardize the securities market.
5. Chinese Premiere Zhu Rongji signed a decree recently to announce the enforcement of the new " Regulations on Printing".
Topics for Discussion
1. Before any legislative proposal, known at that stage as a Bill, can become an Act of Parliament it must proceed through and be approved by both Houses of Parliament and must receive the Royal Assent.
2. Introduce both Houses of Parliament and their functions in the legislative process.
3. You may also consider the following question: how often is a refusal to grant the Royal Assent to legislation passed by Parliament?
Writing
1. The procedure for the passing of an Act of Parliament.
2. The fact that part of delegated legislation is ultra vires does not necessarily invalidate the whole of that legislation.
3. An understanding of how Convention rights operate.
Text II
Questions
1. A proposed bill may encounter numerous obstacles. Defeat of a bill is far more common than passage. More than 95 percent of all legislation introduced is defeated at some point.
2. Yes. When the veto is overridden by a two-thirds vote of both houses of Congress.
3. The Archivist classifies each law as either a public law or a private law.
4. Each state has a state legislature (which meets in either annual or biennial sessions) and, with the exception of Nebraska, each has an upper and lower house similar to the Senate and the House of Representatives of the United States Congress.
5. The supremacy clause is applied when state laws frustrate or are contrary to congressional objectives in a specific area.
Text III
Questions
Case A
1. The case is about whether the Crown is bound by certain Scottish statues.
2. The Crown is not bound by any statutory provision unless there can somehow be gathered from the terms of the relevant Act an intention to that effect. The Crown can be bound only by express words or necessary implication.
3. Yes. It is not conceivable that Parliament could have a different intention as regards the application of the Act to the Crown in the various parts of the Kingdom.
4. It is most desirable that Acts of Parliament should always state whether or not the Crown is intended to be bound by any, and if so which, of their provisions.
Case B
1. The case is about two distinctive attitudes toward statue interpretation.
2. The Literal Rule (Words that are reasonably capable of only one meaning must be given that meaning whatever the result.) and the Mischief Rule (When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favor that aim).
(Note: The Mischief Rule is implied in the case.)
3. The ruling of the Court of Appeal is as follows: The new Rural District Council could only make a claim as successor to the two former councils, i.e. if they could prove that in consequence of the alteration of the boundaries an increase of burden would be placed on the ratepayers of those councils but, as they were dissolved by the Order immediately after the alteration of the boundaries, no cost would have to be met by these councils after the alteration, therefore there could be no increase in burden for the ratepayers and the Council could recover nothing. The decision of the Court of Appeal was affirmed (The duty of the court is to interpret the words that the legislature has used. Those words may be ambiguous, but even if they are, the power and duty of the court to travel outside them on a voyage of discovery is strictly limited).
4. If a gap of an Act is disclosed, the remedy lies in an amending Act.
Unit 7 Justice
Text I
COMPREHENSION
Questions about the Text
1. The members and ex-members of the senior judiciary meant that the mere absence of interference by the executive in the trial of individual cases was not enough, and the judiciary should have the right to operate independently, as an autonomous system, free from the general control of the State.
2. The current Lord Chancellor is suspected of being the voice of the Cabinet in the judiciary instead of representing the interests of the judiciary within the government.
3. Sir Francis Purchas expressed that in the second half of the 20th century the executive interfered substantially with the independence of the judiciary and said that in an executive-centred court system the judges had no effective protection against executive interference.
4. The author exemplifies that the power of the executive government is not adequately checked by the judiciary as is in the United States.
5. The committee’s recommendation that an independent Parliamentary Commissioner for Public Standards, and Ombudsman, should be appointed to enforce controls over the activities of MPs was resisted by some members of the Commons because the members thought that nobody outside of Parliament could be given the authority to regulate Parliament.
6. The “assertion” in “The fact that such an assertion” refers back to the opinion of some members of the Commons in paragraph 6.
7. It refers to the fact that a number of Members of Parliament have been accused of, and some have admitted, being paid for asking questions in the House. This is a case of the members abusing their power.
8. It is the sensitive relationship between the courts and Parliament.
Vocabulary
a-6 b-4 c-3 d-2 e-5 f-1 g-11 h-8 i-10 j-9
k-7 l-12 m-13 n-15 o-14
Paraphrase
1. They insisted that the legal system have the independent function, free from the directives and strict central control of the State, but under the judiciary control as concerning the operation of the legal system.
2. There are fears that the current Lord Chancellor, Lord Irvine of Lairg, who is the representative of the judiciary in the government, is not working for the judiciary but for the interests of the Treasury since he is seeking for the implementation of the policies influenced by the Treasury and this is bring harm to the operation of the justice system.
3. Interestingly, it can be seen that Parliament, through the House of Commons, regained its highest authority concerning the recommendations of the Committee on Standards in Public Life, and the authority was set up under the chairmanship of the senior Judge Lord Nolan.
