Revision 1 (for Units
|
|
trespass, liable to, subscribe to, liable for, be convicted of, subject ( |
1. All drivers are _________ the driving rules and regulations.
2. The minister was found to ___________ a large sum of government money.
III．判断正误题[wqguo3] ：（着重考查学生对法律基本知识的理解程度）
Example：Decide whether each statement is true or false according to the legal knowledge you have learned and fill in each bracket with T for TRUE, F for FALSE.
1. In England, judges appointed after 1959 must now retire at 65.（ ）
IV．简答题[wqguo4] ：（着重考查学生对法律基本术语、重要法律概念的理解与掌握程度）
Example：Answer the following questions according to what you have learned this term.
1. What is the distinction between a wrong and a crime?
V．完形填空题[wqguo5] (Cloze Test)：（着重考查学生对法律知识和法律语言的综合运用能力）
Example：
One evening police officers saw a man and woman running down a street. The police 1 them. The woman had a bag of money in her hand and a bulge in 2 jacket. They pat her down and found a gun. Then they 3 down her companion; they found nothing. They took 4 to the station, booked them and arrested them for armed robbery. Back on patrol 5 that night they saw a group of rowdy college students
A few days later, a 8 charged the two armed robbery suspects 9 robbery, according to the state’s criminal code. The woman went to 10 ; the jury acquitted her because the only eyewitness died
for court celebrating later pat rejected drunk her with prison searched of prosecutor declaring both
VI．案例分析题[wqguo6] ：（着重考查学生对英美法案例的理解程度和分析判断能力）
Example：Read the following case and answer the questions according to it.
Abbassy v Commissioner of Police of the Metropolis
[1990] 1 WLR 385 Court of Appeal
(Purchas, Mustill and Woolf LJJ)
Facts：
The plaintiff motorist, an Iranian, was stopped by the police and asked four times about the ownership of the vehicle: on each occasion the reply was abusive. On being told that he would be arrested unless he could satisfy the constable as to the ownership of the Mercedes, the plaintiff said that British laws meant nothing to him. The constable then told him that he was being arrested for “unlawful possession ”and he was held in custody for some two hours before being released. In an action for, inter alia, wrongful arrest and false imprisonment the judge ruled that the arrest had been unlawful as the constable’s explanation of the reason for the arrest had been insufficient and the plaintiff was awarded £5,000 by way of damages. The defendants appealed.
Held:
The judge had been wrong to withdraw from the jury the issue as to whether the arrest had been unlawful and the appeal would be allowed to that extent.
Purchas LJ:
“The powers of arrest without warrant which the (constable) purported to exercise were granted under S.2(4) of the Criminal Law Act 1967, now replaced in equivalent terms by S.24(6) of the Police and Criminal Evidence Act 1984. That this power should be available to constable is important for the protection of the public for obvious reasons. It is, however, of equal importance to the protection of the selfsame citizens that the statutory powers to which I have just referred should not be abused. It was for this reason that the “rules” summarized in the speech of Viscount Simon in Christie v Leachinsky [1974] AC 573-588 came to be recognized by the courts… It would be superfluous to repeat the further analysis of this historic foundation of the principle that the person arrested must be made aware of the reasons for that arrest contained in Viscount Simon’s speech. The principle remains unqualified in any material respect today. Neither the 1967 Act nor the 1984 Act by any statutory provision made any such qualification.
With respect to the judge, he fell into error in describing this requirement being part of the process of an arrest without warrant as being “a technical matter”. That it should be treated in this manner is, in my judgment, alien not only to the modern day concept but also to the historical foundations on which it is based. The question whether the person arrested was reasonably informed of the reasons for that arrest is ultimately a question for the jury. Of course, in any case in which a jury has a part to play it is open to, and indeed the duty of, the trial judge if he is satisfied that there is no evidence on which the jury can reach a relevant conclusion to withdraw the matter from the jury. In cases of wrongly arrest, in which the issues have specifically and exceptionally been left for determination by a jury, the judge ought to be very slow to withdraw any particular issue from them.
