中国政法大学 法律英语口语试题及答案整理.docx

1、中国政法大学 法律英语口语试题及答案整理1. To discuss the differences between the civil law system and the common law system. (P4 )There are many differences between civil law system and common law system. The original places are different. The civil law system originated in ancient Rome, and the common law system orig

2、inated in England.起源地不同，民法起源于古罗马，普通法起源于英格兰 The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system.普通法的主要传统渊源是案例法，民法的主要传统渊源是成文法。因此民法国家用许多

3、成文法典取代普通法国家的不成文法 The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.民法法系更多关注实体法，普通法更关注程序规则 The classification of law is different. The civil law is separated into public law and private law, the common law is separated into comm

4、on law and equity.法的分类不同，民法法系分为公法和私法，普通法法系分为普通法和衡平法 The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of

5、common law, thus the judges has the discretion to make laws while trialing cases.法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时十分重要。相反的，案例法是普通法法系的主要渊源，因此法官在审理案件时有造法的自由裁量权 The civil procedure: Adversary system (对抗式诉讼)of common law system needs the parties to show the case the jury or the judges. And the jud

6、ges need to be neutral and impartial. Inquisitorial system（纠问式诉讼） in civil law countries give the judges the power to investigate the case during the trail and also can ask the parties and the witnesses.民事诉讼程序：普通法法系的对抗式需要双方把案件展示给法官或陪审团。法官应该中立和公正。民法法系的纠问式诉讼给予法官在审理过程中调查案件的权力，也可以讯问双方当事人和证人。2 To discuss

7、 the main features of the American court system(P17-19)There are fifty-two court systems in the U.S. -each of the fifty states has its own system of courts, one for the District of Columbia and a federal system. They are independent systems of court. 美国存在52个法院系统，每一个州都有自己的法院系统，还有一个是哥伦比亚特区的和一个联邦法院系统。它

8、们都是独立的法院系统。In the state court systems, court structures and court nomenclature vary from state to state. But all the state court systems exhibit a hierarchical structure, in which the decisions of lower courts may be taken for review to a higher court. Typically a state system will include several t

9、iers of court： 在州法院系统中，法院的结构和名称各不相同。但所有的州法院系统都是一种层级结构，低级法院的判决可能被高级法院所推翻，但型的州法院系统通常包括以下几个层级：1) Trial courts of inferior jurisdiction 2) trial courts of general jurisdiction3) appellate courts下级管辖权的初审法院普遍管辖权的初审法院上诉法院The trial courts of inferior jurisdiction hear civil suits involving relatively small

10、amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases, without monetary or subject matter limitation. 下级管辖权的初审法院审理标的额相对小的民事案件和轻微的刑事违法案件。普遍管辖权的初审法院审理各种类型的案件，没有数额或标的的限制。Every case should first be heard at the trial court.

11、Then the party who loses at the trial court stage has a right to appeal case to the appellate court. Every state has its court of last resort, the appellate court which makes the final decision (subject to occasional review on “federal questions” by the Supreme Court of the United States) of what th

12、e law is and should be. Most states have created intermediate appellate courts, empowered to finally dispose of the bulk of appellate cases.每个案件都应该先在初审法院审理，输掉的一方有权将案件上诉到上诉法院，每个州都有它的终审法院，受理上诉的法院会作出最终的裁决（受制于美国最高法院作出的关于联邦问题的临时性的判决对法律的解释）大多数州都有中级上诉法院，有权最终处理大多数经上诉法院审理的案子。The structure of the federal judi

13、cial system is similar to what is found in the various states. There are three levels of courts: (1) U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction(2) U.S. courts of appeals (intermediate courts of appeals), and (3) the United States Supreme Co

14、urt. Not like the other courts in federal judicial systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts (e.g. , the claims courts or the tax court ) which operate like District court in their specialized jurisdiction.联邦法院的结构类

15、似于各州的结构，分为三层：有普遍管辖权的联邦地区法院，和有各种有限管辖权的法院联邦上诉法院（中级上诉法院）和美国最高法院。不像联邦司法系统的由国会产生的其他法院，最高法院由宪法产生。还有一些联邦专门法院，比如索赔法院和税务法院，运作类似于联邦地区法院，只是拥有专门管辖权。3.To discuss the main features of the American court system There are fifty-two court systems in the U.S. each state has its own system of courts, one for the Distr

16、ict of Columbia and a federal system. In the state court systems, court structures vary from state to state. But they all exhibit a hierarchical structure; decisions of lower courts may be reviewed by higher courts. A state system includes: 1) Trial courts of inferior jurisdiction 2) trial courts of

