II. Put the following terms into Chinese. Some of them are not present in the text. affidavit宣誓书 injunction禁令

affirmative defense积极抗辩 compensatory damages补偿性损害赔偿 cross cllaim相互提出诉讼请求 declaratory judgment宣告式判决 jurisdiction管辖权， 审判权 negligence过失 punitive damages惩罚性的损害赔偿费 sanction制裁 voir dire预先审核 directed verdict直接裁决

Translation

1．The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties and ensure the ascertaining of facts by the people's courts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil rights and obligations, impose sanctions for civil wrongs, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction.

2．The people's conciliation committees shall be mass organizations to conduct conciliation of civil disputes under the guidance of the grass- roots level people's governments and the basic level people's courts. The people's conciliation committee shall conduct conciliation for the parties according to the Law and on a voluntary basis. The parties concerned shall be bound by the settlement agreement reached through conciliation; those who refuse conciliation or those for whom conciliation has failed or those who have backed out of the settlement agreement may file a suit in a people's court. If a people's conciliation committee, in conducting conciliation of civil disputes, acts against the law, rectification shall be made by the people's court.

3．A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence. A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile. Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit.

4．In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin. Pending a decision by the people's court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures.

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Unit Six Tort Law

1. Spot dictation.

1) Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.

2) There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts; negligent torts; and strict liability torts. Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

2. Why do we need tort law?

What if we had no legal system to deal with injuries like these? First, people would have less incentive to avoid injuring other people. Sometimes injuries would occur intentionally; more often, the injuries would be accidental, because people would have less incentive to be careful. An auto manufacturer would have an incentive to cut back on safety measures if it knew it would have an incentive to cut back on safety measures if it knew it would not be liable for injuries that were caused by defective cars. Drivers might be less careful, and property owners might be less inclined to repair their sidewalks. Conversely, businesses and individuals who did act safely would be penalized for their good behavior because it is often more expensive to act carefully with no corresponding reduction in liability.

Second, the victims of accidents would be left to their own resources to pay for medical expenses, lost wages, property damage, and other consequences of injuries they suffer. For most victims the cost would be significant; for the unlucky few, the cost would be catastrophic. Stella Liebeck’s misadventure with hot coffee, for example, would cost her tens of thousand of dollars in hospitalization and doctor bills.

Third, it just would not seem fair that people could freely inflict harm on other people, either intentionally or carelessly. The careless driver would get away with acting wrongfully if he did not have to pay for his actions, and the innocent victim would have to suffer the consequences.

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2. Listern to the passage again and complete the chart. Actors Acts People would have less incentive to avoid injuring other people Auto manufacturers drivers Property owners Would have an incentive to cut back on safety measures. might be less careful might be less inclined to repair their sidewalks Businesses and would be penalized for their good behavior individuals who did act safely

Text A

Build up your vocabulary

I. Match the items in the following two columns

1. c, 2. g, 3. a, 4. h, 5. b, 6. e, 7. i, 8. j 9. d, 10.f

II. Fill in the blanks.

1.negligent 2. fault 3. intentional tort 4. offensive 5. battery

6. trespass 7. breached their duty 8. misconduct 9. Strict liability 10. cause

Cloze

harm, conduct, risks. actor, risk of harm, intentionally, Motive, foreseen, unreasonable, wrongful, burden, fault

Translation 1. 一般原则

（1）侵犯他人隐私权的人对给他人的权益造成的损害承担责任。 （2）侵犯隐私权的形式有：

A 如652条b款规定的情形，不合理地入侵他人的私密住所，；或者 B 如652条c款规定的情形，使用他人的姓名或明星人身权；或者 C 如652条d款规定的情形，不合理地公开他人的隐私；或者

D 如652条e款规定的情形, 公开行为不合理地致使他人给公众留下错误印象。

2．食品出售人或分销商，若出售或分销第2、3、4条中规定的有缺陷的食品，则对该缺陷造成的人身或财产损害承担责任。根据第2条a款，食品中的致害成分，若为理性消费者不能预见该食品中会含有该成分的，则构成缺陷。 3．《侵权法重述》对“侵入”的普通法诉因做如下界定： 入侵他人财产者，无论是否因此行为给他人的合法权益造成损害，只要发生下列故意情形之一，均应承担责任：

A 进入他人土地，或使一物品或第三人进入他人土地；或者 B 在该土地上停留；或者

C 未将有义务移走的物品从该土地上移走。 4．《侵权法重述（二）》第525条规定： 对事实、意见、意图或法律进行虚假陈述，以诱使他人因此作为或不作为的人，对于该被欺骗者因合理信赖该虚假陈述而遭受的金钱损失，应当承担责任。

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Text B

Check your understanding

1. F 2. F 3.T 4.F. 5. T 6.T 7. T 8. T 9. F 10. F

Build up your vocabulary

I. Give the corresponding translation of each of the following terms. English Chinese prescriptive right 因时效而取得的权利 interference with the interest of another 干预他人的权益 redress 赔偿，救济 enjoyment of land 土地享用权 concurrent remedy 共同救济 exclusive possession 独占权 a wrong 违法行为 omission 不作为 assumption of risk personal injury

II.Put the following terms into Chinese: public nuisance 公害

basis of liability 承担责任的根据 a tort action 侵权诉讼 cause in fact 事实原因 remote cause 远因

superseding cause 替代原因 reasonable care 合理注意

de facto tort 事实上的侵权行为

Translation

危险推定 人身损害 private nuisance 私人妨害

consequential injury 继起的伤害 cause of action 诉因 proximate cause 近因

intervening cause 介入原因 per se 本质的 feasibility 可行性

illegal omission 违法的不作为

1．When a civil act is determined null and void or is rescinded, the party who obtained the property as a result of the act shall return it to the party who suffered a loss. The erring party shall compensate the other party for the losses incurred as a result of the act; if both parties are in error, they shall each bear their proper share of the responsibility. 2．One who is engaged in the businesses of manufacturing or selling products is subject to liability to the other for the injury to property or person caused by its defective products. The manufacturers or sellers shall have a claim for damages to the transporter or storekeeper who is liable for the injury. 3．One who feeds or keeps an animal shall be subject to liability for the injury caused by the animal to another, unless the injury is caused due to the fault of the victim, or a third party where the third party shall be liable. 4． The General Principles of Civil Law of the PRC provides both fault liability and no-fault liability. Under the doctrine of fault liability, a wrongdoer(tortfeasor) shall be found liable on the basis of his fault. The tort which is determined under the doctrine shall satisfy the four requirements: the wrongdoer’s fault and the illegality of his act, the certainty of injury, the

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