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1、法律英语教案 An Unwritten Constitution,I. Suggested Teaching Plan Objectives Students will be able to: 1. understand the main idea (the function of each organ of the government and their relationship in England) of the text; 2. master some related legal terms; understand how the government work 3. conduct
2、 a series of reading, listening, speaking and writing activities related to the theme of the unit.,Time allotment 1st period pre-reading activities (familiar new words, warming-up questions and background information) 2nd period while reading (highlights of the text) 3rd period highlights of the tex
3、t 4th period after-reading activities,II. Teaching Method(s) 1. ppt or 2. teacher gives lecture mainly or 3. students read, teacher asks questions with detailed explanation or 4. ask students do ppt to do presentation,III. Cultural Background Notes 1. Parliament 议会。指三权分立制的国家的最高立法机关。议会起源于英国。英国议会分上议院和
4、下议院 2Elizabeth II 伊丽沙白二世。英国女王，1952年登基。 3Cabinet 内阁。A group of the most important government ministers, responsible for advising and deciding on government policy 4House of Commons 下议院。亦称平民院，由郡、市、自治市的代表组成。 5House of Lords 上议院。亦称贵族院，由宗教贵族、世俗贵族及一部分苏格兰贵族组成。 6The gentleman Usher of the Black Rod 黑杖侍卫先生。英
5、国上议院官员，第一个黑杖侍卫是1361年设立的。在议会中他控制陌生人进入，帮助同级贵族之间互相介绍，惩治侵犯王权和蔑视王权的人。,IV. Detailed reading Pre-reading tasks Warming-up questions 1. How much do you know about English constitution? 2. Can you guess what the theme of this unit refers to? 3. Can you say something about the organ of the English government?
6、,Contents: constitution the system of laws and basic principles that a state, a country or an organization is governed by unwritten constitution a body of fundamental legal and governing principles that evolved over time, finds its strength in generations of acceptance, and is expressed though royal
7、 decrees and concessions, statutes, case law, and hallowed tradition. - Great Britain has an unwritten constitution.,sovereign a king, queen, or similar supreme ruler the government of an independent state or nation; the supreme legal authority monarch a person who rules a country or an empire execu
8、tive branch pertaining to the branch of government charged with implementing the law, headed at the state level by the governor of each state and at the national level by the President, and operation through executive departments and administrative agencies.,commander-in-chief the officer who comman
9、ds all the armed forces of a country or all its forces in a particular area bill a written suggestion for a new law that is presented to a countrys parliament so that its members can discuss it - to approve/reject a bill; - the Education Reform Bill,queens tasks (1)head of the Executive branch; (2)h
10、ead of the court system; (3)commander-in-chief of armed forces; and (4)head of the Church of England - powers are few Cabinet prime minister is the head of the Cabinet; ministers of the group is made up of leaders of the political party, which has the most seats in the House of Commons -govern the n
11、ation Prime Minister advice queen appoints other ministers (from) House of commons / House of Lords,House of Commons elected by people; represent the voice of people - 630persons, where money and the policies of the government can be talked about warmly；elections for seats in Commons every 5 years (
12、Prime Minister can call for elections if he feels necessary) -most powerful body in the government House of Lords life peers and those from Churchjoin debate to influence the course of government -few powers, the door is slammed in his face 议会大门砰地一声把他关在门外 and he can deliver the Queens message 他才能传送女
13、王的旨意,V. After-reading activities A. Try to do the exercises according to the text. 1. Comprehension of the text. Answer the following questions 1). What is the form of government based on in Britain? 2). According to the text, which of the following does not hold power? 3). Which of the following ca
14、uses a new election of the Cabinet? 4). Where are the policies of the government warmly discussed and closely watched? 5). How often is the election for seats in Commons held?,2. Vocabulary Compare and contrast the following pair of words. unlike/dislike responsible/responsibility decide/decision ap
15、prove/approval represent/representative 3. Grammar Use of noun word Choose the right answer from the four choices given,B. Supplementary reading The British constitution is just as important to the British as the U.S. Constitution is to the Americans. Nevertheless, it is not written; that is to say,
16、 it has never been wholly reduced to writing. Further, since Parliament is sovereign it can, without any special procedure, and by simple Act, alter any law at any time, however fundamental it may seem to safeguard the rights of the subject and although certain legal remedies, such as habeas corpus,