17、 general jurisdiction 3) appellate courts The trial courts of inferior jurisdiction hear civil litigations involving small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases. Every case should first be heard at the tr

18、ial court. Then it can be appealed to the appellate court. Every state has its court of last resort. The structure of the federal system is similar. There are three levels of courts: (1) U.S. district courts (2) U.S. courts of appeals (3) the United States Supreme Court. Not like the other courts in

19、 federal systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts翻译：请简述美国法庭系统的特点美国的52个州都有其自己的法院系统。州与州之间法院结构和法院的名称也各不相同，但是所有州的法院体制都表现出所谓的层级结构，也就是一种组织方式的不同低一级法院做出的判决可以在更高一级审判组织重新审查。学生阅读的案例书中90%或者更多的州法院案例是上诉案件的判决，但是所有这些上诉案件在到达州最高法院之

20、前都经过了初审阶段，也许还经过中级上诉法院阶段。1具有有限管辖权的初审法院2具有普遍管辖权的初审法院3上诉法院每个州都有自己的初级或低级法院，它的管辖权限定在涉及小数额金钱争议的民事诉讼案件，和轻微的刑事案件。具有普遍管辖权的法院可以审判所有案件。 每个案子必须先有初审法院进行审理，然后可以上诉到上诉法院，每个州都有自己的终审法院联邦法院系统很相似，法院受理的大部分案件可以归入一下三种案件：（1）联邦地方法院（2）联邦上诉法院（3）联邦最高法院。最高法院是唯一的一个依联邦宪法直接设置的法院另一个版本：There are fifty-two court systems in the U.S. -

21、each of the fifty states has its own system of courts, one for the District of Columbia and a federal system. They are independent systems of court. In the state court systems, court structures and court nomenclature vary from state to state. But all the state court systems exhibit a hierarchical st

22、ructure, in which the decisions of lower courts may be taken for review to a higher court. Typically a state system will include several tiers of court： 1) Trial courts of inferior jurisdiction 2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear c

23、ivil suits involving relatively small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases, without monetary or subject matter limitation. Every case should first be heard at the trial court. Then the party who loses at

24、 the trial court stage has a right to appeal case to the appellate court. Every state has its court of last resort, the appellate court which makes the final decision (subject to occasional review on “federal questions” by the Supreme Court of the United States) of what the law is and should be. Mos

25、t states have created intermediate appellate courts, empowered to finally dispose of the bulk of appellate cases.The structure of the federal judicial system is similar to what is found in the various states. There are three levels of courts: (1) U.S. district courts (trial courts of general jurisdi

26、ction) and various courts of limited jurisdiction(2) U.S. courts of appeals (intermediate courts of appeals), and (3) the United States Supreme Court. Not like the other courts in federal judicial systems which are created by congress, the Supreme Court is created by Constitution. There are a few sp

27、ecialized federal courts (e.g. , the claims courts or the tax court ) which operate like District court in their specialized jurisdiction.4.To discuss the significance of jurisdiction. First, it can enable the participants to institute a legal proceeding in a specific way. Next, it makes justice und

28、erstand the whole case easily. It is convenient for the parties take part in the litigation. Finally, save legal resources and smooth the legal proceedings.请讨论一下管辖权的重要性。 首先，它可以使参与者以独特的方式提起诉讼 其次，它可以使法院更容易的了解整个案件。为公民进行诉讼提供方便 最后，节省法律资源并且有助于法律程序的流畅化。另一个版本：First, defining jurisdiction, and make it simple

29、 will help agencies, organizations and citizens to institute legal proceedings to the judicial authorities which have jurisdiction over it, in order to protect the public interests and legitimate rights and interests of the citizens. Next, most ordinary cases will be placed under the primary jurisdi

30、ction of the judiciary, it is not only easy for the judiciary to spot investigation to verify the case , conduct legal education, but also to facilitate the participants to take part in the proceedings and the people to hear the case.Finally, this can save manpower, money and time, and smooth the co

31、nduct of legal proceedings to protect the procedural rights of participants in the proceedings.5)Please explain a part of the Constitution that impresses you the most.What impress me most is the Constitution includes many significant principles. For example: checks and balances. The government struc

32、ture is established by Articles through of the Constitution. The document outlines the three main branches , the legislative branch is embodied in the bicameral Congress，the United State Congress which includes the House of Representatives and the Senate ,In addition, it establishes limits on federal and state legislative power ; the executive branch is headed by president who is elected by all the qualified Americans ; the judicial branch is headed by the Supreme Court . This genius institutional desig