最新中国政法大学 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 1

law system. (P4 )

2

There are many differences between civil law system and common law 3

system.

4

Ⅰ The original places are different. The civil law system originated 5

in ancient Rome, and the common law system originated in England.

6

起源地不同，民法起源于古罗马，普通法起源于英格兰

7

Ⅱ The main traditional source of the common law is cases, while the 8

main traditional source of the civil law is legislation. Thus there are 9

many codes in civil law countries instead of unwritten laws in common law 10

system.

11

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12

家用许多成文法典取代普通法国家的不成文法

13

Ⅲ The civil law system pays more attention to substantive law; the 14

common law system pays more attention to procedural rules.

15

民法法系更多关注实体法，普通法更关注程序规则

16

Ⅳ The classification of law is different. The civil law is separated 17

into public law and private law, the common law is separated into common 18

law and equity.

19

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20

Ⅴ The role of judges and professors is another difference. Since theory 21

and doctrines is important in legal education of civil law system,

22

professor plays the important role to expose laws to students. In the 23

contrary, case-law is the main source of common law, thus the judges has 24

the discretion to make laws while trialing cases.

25

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26

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27

理案件时有造法的自由裁量权

28

Ⅵ The civil procedure: Adversary system (对抗式诉讼)of common law 29

system needs the parties to show the case the jury or the judges. And the 30

judges need to be neutral and impartial. Inquisitorial system（纠问式31

诉讼） in civil law countries give the judges the power to investigate 32

the case during the trail and also can ask the parties and the witnesses.

33

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34

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35

力，也可以讯问双方当事人和证人。

36

2 To discuss the main features of the American court system

37

(P17-19)

38

There are fifty-two court systems in the U.S. ----each of the fifty 39

states has its own system of courts, one for the District of Columbia and

40

a federal system. They are independent systems of court.

41

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42

亚特区的和一个联邦法院系统。它们都是独立的法院系统。

43

In the state court systems, court structures and court nomenclature vary 44

from state to state. But all the state court systems exhibit a hierarchical 45

structure, in which the decisions of lower courts may be taken for review 46

to a higher court. Typically a state system will include several tiers 47

of court：

48

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49

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50

以下几个层级：

51

1) Trial courts of inferior jurisdiction

52

2) trial courts of general jurisdiction

53

3) appellate courts

54

下级管辖权的初审法院

55

普遍管辖权的初审法院

56

上诉法院

57

The trial courts of inferior jurisdiction hear civil suits involving 58

relatively small amounts of money and minor violations of the criminal 59

law. While the trial courts of general jurisdiction can hear all kinds 60

of cases, without monetary or subject matter limitation.

61

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。

62

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。

63

Every case should first be heard at the trial court. Then the party who 64

loses at the trial court stage has a right to appeal case to the appellate 65

court. Every state has its court of last resort, the appellate court which 66

makes the final decision (subject to occasional review on ―federal 67

questions‖ by the Supreme Court of the United States) of what the law 68

is and should be. Most states have created intermediate appellate courts, 69

empowered to finally dispose of the bulk of appellate cases.

70

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，71

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72

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73

法院，有权最终处理大多数经上诉法院审理的案子。

74

The structure of the federal judicial system is similar to what is found 75

in the various states. There are three levels of courts:

76

(1) U.S. district courts (trial courts of general jurisdiction) and 77

various courts of limited jurisdiction

78

(2) U.S. courts of appeals (intermediate courts of appeals), and

79

(3) the United States Supreme Court. Not like the other courts in federal 80

judicial systems which are created by congress, the Supreme Court is 81

created by Constitution. There are a few specialized federal courts (e.g. , 82

the claims courts or the tax court ) which operate like District court 83

in their specialized jurisdiction.

84

联邦法院的结构类似于各州的结构，分为三层：

85

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

86

联邦上诉法院（中级上诉法院）和

87

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88

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89

法院，只是拥有专门管辖权。

90

3.To discuss the main features of the American court system

91

There are fifty-two court systems in the U.S. each state has its own 92

system of courts, one for the District of Columbia and a federal system. 93

In the state court systems, court structures vary from state to state.