17、 are designed to protect him, yet, under the British Constitution, there are no guaranteed rights similar to the fundamental liberties safeguarded by the U.S. Constitution,The statement that the British Constitution is not written does not mean that British possess no important constitutional docume
18、nts; it merely means that the constitution is not embodied in any single document, or series of documents, containing British essential constitutional laws. Thus British have many enactments which either have been or still are, of great importance. One need only cite as examples Magna Carta (1215),
19、the Bill of Rights (1688)which sets out the principal rights gained by Parliament and the nation as the result of the seventeenth century constitutional struggles the Act of Settlement (1700), and the Parliament Acts 1911 and 1949.,Torts,I. Suggested Teaching Plan Objectives: Students will be able t
20、o: understand the main idea (the knowledge of tort law)of the text; 2. master some related legal terms; 3. conduct a series of reading, listening, speaking and writing activities related to the theme of the unit.,Time allotment 1st period pre-reading activities (familiar new words, background inform
21、ation) 2nd period while reading (highlights of the text) 3rd period highlights of the text 4th period after-reading activities,II. Teaching Method(s) 1. ppt or 2. teacher gives lecture mainly or 3. students read, teacher asks questions with detailed explanation or 4. ask students do ppt to do presen
22、tation,III. Cultural Background Notes Tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. Certain torts, such
23、as nuisance, may be suppressed by injunction. Many crimes are also torts; burglary, for instance, often constitutes trespass. The history of Anglo-American tort law can be traced back to the action for trespass to property or to the person. Not until the late 18th cent. was the currently observed di
24、stinction made between injury willfully inflicted and that which is unintentional. In the early 19th cent., negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.,IV. Detailed reading Pre-reading tasks 1. How much do you know about Torts la
25、w? 2. What can be covered in torts law?,Contents tort a wrongful act, other than a breach of contract, that results in injury to anothers person, property, reputation, or some other legally protected right or interest, and for which the injured party is entitled to a remedy at law, usually in the fo
26、rm of damages tortfeasor a person or entity that commits a tort trespass 1. n. in the broadest sense, any unlawful conduct, esp. any wrongful interference with the person or property of another - trespass to goods/person 2. n. the common law form of action to recover damages for wrongful interferenc
27、e with ones person or property.,wrong the violation of or failure to perform a legal duty, or the infringement of anothers legal rights - civil wrong 民事过错 fellow servant rule/doctrine 共同雇员原则 the common law rule that employer is not liable to an employee for injuries resulting from the negligence of
28、a fellow employee on the job. This rule has been abolished in 1948.,Farwell v. Boston conduct that falls short of the degree of care that a reasonable person would have exercised in the same circumstances,recover to obtain through litigationusually money or property, but sometimes other relief; usua
29、lly compensation for what has been lost, but sometimes punitive damages reasonable man/person a person of ordinary intelligence and prudence strict liability civil or criminal liability imposed upon a person without regard to whether the person intentionally or knowingly did anything wrong or was in
30、 any way reckless or negligent. In tort law, also called liability without fault,V. After-reading activities A. Try to do the exercises according to the text. 1. Comprehension of the text. 1) What is the common characteristic of the behaviors defined as civil wrongs? 2) Which category of civil wrong
31、s has not grown rapidly in the 20th century? 3) As for the product liability, to whom the court judgments are favorable in the 20th century? 4) According to the text, what is the fundamental concept of tort law?,2. Vocabulary Study the following pairs of words and try to use them correctly privacy/p
32、rivate behavior/behave negligent/negligence imagine/imaginary define/definition 3. Grammar Use of pronouns,B. Supplementary reading Torts law is the body of law that deals with civil wrongs, except those that arise from contract problems. The purpose of torts is to compensate an injured party throug
33、h the award of damages for the injuries incurred during a tortuous act. Policy considerations, such as maintenance of a peaceful society, deterrence, social responsibility and balancing of economic interests against societal benefits, play vital roles in tort law because it attempts to find a balanc
