习题2
 
发布时间:2017-04-10 浏览次数:

                                      练习

1、            选词填空。

precedes  in accordance with   judgment   governs   construing   principle

Historically, the common law is made quite differently from the Continental code. The code 1judgments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules 2which judgments are given. The common law on the other hand is inarticulate until it is expressed in a3. Where the code governs, it is the judge’s duty to ascertain the law from the words which the code uses. Where the common law4, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by 5the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the6 of the case, not the words, which went into the common law. So historically the common law is much less fettering than a code.

2、            请为下列术语选择合适的英文释义。

A.    fact-finder

B.     goodwill

C.     King’s Bench

D.    damages

E.     warranty

(1)              One or more persons — such as jurors in a trial or administrative-law judges in a hearing — who hear testimony and review evidence to rule on a factual issue.

(2)              It is a business’s reputation, patronage, and other intangible assets that are considered when appraising the business, esp. for purchase.

(3)              The court is the highest court of ordinary justice in criminal cases within the realm, and paramount to the authority of justices of gaol delivery, and commissions of oyer and terminer.

(4)              They are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong.

(5)              An express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties; esp., a seller’s promise that the thing being sold is as represented or promised.

3、            请将下列术语翻译为汉语。

(1)              adversary system

(2)              bench warrant

(3)              chief justice

(4)              contempt of court

(5)              cross examination

(6)              direct examination

(7)              due process

(8)              grand jury

(9)              statute of limitations

(10)          Circuit Clerk

4、            请将下列术语翻译为英语。

(1)              宣告无罪

(2)              宣誓书

(3)              传讯

(4)              地区法院

(5)              重罪

(6)              轻罪

(7)              伪证

(8)              陪审团裁决

(9)              陪审员

(10)          传票

5、            请将下列汉语句子翻译成英文,注意其中专门术语的表达。

(1)    此规章自公布之日起施行。

(2)    一级谋杀会得到最为严重的刑罚,通常是终身监禁或死刑。

(3)    未取得营业性客运证件的汽车不得从事经营性客运活动。

(4)    违反本规定的行为,由市或者区、县交通行政管理部门负责处罚的,市或者区、县交通行政管理部门可以委托交通行政执法机构进行处罚。

(5)    在中华人民共和国领域和中华人民共和国管辖的其他海域内建设对环境有影响的建设项目,适用本条例。

6、            请将下列英文句子翻译成汉语,注意其中专门术语的表达。

(1)              When a trademark has been infringed, the owner of the mark has a cause of action against the infringer.

(2)              By the same 1166 statute, jurisdiction over the most important criminal cases, known as pleas of the Crown, was taken from the shire courts and given to the emerging royal courts.

(3)              In a very few situations, juries do take part in sentencing decisions. For example, in capital punishment cases in some states, a judge cannot impose the death penalty in a jury trial unless the jury recommends death rather than life in prison.

(4)              English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decisions on legal precedents--that is, on earlier court rulings in similar cases.

(5)              In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations.