法律英语教程(精读)6-10课后习题答案

Lesson Six Civil Procedures Law

Keys:

II. Choose the most appropriate words to complete the following sentences.

1. C

2. D

3. B

4. C

5. D

6. B

7. A

8. C

9. A 10. B

III. Choose the most appropriate word from the listed words below to finish the following passage. Change the form if necessary.

1. burden of proof

2. produce

3. affirmative

4. consideration

5. legally

6. summary

7. convince

8. withdraw

9. defendant 10. voluntary IV. Translate the following sentences into English.

1. The jury returned a verdict of guilty, and the judge will pass sentence next week

2. Upon pronouncement of a judgment, the parties concerned must be informed of their right to

file an appeal, the time limit for appeal and the court to which they may appeal.

3. The panel is selected at random, and any party to the proceedings can inspect the panel from

which the jurors will be chosen.

4. The judicial process deals not with abstract questions or hypothetical situations but with actual

controversies between real parties.

5. At the very outset of a trial the lawyers are permitted to make opening statements to the jury

that they have just selected. These are not arguments; argumentation must await the end of the trial.

V. Translate the following passage into Chinese.

在民事审判中，决定评审团审判的权限可能从三种途径之一分离出来。第一，也是最广泛的，是宪法规定的，联邦宪法和州宪法在它们各自的审判系统中都为评审团审判设置了最低标准。在没有宪法规定的案件范围内，立法机构具有授权评审团审判的权力。因此，第2种评审团审判途径是法定的，并代表了立法机构在建立一个特殊诉讼问题时已给予评审团审判这一权利的情况。最后，审判法院总是具有衡平法上的权力来召集评审团，虽然在那些诉讼程序中，评审团将只是咨询性的，并且法官可以接受或漠视评审团的发现。

决定评审团审判权利范围的主要问题已处在宪法规定的范围内。我们将会注意到，联邦宪法有关陪审团条款（宪法第七修正案）没有束缚各州，这样，各州可以自由地发展它们自己法院民事陪审团审判权利的方案。总共只有四个州（科罗拉多州、犹他州、路易斯安娜州和怀俄明州）有相似于联邦宪法的条款。在这四个州中存在着法定的评审团审判权利。再者，除了另外四个州（佐治亚州、北卡罗来那州、田纳西州和德克萨斯州），在衡平法中规定了

评审团审判外，其余各州看来都采取相似于联邦法院的方法来解释其宪法和法律规定，即根据其权威之宪法规定被通过时这种权力是否存在来决定评审团审判的权利。

Lesson Seven Overview of Property

II. Choose the most appropriate words to complete the following sentences.

1. A.

2. B.

3. B.

4. B.

5. C.

6. A.

7. D.

8. D.

9. A. 10. D.

II. Fill in the blanks with the proper forms of the following words. Each word can be used only once.

1. personal property

2. leaseholds

3. inherited

4. conveyance

5. Contract of Sale

6. lease

7. tenant

8. grantor

9. Statute of Frauds 10. specify

III. Translate the following sentences into English

1. The owner is entitled to possess, use, profit from and dispose of the realty or chattel he owns in

accordance with / pursuant to the law.

或：

The owner of a realty or chattel is entitled to possess, use, profit from and dispose of it in accordance with the law.

或：

The owner of a realty or chattel is entitled to possess, utilize, seek profits from and dispose of the realty or chattel in accordance with the law.

2. Article 23 Unless it is otherwise prescribed by any law, the creation or alienation of the real

right of a chattel shall come into effect upon delivery.

或：

Article 23 The creation / institution and conveyance / transfer of the real right of a chattel shall come into effect upon delivery, unless it is otherwise provided by law.

3. Each tenant’s interest is alienable (transferable or assignable), inheritable, and devisable. If a

tenant in common transfers her interest, the grantee receives exactly what the grantor owned.

或：

Each tenant’s interest can be transferred, inherited, and devised. If a tenant in common transfers her interest, the grantee receives exactly what the grantor owned.

4. When government takes land by eminent domain, it normally must pay the owner of the

property just compensation.

或：

When government takes land from an owner by eminent domain, the owner normally shall be paid appropriate / adequate compensation.

5. Title Two Ownership

Chapter VIII Concurrent Ownership

Article 106 Where a person untitled to dispose a real property or personal property transfers the real property or personal property to an assignee / transferee / grantee, the owner has the right to recover the real property or personal property. The assignee shall obtain the ownership

of the real property or personal property under any of the following circumstances, unless it is otherwise prescribed by law:

(1) The assignee accepted the real property or personal property in good faith;

(2) The real property or personal property is transferred at a reasonable price; or

...