4. The ‘cash for questions’ scandal concerns some Members of Parliament who have been charged of being bribed into speaking in the House, and some of whom even admitted this. The payment was delivered by Mohamed Al Fayed, the chairman of the House of Fraser group which owns Harrods, and was plotted through the offices of the parliamentary lobbyist.
Exercises
Blank filling
A 1-a 2-a 3-b 4-b 5-d
B 1-a 2-b 3-c 4-a, a
C 1-c 2-b 3-a 4-e 5-d
Error correction
1 at à to 2 remove à removed 3 adequately à adequate
4 sit à sits 5 were à is
Grammar
A. model verbs: filling in the blanks
1. should
2. could, may
3. might
4. could
5. Could
6. Would
7. could / could not
8. will / will not
9. can
10. would
B. modal verbs: multiple choice
1. A 2. A 3. C 4. D 5. B
C. Partial translation
1. take priority over that of the state
2. on the grounds that copyright law has entitled it to determine who can use the head and who can not
3. If you want to accuse a local restaurant of serving dishes with cockroaches in them
4. are subject to mandatory verification
Cloze
1. fundamental 2. provisions 3. constitution 4. secure 5. exported
6. underpinned 7. debate 8. subject 9. houses 10. immune
11. render 12. English 13. legislative 14. framework
Translation
1. 上院是审理英格兰和威尔士的民事及刑事案件的最高上诉法院。到达上院的案子不由全体人员听审，而是最多由11位常任法官/高级法官裁案。一般情况下由5个法官听审。
2. 上诉法院的民事分庭和刑事分庭均只有上诉案件管辖权；而高等法院和刑事法院既有上诉案件管辖权，又有一审案件管辖权。它们对治安法院不能受理的严重刑事案件郡法院不能受理的严重民事案件进行一审。
3. An overview of the Chinese legal system reveals to be an organic, comprehensive and unified whole consisting of well-defined divisions or branches of laws and varieties of functional organs.
4. The Chinese legal system is different from the common-law legal system to some extent. It resembles the civil law tradition. As China opens its door to the world, its legal system has begun to take account of the international practice.
5. Legal exchange and legal transplant have become popular words in the study of law. The Chinese legal system is now in rapid growth after the coming into force of the socialist market economy. Today, the establishment of “rule by law” is a committed target for the PRC.
Topics for Discussion
A. The function of the judiciary
Hint: There are three arms of government. The Legislature, or parliament, makes the law. The executive government administers the laws made by parliament and conducts the business of government. The judiciary applies the law made by parliament, and the common law, when a dispute arises. The judiciary stands as the bastion between the executive government and the individual, and protects the individual by ensuring the rule of law.
B. The relationship between the judiciary and Parliament
Hint: The role of the judiciary is a check upon the parliament and the executive. The judiciary is an arm of government, equal to the other two arms of government. It is independent of them, although dependent on parliament for funding and dependent on the executive government if force is required to enforce orders.
C. Lobbyists
Hint: someone who tries to persuade a politician or official group to do something.
Writing
A. Now write a paragraph with the topic sentence and data provided in the following.
There are generally two types of legal writing. (topic sentence)
Example: There are generally two types of legal writing. The first type requires a balanced analysis of a legal problem or issue. The second type of legal writing is persuasive. Examples of the first type are inter-office memoranda and letters to clients. To be effective in this form of writing, the lawyer must be sensitive to the needs, level of interest and background of the parties to whom it is addressed. A memorandum to a partner in the same firm that details definitions of basic legal concepts would be inefficient and an annoyance. In contrast, their absence from a letter to a client with no legal background could serve to confuse and complicate a simple situation. Examples of the second type are appellate briefs and negotiation letters written on a clients behalf. The lawyer must persuade his or her audience without provoking a hostile response through disrespect or by wasting the recipient‘s time with unnecessary information. In presenting documents to a court or administrative agency he or she must conform to the required document style.
Text II
Questions
1. The first is whether the court deals with civil or criminal matters. The second is the extent of the court’s jurisdiction. The third is whether the court is one of first instance or whether it is a court of appeal.
2. The traditional aims of the criminal law are the apprehension and disposition of wrongdoers.
3.In contrast with the aims of the criminal law, the aims of civil law are usually stated to be those of restitution, or compensation
4. The civil courts, with one or two exception, deal exclusively with civil matters.
5. Until recently, in England and Wales the prosecution of criminal offences was carried out by the police. However, there are many occasions when public bodies may be party to civil actions, and private individuals may initiate criminal prosecutions.
6. Magistrates’ courts and Crown Courts mainly deal with criminal rather than civil matters.
7. Magistrates’ courts do have some civil jurisdiction.
8. The Court of Appeal and the House of Lords are both appellate courts only.
Text III
Questions
Case One
1. They appealed against conviction of dealing in controlled drug.
2. It was said that the officers had been acting as Agents provocateurs, and had procured the appellants to commit the offences.