34、e between the harm caused to individuals and the benefit to society. Of course, societal wrongs are also dealt with in criminal law. The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole. However, some acts or omissions may be both crim
35、inal offenses and tortuous ones. A simplified equation to explain the elements of a tort action is,act/omission + personal/property interest + intent/negligence/ inadvertence/mistake = tort obviously it would be impossible for any body of law to address every injury, so the questions then become, un
36、der what conditions should liability be imposed? What factors affect liability? And what types of damages/remedies are presumed sufficient under the law to redress these wrongs?,C. Case Reading Miller v. Jackson The facts: The plaintiffs owned a house adjoining a cricket ground. Cricket had been pla
37、yed on the ground for a long time before the house has been built. The plaintiffs complained of damage caused by cricket balls and loss of enjoyment of their property. They brought an action against the cricket club for private nuisance seeking damages (the common law remedy) and an injunction (an e
38、quitable remedy) to prevent cricket being played on the ground. The cricket club argued that it had done everything that was possible to stop the balls coming into the plaintiffs garden, including erecting a fifteen foot high fence. Held: The cricket club was liable to the plaintiffs for private nui
39、sance. And award of damages was made against them but a majority of the court of appeal refused to grant an injunction preventing the playing of cricket.,Opinion: the court when deciding whether to exercise its equitable jurisdiction and grant an injunction must have in mind that it is under a duty
40、to consider the public interest. Where the effect of granting an injunction would be to prevent cricket being played on a ground where it had been played for seventy years or so, the special circumstances are such that the public interest must prevail over the hardship of the individual householders
41、 who were deprived of the ability to enjoy, in peace and quiet, their house and garden while cricket was being played.,Crimes and Punishments,I. Suggested Teaching Plan Objectives Students will be able to: 1. understand the main idea (the general knowledge of crimes and punishment) of the text; 2. m
42、aster some related legal terms; 3. conduct a series of reading, listening, speaking and writing activities related to the theme of the unit. 4. try to understand the criminal procedure,Time allotment 1st period pre-reading activities (familiar new words, background information) 2nd period while read
43、ing (highlights of the text) 3rd period highlights of the text 4th period after-reading activities,II. Teaching Method(s) 1. ppt or 2. teacher gives lecture mainly or 3. students read, teacher asks questions with detailed explanation or 4. ask students do ppt to do presentation,III. Cultural Backgro
44、und Notes Laws are the conditions under which men, naturally independent, united themselves in society. Weary of living in a continual state of war, and of enjoying a liberty which became of little value, from the uncertainty of its duration, they sacrificed one part of it, to enjoy the rest in peac
45、e and security. The sum of all these portions of the liberty of each individual constituted the sovereignty of a nation and was deposited in the hands of the sovereign, as the lawful administrator. But it was not sufficient only to establish this deposit; it was also necessary to defend it from the
46、usurpation of each individual, who will always endeavour to take away from the mass, not only his own portion, but to encroach on that of others. Some motives therefore, that strike the senses were necessary to prevent the despotism of each individual from plunging society into its former chaos. Suc
47、h motives are the punishments established, against,the infractors of the laws. I say that motives of this kind are necessary; because experience shows, that the multitude adopt no established principle of conduct; and because society is prevented from approaching to that dissolution, (to which, as w
48、ell as all other parts of the physical and moral world, it naturally tends,) only by motives that are the immediate objects of sense, and which being continually presented to the mind, are sufficient to counterbalance the effects of the passions of the individual which oppose the general good. Neith
49、er the power of eloquence nor the sublimest truths are sufficient to restrain, for any length of time, those passions which are excited by the lively impressions of present objects.,IV. Detailed reading Pre-reading tasks 1. What do you expect to learn from this unit? 2. What will appear in your mind once you talk about crimes and punishments? 3. Do you think we should impose serious punishments on crimes to protect the safety of society?,Contents : justice 1. the ideal of f