In this case the evidence of the (constable),assuming, as one must do in determining a question whether to withdraw the matter from the jury, that it is correct, shows that for some time before the act of arrest a conversation took place during which it must have been made abundantly clear to the …plaintiff (to whatever extent he may or may not have understood English) that his right to drive the car or to be in charge of it was under question. I need not set out the account given in chief by the (constable) relating to her inquiries of the… plaintiff whether he owned the vehicle and the extremely abusive and unhelpful answers he gave leading up to the (constable) saying,” Unless you can satisfy me with regard to the ownership of this vehicle I will have to arrest you” his reply, you can’t arrest me. ” Your British laws mean nothing to me”, and his then being told that he was being arrested for unlawful possession of the vehicle. Although this was the way the evidence came out on the transcript, the contemporary notebook and arrest report do not make specific mention of “the vehicle”. However, as Woolf LJ has already pointed out, it is essentially irrelevant whether the vehicle was or was not specifically mentioned. It must have been made abundantly clear to the … plaintiff that it was the unlawful possession of the vehicle which was the basis for the arrest.
The statutory provision requires that before he exercises the power of arrest a constable, with reasonable cause to do so, must suspect that an arrestable offence has been committed and must also, with reasonable cause, suspect the person whom he arrests to be guilty of that offence. The common law imposes the further requirement that the person arrested must be informed in one way or another of the identity and status of the person making the arrest and the grounds on which the arrest is being made. No issue in this case has arisen with respect to the ruling made by Leonard J relating to the statutory provision. There will obviously be, if the matter comes to trail, questions to be resolved such as: was it reasonable for the (constable) to believe that an offence had been committed at all…? But that is not a matter for consideration here.
The issue as regards the ruling made by Leonard J depends on the common law requirement that the person arrested should know why and how he is being arrested and for what. This is a matter, as I have already said, which can be withdrawn from the jury if there is no evidence on which the jury can deliberate which is germane to the decision. On the assumption that the (constable’s) evidence is correct, I find it inconceivable that as a result of the interchange between the… plaintiff and the…the… plaintiff was not fully aware of the reason for which he was being arrested. Shortly before the arrest he had been repeatedly asked to give information as to the ownership of the vehicle and had objectionably refused to do so. He had then been told that if he would not supply the information then he would be arrested and thereupon he was arrested for unlawful possession”.
The (constable’s) evidence, which really cannot be refused, was that she thought that the vehicle had either been stolen by the… plaintiff or been driven away by him without the owner’s consent or that he was a receiver of a vehicle that had been stolen by somebody else. Without any further investigation it would be quite impossible for an arresting officer to elect between these three possibilities. Indeed, certainly two of them could be made alternative counts or charges. I can see no mandate in the common law for a requirement that a constable exercising his powers of arrest without warrant should specify the particular crime for which the arrest is being made, provided that one or more of such alternatives present to his mind were arrestable offences. Nor does the arresting constable have to impart the information to the arrested person in the form of a technical statutory or common law definition. In my judgment, it is sufficient that commonplace words be used, the obvious meaning of which informs the person arrested of the offence or type of offences for which he is being arrested. This is quite sufficient to give him the opportunity of volunteering information which would avoid the arrest or, alternatively, although I must personally express some reservation on this aspect of the law as it appears from the authorities, permit forcible resistance against arrest. For these reason I agree… that Leonard J was wrong to withhold from the jury the question whether a reasonable explanation was given to the… plaintiff by the (constable) and that this question, which was one essentially for the jury, should have been left to them.”
(1355words)
Questions:
1. Who are the parties of the case?
2. What court handles this case?
3. Why was the plaintiff arrested?
4. Do you think the constable’s arresting the motorist lawful? Why or why not?
5. What is the legal basis for the constable to arrest the plaintiff without warrant?
l Law (Law can be understood and studied from different perspectives, including the philosophical, psychological, political, anthropological, historical and sociological ones.)
¨ A rule of conduct or procedure established by custom, agreement, or authority.
¨ The body of rules and principles governing the affairs of a community and enforced by a political authority; a legal system.
¨ A set of rules or principles dealing with a specific area of a legal system.
¨ The science and study of law; jurisprudence.
l A bill is a legislative proposal offered for debate before its enactment.
l Ratio decidendi is a Latin word which means the principle or rule constituting the basis of a court decision.
l Common law system is the system of law that prevails in
l Obiter dictum is an incidental comment made by the judge in his opinion, which is not necessary to the formulation of the decision nor binding as precedent.
l Due process of law: When applied to judicial proceedings, this phrase, often shortened to due process, traditionally means a course of legal proceedings according to those rules and principles which have been established in our system of jurisprudence for the protection and enforcement of private rights.