3. At trial it was submitted that the proceedings should be stayed as an abuse of process. But that submission was rejected.
4. What was the reason for their appeal?
5. The appellants contended that the trial judge was wrong to rule as he did and the officers’ act was in breach of police guidelines.
6. The judge held that the undercover officers did no more than give the two appellants an opportunity to break the law, of which each of them freely took advantage. In those circumstances the appellants’ appeals against conviction must be dismissed.
Case Two
1． The central issue is whether under the FOT contract, the right and duty to nominate the place for delivery lay in the sellers or buyers.
2． The issue was related to the contract as the contract should have spedsified the place of delivery.
3． The Board held that the sellers were obliged to inform the buyers of the place of delivery, the sellers failed to give appropriate or any information as to the place of delivery and the sellers failed to make the goods available to the buyers.
4． The judge held that the Board’s conclusion was wrong.
5． The judge’s analogy with FOB contracts was unsound because it failed to take into account the difference in the nature of, as well as the practicalities underlying, an FOB contract.
6． The judges of appeal all agree that the appeal should be allowed, the Judge’s Order be set aside and the award of the G. A. F. T. A Board of Appeal be restored.
Unit 8 The Judicial System in the United States
Text I
COMPREHENSION
Questions about the Text
1. (1) The idea of separation of powers is central to the U.S. Constitution. The one and only purpose of dividing the powers among three branches of the government is to prevent the centralization of power, thus providing an important safeguard against the potential abuse of power by government—an issue every democracy must confront.
(2) Each of the three branches is to some extent dependent on the other two and there is a partial interweaving of their function.
2. Three branches are created in the Constitution. They are executive branch, legislative branch and judicial branch.
3. The executive branch.
4. The judicial branch.
5. The legislative branch.
6. For example, the President is empowered to make appointments and treaties, but they are subject to approval of the Senate. Even if a President signs a bill, the Courts still can exercise “judicial review” to ensure constitutionality.
7. For example, the president suggests legislations to the Congress and may veto legislations passed by the Congress; the President appoints federal judges and may grant pardons from punishment for offenses against the United States; the Congress appropriate funds for the executive branch and the judicial branch and may impeach and try members of the executive branch or the judicial branch; the courts may declare any presidential or executive action unconstitutional and may declare Congressional legislation unconstitutional.
8. Early in the American History, in the case of Marbury vs. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to interpret acts of Congress and decide their constitutionality.
9. In Britain, the majority party in the House of Commons holds all of the power. The judiciary has no power of review. The House of Lords holds little more than delaying powers. By tradition, the monarch does not veto bills passed by the Parliament. And the de facto head of state, the Prime Minister, is a member of the Commons.
10. In France, the majority of the power lies in the hands of the President and the Government. The Assembly is highly limited to legislating on topics specifically spelled out in the Constitution; the Senate has far less power than the Assembly. The Constitutional Council has not proven to be the force in French government that it appears to have been designed to be.
Vocabulary
a-14 b-7 c-9 d-13 e-1 f-12 g-8 h-4 i-15 j-6
k-3 l-11 m-5 n-2 o-10
Paraphrase
1. The main reason of setting up the Separation of Powers, or in other terms, the “Checks and Balances”, was to stop any one branch of the government from having too much power by empowering each branch to tie up the others’ full exercise of their powers. This is done for the same purpose for having different levels of government, such as the state and the national levels.
2. It was in the case of Marbury v. Madison (1803), in which the Supreme Court declared part of the Judiciary Act of 1789 unconstitutional, that the courts’ authority to exercise judicial review to ensure constitutionality was officially established.
3. One explaining and convincing example is the Senate’s disapproval of the Treaty of Versailles after World War I, even if the then President had already drafted it and signed it on behalf of the country. This has proven the principle that the President’s power of making appointments and treaties are subject to approval by the Senate.
EXERCISES
Blank Filling
1. amended 2. judicial review 3. subject to 4. rest…in 5. pardons
6. abuse 7. approval of 8. appeal to 9. safeguard against
10. impeachment
Error Correction
1. prevent à prevent…from
2. independent on à independent of
3. as opposed of à as opposed to
4. accomplish à accomplished
5. is consisted of à consists of
Grammar
A. Multiple choice
1. A 2. A 3. B 4. C 5.A 6. C 7. A 8. A 9. B 10. C
B. Partial translation
1. Each branch serves as a check on potential excesses of the others.
2. recommended impeachment, the President resigned before a House vote was taken.
3. Drug dealers are subject to federal law
4. must be republican in form, with final authority resting in the people.