94

But they all exhibit a hierarchical structure; decisions of lower courts 95

may be reviewed by higher courts. A state system includes:

96

1) Trial courts of inferior jurisdiction 2) trial courts of general 97

jurisdiction 3) appellate courts

98

The trial courts of inferior jurisdiction hear civil litigations

99

involving small amounts of money and minor violations of the criminal law. 100

While the trial courts of general jurisdiction can hear all kinds of cases. 101

Every case should first be heard at the trial court. Then it can be 102

appealed to the appellate court. Every state has its court of last resort. 103

The structure of the federal system is similar. There are three levels 104

of courts:

105

(1) U.S. district courts

106

(2) U.S. courts of appeals

107

(3) the United States Supreme Court. Not like the other courts in federal 108

systems which are created by congress, the Supreme Court is created by 109

Constitution. There are a few specialized federal courts

110

翻译：请简述美国法庭系统的特点

111

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112

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113

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114

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115

案件在到达州最高法院之前都经过了初审阶段，也许还经过中级上诉法院阶段。116

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

117

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118

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。119

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120

有自己的终审法院

121

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）122

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123

联邦宪法直接设置的法院

124

另一个版本：

125

There are fifty-two court systems in the U.S. ----each of the fifty 126

states has its own system of courts, one for the District of Columbia and 127

a federal system. They are independent systems of court.

128

In the state court systems, court structures and court nomenclature vary 129

from state to state. But all the state court systems exhibit a hierarchical 130

structure, in which the decisions of lower courts may be taken for review 131

to a higher court. Typically a state system will include several tiers 132

of court：

133

1) Trial courts of inferior jurisdiction

134

2) trial courts of general jurisdiction

135

3) appellate courts

136

The trial courts of inferior jurisdiction hear civil suits involving 137

relatively small amounts of money and minor violations of the criminal 138

law. While the trial courts of general jurisdiction can hear all kinds 139

of cases, without monetary or subject matter limitation.

140

Every case should first be heard at the trial court. Then the party who 141

loses at the trial court stage has a right to appeal case to the appellate 142

court. Every state has its court of last resort, the appellate court which 143

makes the final decision (subject to occasional review on ―federal 144

questions‖ by the Supre me Court of the United States) of what the law 145

is and should be. Most states have created intermediate appellate courts, 146

empowered to finally dispose of the bulk of appellate cases.

147

The structure of the federal judicial system is similar to what is found 148

in the various states. There are three levels of courts:

149

(1) U.S. district courts (trial courts of general jurisdiction) and 150

various courts of limited jurisdiction

151

(2) U.S. courts of appeals (intermediate courts of appeals), and

152

(3) the United States Supreme Court. Not like the other courts in federal 153

judicial systems which are created by congress, the Supreme Court is 154

created by Constitution. There are a few specialized federal courts (e.g. , 155

the claims courts or the tax court ) which operate like District court 156

in their specialized jurisdiction.

157

4.To discuss the significance of jurisdiction.

158

First, it can enable the participants to institute a legal proceeding 159

in a specific way. Next, it makes justice understand the whole case easily. 160

It is convenient for the parties take part in the litigation. Finally, 161

save legal resources and smooth the legal proceedings.

162

请讨论一下管辖权的重要性。

163

首先，它可以使参与者以独特的方式提起诉讼

164

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

165

最后，节省法律资源并且有助于法律程序的流畅化。

166

另一个版本：

167

First, defining jurisdiction, and make it simple will help agencies, 168

organizations and citizens to institute legal proceedings to the judicial 169

authorities which have jurisdiction over it, in order to protect the 170

public interests and legitimate rights and interests of the citizens. 171

Next, most ordinary cases will be placed under the primary jurisdiction 172

of the judiciary, it is not only easy for the judiciary to spot

173

investigation to verify the case , conduct legal education, but also to 174

facilitate the participants to take part in the proceedings and the people 175

to hear the case.

176

Finally, this can save manpower, money and time, and smooth the conduct 177

of legal proceedings to protect the procedural rights of participants in 178

the proceedings.

179

5)Please explain a part of the Constitution that impresses you the most. 180

What impress me most is the Constitution includes many significant 181

principles. For example: checks and balances.

182

The government structure is established by Articles Ⅰ through Ⅶ of 183

the Constitution. The document outlines the three main branches , the 184

legislative branch is embodied in the bicameral Congress，the United State 185

Congress which includes the House of Representatives and the Senate ,In 186

addition, it establishes limits on federal and state legislative power ; 187

the executive branch is headed by president who is elected by all the 188

qualified Americans ; the judicial branch is headed by the Supreme Court . 189