IV. Translate the following passages into Chinese.

如果土地，土地上的建筑，或者可继承财产迄今已遗赠，已立契转让，或者已由限嗣继承保有人以其他形式转让，且受遗赠的人，立契转让的受让人或者由限嗣继承保有人以其他形式转让的受让人，或者该人的继承人或者受让人，自该遗赠生效起或者转让契约签订起至该法律条款通过时，一直占有该土地，该建筑或财产，受遗赠的人，立契转让的受让人或者由限嗣继承保有人以其他形式转让的受让人，或者该人的继承人或者受让人应当被视为实际上合理且合法，就如同该限嗣继承保有人在受遗赠之时或被立契转让之时或以其他形式受转让之时对该土地，土地上的建筑，或者可继承财产非限嗣保有，即使任何法律规则有相反的规定。

lesson eight

II. Choose the most appropriate words to complete the following sentences.

1. B

2. C

3. D

4. A

5. B

6. D

7. C

8. B

9. A 10. C

1. In modern legal use, the terms inheritance and heir refer only to succession of property from a decedent who has died intestate.

A. ancestor

B. decedent

C. citizen

D. ascendant

2. Some jurisdictions recognize a holographic will, made out entirely in the testator's own hand, or in some modern formulations, with material provisions in the testator's hand.

A. domains

B. places

C. jurisdictions

D. forums

3. In context of probate, the estate of a deceased person consists of all the property, whether real or personal, owned by the person at the time of death.

A. possessions

B. belongings

C. ownership

D. estate

4. Title is a legal term for a bundle of rights in a piece of property in which a party may own either

a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties.

A. title

B. property

C. lands

D. landholding

5. Hereditary monarchies have used a variety of methods and algorithms to calculate the order of succession among possible candidates related by blood or marriage.

A. inheritance

B. succession

C. heirs

D. distribution

6. If you plan to make a lot of changes to your will, instead of adding a codicil, it might be easier to simply revoke or disown your current will and make a new one, using the same procedures.

A. reverse

B. revive

C. revise

D. revoke

7. In general, you are free to dispose of your belongings or estate as you wish, but your will is subject to certain rights of spouses/civil partners and other more limited rights of children.

A. arrange

B. discard

C. dispose

D. manage

8. If you die testate, then all your possessions will be distributed in the way you set out in your will. It is the job of the executor or executors you named in your will to make sure this happens.

A. divided out

B. distributed

C. assigned

D. allocated

9. If a person had no heirs to receive their property under a will or under the laws of intestacy, then any property that they owned at death would escheat.

A. escheat

B. escort

C. withdraw

D. reverse

10. Except as provided in this regulation, nothing will affect the right of an employee to assign part of his or her claim against his or her employer for wages.

A. ruled

B. stated

C. provided

D. demonstrated

III. Choose the most appropriate word from the listed words below to finish the following passage. Change the form if necessary.

Congress has passed tax laws that have made numerous, temporary changes to both the estate tax rate and the exemption amount. Since 2002, the top rate has decreased incrementally from 50%, and the exemption amount has increased incrementally from $1 million. In 2009 the rate was 45% and the exemption amount was $3.5 million. On January 1, 2010 a "one year repeal" of the tax was effectuated by a temporary, one-year-only rate of 0%. On January 1, 2011 the estate tax is scheduled to a top rate of 35% and the exemption amount is scheduled to be $5.0 million, or $10 million for married couples. (law passed in December 2010)

For 2010 property transferred from decedents will be treated as if it is transferred by gift. This means the basis of the property for calculating capital gains when the recipient eventually sells the property will be the same basis as in the hands of the decedent. This is generally called carryover basis. However most recipients will effectively get the same result they would receive under present law, because section 1022 allows the executor of an estate to allocate up to 1.3 million in basis for singles and 3 million for surviving spouses to the property of the estate. This will effectively give most recipients a tax basis in the property equal to the full market value (i.e., "step up basis")

IV. Translate the following sentences into English.

1. Where several wills that have been made conflict with one another in content, the

last one shall prevail.

2. An estate which is left with neither a successor nor a legatee shall belong to the State.

3. The successor to an estate shall pay all taxes and debts payable by the decedent

according to law, up to the actual value of such estate.