5. and treaties signed by the president on behalf of the nation and approved by the Senate
Cloze
1. passed 2. conflict 3. handed down 4. constitutional supremacy
5. vested 6. amending 7. exercised 8. appointed
9. conform 10. in accordance with 11. stand
12. intervals 13. subject 14. authority 15 removed
Translation
1. 立法权被分给两院，这在很大程度上是因为该权利是最令人担忧的，而且据认为那两院之间的嫉妒心理会促使它们互相制约。
2. “三权分立”可能被视为不仅作为控制---有人会说是桎梏---政府以防滥用权利那可怕趋向的一种政治理论，而且作为公民个人交往中的一种公平原则。
3. “我们合众国的人民，为了组建一个更为完善的联邦；树立公正；保障国内安宁；建立共同的国防；增进一般福利；以及为我们自己和我们的后代确保自由的赐福；特为美利坚制定并确立本宪法。”
4. This idea concerns the separation of the judicial power from the executive and legislative powers, rather than executive and legislative from each other (and the judicial).
5. Article II provides that the President is to appoint the heads of any Department Congress may create and that he may call on them for written opinions about matters within their responsibility.
Topics for Discussion
1. First list the main features of the American, British and French systems of “separation of powers”, and then compare the similarities and contrast the differences.
2. The discussion can be started from the theoretical effectiveness of “checks and balances” and the difficulties in reality in preventing the centralization of powers. Students are encouraged to propose their ideas on this topic.
Writing
A. It is a piece of paragraph writing and it requires a clear structure to illustrate the author’s clear logical thinking.
B. Listing the similarities and differences can be helpful in setting up the structure.
C. The frequent use of passive voice is more appropriate in this style of writing.
Text II
Questions:
1. The judiciary is one of the three branches of government in the United States, and it has two different judicial systems at the state and the federal level. The main function of the judicial process is to define or adjust disputed relationships of people, companies, groups of people and society as a whole. It also plays a role in the formation, definition, and application of certain public policies.
2. There are two different kinds of court system in the United States: the Federal system, and the fifty individual State court systems.
3. The main duty of appellate courts is to review all final decisions and certain interlocutory decisions of the district courts within their circuit except in those very few cases where the law provides direct review by the Supreme Court. For example, the appellate courts can determine whether or not the rulings and judgment of the court below, or some other courts such as the tax court, upon the case as made were correct.
4. No, they are not superior to the state courts.
5. The three-tiered model of the Federal court system refers to the segmentation of the system, which is organized into three tiers: trial, appeal and last resort, with the trial court (District Courts) at the lowest level and the last resort at the highest level (Supreme Court).
6. There is generally only one judge hearing the case in a federal district court.
7. The Supreme Court is composed of a Chief Justice and eight Associate Justices.
8. The Supreme Court has geographical jurisdiction of all cases rising in the nation or its territories. It also has limited original jurisdiction to hear and determine selected matters that have not been initiated in a court of lesser jurisdiction. The Supreme Court has done much to shape the social, economic, and political life of the country. Its role as arbiter has been twofold. The Court marks the boundary between central power of the federal government and local power of the states. The Court protects the individual from the unconstitutional exercise of governmental power.
9. In the State system, courts usually are identified by a variety of criteria, such as legal jurisdiction (trial, appeal or last resort), nature of case (criminal or civil), special jurisdiction (police, city), appeal rights, and formality of the record.
10. The authority of trial courts of general jurisdiction in the state system usually encompasses the criminal categories of misdemeanors and felonies, and civil cases without upper monetary restriction. They also have broader authority to hear special petitions and to issue special orders. Within these general limits, their authority may be restricted by subject matter, such as family (domestic relations), juvenile, probate, mental health. Most general trial courts are courts of record.
Text III
Questions
1. The case is about the disputed aspects between an agreement, which was signed by the resigned President of the United States, Nixon, and the Administrator of General Services, and the Presidential Recordings and materials Preservation Act (Act). The main disputed part is the taking of the Presidential materials into custody and their screening by Government archivists.
2. The resigned President of the United States, Nixon, is the appellant, and the Administrator of General Services is the respondent.
3. The resigned President of the United States, Nixon, had executed a depository agreement with the Administrator of General Services that provided for the storage of Presidential materials accumulated during appellant‘s terms of office. Shortly after the public announcement of this agreement, a bill was introduced in Congress designed to abrogate it, and, about three months later, this bill was enacted as the Presidential Recordings and Materials Preservation Act (Act), and was signed into law by President Ford. The Act directs the Administrator of GSA to take custody of appellant‘s Presidential materials and have them screened by Government archivists The Administrator is also directed to promulgate regulations to govern eventual public access to some of the materials. The day after the Act was signed into law, appellant (the resigned President) filed an action in District Court challenging the Act‘s constitutionality.
4. This is an open question that can be developed into a discussion of the fairness of the court verdict.