l Administrative tribunals are decision-making bodies established by statute. They function somewhat like courts, but focus on specialized areas such as environmental appeals, labour relations, public utilities, and tenancy disputes. Decisions of administrative tribunals are subject to review by superior courts or the Federal Court. (3-II-17)
l Plaintiff is the party who brings suit in a court of law.
l Ten-minute rule procedure means MP is allowed 10 minutes to make case for new piece of legislation.(6-I-4)
l Queen’s Speech is a speech prepared by the government and read by the Queen to Parliament (assembled in the House of Lords) at the beginning of a parliamentary session. It outlines the government’s principal legislative and policy proposals for the session. (6-I-Note3)
l Royal Assent means the agreement of the Crown, given under the royal prerogative (privilege) and signified either by the Sovereign in person or by royal commissioners, that converts a Bill into an Act of Parliament or gives a Measure the force of an Act. (6-I-Note5)
l Joint Resolution is similar to the bill, but may propose an amendment to the Constitution. They are not presented to the President for approval, but sent directly to the Administrator of General Services.
1. How do you understand law?
2. What do you think law deals with?
3. Why is law important in our social life?
4. In debtor-creditor law, how many types of creditors are there? And what are they?
5. What are the major functions of law?
6. What do you think are the possible sources of English law?
7. What are the three forms of European law?
8. How do you understand legislation and delegated legislation? What are the differences between them?
9. What’s the main difference between civil law and common law?
10. How many legal systems are there in the world? What are they? Where do they predominate respectively?
11. What are the characteristics of socialist law?
12. What makes
13. What are the common sources of legislative proposals in the
14. What’s the whole legislative process in
15. What do you know about the British Parliament?
16. What’s the difference between a “Bill” and an “Act of Parliament”?
17. What are the major sources of law in
18. If a Bill is vetoed by the President, does it still has any chance of becoming a law? If yes, then what’s the chance? If no, then why?
l Comprehensive reviews of the law literature by some scholars indicate that there are almost as many definitions of law as there are theorists. (p2, Text I, Unit 1=1-I-2)
l In the penal style of social control, deviant behavior represents one side of a social conflict in need of resolution without consideration as to who is right or who is wrong (for example, marital disputes). (1-I-7)
l Ideally, law is to be employed only when other formal and informal methods of social control fail to operate or are inadequate for the job. (1-I-8)
l Law is not only a set of rules for conduct, but also a means to specify duties and promote social justice.
l Law is a rule for conduct enacted or acknowledged by the state, enforced by state coercion, specifying rights and duties, and thus universally applicable in society.
l People benefit from anarchy more than totalitarianism. (1-II-3)
l The sources of English law today include Community law, legislation, delegated legislation, case law, and custom, excluding legal textbooks. (2-I-1)
l Obiter dictum is the doctrine of precedent, under which it is necessary to follow earlier judicial decisions when the same points arise again in litigation. (1-III-2.)
l Just as laws between and among states may differ, conflicts arise between national and international law. When the national law and the international are inconsistent, two important principles can help to resolve the conflict. One is the act of state doctrine, the other is the principle of comity.
l Whereas public Acts affect the public generally; private Acts only affect a limited sector of the populace, either particular people or people within a particular locality.
l Substantive laws are rules concerning just how substantive laws are to be administered, enforced, changed, and used by players in the legal system (such as filing charges, selecting a jury, presenting evidence in court or drawing up a will). (2-II-1)
l Civil law is “judge-made” law, as distinguished from legislation or “enacted law.” (2-II-4)
l Generally speaking, the legal system in new
l Civil law was compiled and refined in the universities, later codified by the legislature. (3-I-Ex)
l In all Canadian provinces, case law is an important part of the interpretation of the Constitution, statutes and regulations. (3-II-5)
l Decisions of a provincial court of appeal are binding within the province and will be considered of persuasive value in other provinces. (3-II-5)
l Third reading is the key stage when MPs debate the principle of the bill.
l
[wqguo1]Text Ià Comprehension à Vocabulary
[wqguo2]Text Ià Exercises à Blank Filling
[wqguo3]1) Texts and Notes to them; 2) Text Ià Comprehension; 3) Text Ià Exercises --> Translation; 4) Other info such as knowledge about the case reports
[wqguo4]1) Pre-reading questions and comprehension reading questions; 2) Key terms or concepts closely related to the unit topics, usu. appearing in the Notes to the Texts; 3) Professor’s lecture notes
[wqguo5]Text Ià Exercises à Cloze (Changes in blanks and alternatives)
[wqguo6]Text III à Case Reading
|
|