4. Succession law covers the disposition of property upon death by will or by intestate inheritance.

5. Living will is a written document that states a person’s wishes regarding

life-support usually when death is imminent.

lesson Nine

II.

1. B

2. D

3. A

4. C

5. B

6. D

7. C

8. A

9. C 10. B

III.

1. disadvantageous

2. harm

3. equal

4. same

5. losses

6. criminal.

7. explicitly

8. vague

9. interests. 10. challenged

IV.

1. The primary function of a trademark is to indentify the origin of the product to which it is

affixed. Trademark protection is designed to protect the goodwill of the trademark owner’s business.

2. Opposition to a trademark registration may be commenced either during the application

state or after the mark has been granted.

3. If a patent can be said to be anticipated — someone else has thought of it and it is in the

public domain — the invention will be deprived of novelty.

4. No time limit shall be set on the term of protection for an author’s rights of authorship and

revision and his right to protect the integrity of his work.

5. The reproduction of copyright material without the permission of the copyright holder is

banned by law.

V.

两个或以上的人共同完成发明时，可共同申请专利，各发明人分别按规定宣誓，本编另有规定的除外。发明人可共同申请专利，即使：（1）他们并没有一起工作或同时工作，（2）各人所作的贡献不同或程度不一样，或者（3）并非对每一个专利权利要求的客体都作出贡献。

如果某共同发明人拒绝共同提出申请，或者下落不明或经努力后仍不能联系，其它共同发明人可代表该共同发明人提起申请。依据相关事实，并经通知缺席发明人之后，局长可授予申请人专利，与缺席人员共同申请时所授予的专利相同。该缺席发明人随后可加入申请。

如果在专利申请中某人被错误地列为发明人，或由于错误某发明人未被列入申请中，而对该错误该本人无欺诈之意，局长可根据相关规定随时对申请中的相应错误进行更正。

在本国提交发明专利申请的任何人、其代理人或其受让人，就同一发明在某外国或某世界贸易组织成员国第一次提起专利申请之日起12个月内又向本国提起申请，如果该外国与美国相互承认优先权，则可享有在先申请日利益，该申请视为在美国首次提起。但是，如果在本国提交申请日1年前该发明已在本国授予专利或在公开出版物上发表，或在申请日一年前在国内公开使用或销售过，则不能授予专利。

Lesson Ten

Keys to the Exercises

Exercise II

1-5: BABCD 6-10: ACDBA

Exercise III

distinctive shares governing commercial define

aggregation negotiable mercantile equity conscience

Exercise IV

1. The maritime matters shall be subject to regulations of this Code; anything not regulated in this Code shall be subject to the provisions laid out in the other Laws.

2. No transfer of the ownership of a ship can be set up against a third person, unless such transfer has been registered.

3. The co-owners of ship are bound to perform any obligations which have arisen in connection with the use of the ship in proportion to the value of their interest.

4. The co-owner, who has ever refused to consent on the decision in managing the ship which gives rise to the obligation, may abandon his shares to the other co-owners and be exempted from the said obligation.

5. The co-ownership in a ship shall not be relinquished by reason of by death, bankruptcy , commencement of guardianship or under assistance.

6. The provisions in respect of maritime liens in this Code shall not apply to the claims stipulated in sub-paragraph (iv), (v) and (vi) of paragraph 1 in Article 22.

Exercise V

第52 条以船舶之全部或一部供运送者，运送人非于船舶完成装货或卸货准备时，不得签发装货或卸货准备完成通知书。装卸期间自前项通知送达之翌日起算，期间内不工作休假日及装卸不可能之日不算入。但超过合理装卸期间者，船舶所有人得按超过之日期，请求合理之补偿。前项超过装卸期间，休假日及装卸不可能之日亦算入之。

第53 条运送人或船长于货物装载后，因托运人之请求，应发给载货证券。

第54 条载货证券，应载明下列各款事项，由运送人或船长签名：

一、船舶名称。

二、托运人之姓名或名称。

三、依照托运人书面通知之货物名称、件数或重量，或其包装之种类、个数及标志。

四、装载港及卸货港。

五、运费交付。

六、载货证券之份数。

七、填发之年月日。

前项第三款之通知事项，如与所收货物之实际情况有显著迹象，疑其不相符合，或无法核对时，运送人或船长得在载货证券内载明其事由或不予载明。

载货证券依第一项第三款为记载者，推定运送人依其记载为运送。

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