书城外语法律专业英语教程
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第81章 Appendix B Keys to the Exercises练习答案(3)

1.ach society has its own conception of the rights of the individual and the rights of the group. A nation s property law usually reflects its basic attitude to individual and group rights.

2. It distinguishes between real and personal property.

3. The law of“nuisance”restricts someonefromusing his land in such a way as to hurt his neighbors, pouring smoke or sending bad smells onto their land.

4. A“life estate”( one s right to live in a certain house, for example, until he/she dies) , is a time segment.

5. It deals with the limit imposed on what people can do with their property. This was an issue in the law of nuisance, but modern controls go far beyond this.

6. Zoning ordinances divide towns into zones designated for different uses.

7. A court resolves the dispute by adjudicating the priorities of the interests when different parties may claim an interest in property by mistake or fraud, with the claims being inconsistent of each other.

8. Y es, he/shecan.

9. The basic distinction in common law systems is between real property ( land) and personal property ( chattels) .

10. Corporeal hereditament and incorporeal hereditament.

II. Phrase translation from Chinese into English.

1. law of property 2. real property 3. law of easement 4. zoning ordinances

5. bankruptcy law6. real estate7. IOU8. joint ownership

9. future ineterests10. incorporeal hereditament

III. Fill in the blanks with the words and expressions in the box.

( 1) enforceable( 2) overlap( 3) sale( 4) alongside

( 5) sue( 6) confer( 7) license( 8) interests

IV. Paragraph translation from English into Chinese.

财产法仍旧是法律的一个基本部门。不动产是法律实践中一个重要部分。事实上,长远来看我们(法律)体系的一个主要发展就是在不动产法方面的相对弱化。在中世纪英国,稍微夸张地说土地法就是关于土地(所有)的法律。当Blackstone在18世纪中期发表他的“(法律)注释”时,有整整一章都是关于土地法的。而如果Blackstone到了现代,那他会把这一章缩小到整部法律的5%或者顶多10%。

V. Oral work.

Omitted.

Lesson8

I. Reading Comprehension.

1.he UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales.

2. Family law also encompasses wardship, child abduction and parental responsibility as well.

3. The Court of Appeal allows the reporting of certain cases, provided the family remains anonymous.

4. It will encourage each parent to identify their fears, real or imagined, about what will affect their children now that the parents have separated.

5. It will be treated as justification for limiting his involvement in his children s upbringing.

6. It is argued that effort would be better spent dealing properly with the trauma of the parents initial separation and allowing the children to maintain their relationships with both parents continuously.

II. Phrase Translation from English into Chinese. 1.特权阶级,既得利益

2. (诉讼中的)对抗制度

3.联络中心

4.公法,国际公法

5.私法

6.暂行法令,临时命令,临时裁决令

7.禁止旁听地,秘密地

8.家事法院

9.以尚在争论的问题为依据;用未经证明的假定来辩论

10.治安法院,地方法院

III. Fill in the blanks with the words and expressions in the box.

( 1) care ( 2) terms ( 3) divorce ( 4) interests

( 5) disputes( 6) mutual( 7) prevalent( 8) adopted

IV. Discussion.

Omitted.

Lesson9

I. Reading comprehension.

1. ntellectual property rights area bundle of exclusive rights over creations of themind, both artistic and commercial.

2. Artistic properties and commercial properties. The former is covered by copyright laws, which protect creative works, such as books, movies, music, paintings, photographs, and software, and gives the copyright holder exclusive right to control reproduction or adaptation of such works for a certain period of time. The second category is collectively known as“industrial properties”, as they are typically created and used for industrial or commercial purposes.

3. Intellectual property is intangibleand is created by intellectual effort as opposed to physical effort.

4. A trademark is a distinctivesign which is used to prevent confusion among products in the marketplace.

5. The main objective of intellectual property is to stimulate technological progress, to the benefit of society.

6. Technology diffusion occurs if intellectual property is licensed or sold.

II. Phrase translation from Chinese into English.

1. intellectual property rights 2. copyright 3. industrial properties 4. trademark

5. technology diffusion6. patent7. monopoly rights8. legal monopoly

III. Fill in the blanks with the words and expressions in the box.

( 1) monopolies ( 2) commercial ( 3) property ( 4) inventions

( 5) copyrights( 6) governing( 7) term( 8) commonplace

IV. Paragraph translation from English into Chinese.

然而,被质疑专利侵权的一方可以用许多方式逃避责任。一个方式是证明被质疑的产品或过程是在专利的领域之外。另一个方式是证明由于专利未能满足专利性的标准而无效。第三个方式是证实专利权人滥用专利。当一个专利权人利用专利去非法的完成某些事时,专利滥用就发生了。最常见的滥用专利权常发生在专利权人利用其专利违反反垄断法的时候。

V. Paragraph translation from Chinese into English.

A trademark is a mark on goods that distinguishes the marked goods from competing goods. The mark may be a word, picture or design. In order to qualify as a trademark, the mark must not be overly descriptive or generic.Trademarks are protected through registration. Unauthorized use of the registered trademarks of others is illegal. Public perception plays a significant role in trademark law. If the public comes to perceive that a trademark is generic, it will lose its legal status as a trademark. Public perception can also create a legal right for an attribute of a product. If a product s shape or style or features are arbitrary and nonfunctional, and thegeneral public comes to view thesefeatures as associated with a particular product, they aresaid to have acquired a secondary meaning, which may be registered and protected.

VI. Discussion.

Omitted.

Lesson10

I. Reading comprehension.

1.ommercial law ( sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law.