Unit Thirteen Unit Thirteen Testate SuccessionTestate Succession

Teaching PlanTeaching Plan

Objectives:Objectives:

Students will be able to: Students will be able to: 1. Understand what is the meaning 1. Understand what is the meaning

of Succession.of Succession. 2. Know the legal regulations of 2. Know the legal regulations of

Succession.Succession.

Time allotmentTime allotment 1st period pre-reading activities1st period pre-reading activities

(familiar with new words, terms, and (familiar with new words, terms, and background information)background information)

2nd period while reading2nd period while reading (highlights of the text) (highlights of the text)

3rd period while reading3rd period while reading (highlights of the text ) (highlights of the text )

4th period after-reading 4th period after-reading activitiesactivities

Teaching methodsTeaching methods Students read, the teacher asks Students read, the teacher asks

questions and give detailed questions and give detailed explanation by using PPT, or ask explanation by using PPT, or ask students to do PPT and presentation students to do PPT and presentation then the teacher gives comments then the teacher gives comments and summary.and summary.

--- This should be done paragraph by --- This should be done paragraph by paragraph. paragraph.

Background Background

Drafting a will is really quite Drafting a will is really quite simple, but the process does simple, but the process does demand that the testator demand that the testator carefully assess the situation and carefully assess the situation and his own emotions and then make his own emotions and then make preparations based on that preparations based on that assessment. assessment.

Most of us think of a written Most of us think of a written instrument that has been instrument that has been executed with certain formalities executed with certain formalities when we hear the term will. when we hear the term will. However, there are other types However, there are other types of wills—holographic and of wills—holographic and nuncupative---which may be nuncupative---which may be recognized by the law. recognized by the law.

Language pointsLanguage points 1.1.give effect to give effect to “ ”意为 使生效 。此句大“ ”意为 使生效 。此句大意为：在这一方面，谁也没有她本人（立意为：在这一方面，谁也没有她本人（立遗嘱人）对自己的意愿更为了解。不管神遗嘱人）对自己的意愿更为了解。不管神视者们和灵媒们如何渲染，法律总是怀视者们和灵媒们如何渲染，法律总是怀

“ ”疑 来自坟墓那头 的消息，对任何死后的“ ”疑 来自坟墓那头 的消息，对任何死后的财产处置不予承认。财产处置不予承认。

2.2. will contest: will contest: 求证遗嘱是否属实（或是求证遗嘱是否属实（或是否有效）之诉否有效）之诉

3.3. whole life policy whole life policy 终身人寿保险，本句终身人寿保险，本句的意思是：如果办理了预计税金金额的终的意思是：如果办理了预计税金金额的终身人寿保险，这个税单本可以避免。身人寿保险，这个税单本可以避免。

4 .4 .take out: arrange for(insurance)take out: arrange for(insurance) 办理（保险）办理（保险） 5.5.project: vt. project: vt. 预计，预测，推测预计，预测，推测 66 testamentary capacity testamentary capacity 遗嘱能力，立遗嘱能力，立遗嘱的法定资格遗嘱的法定资格

7 7 natural objectnatural object遗产的自然继承人遗产的自然继承人

Language pointsLanguage points          8.8.            undue influence undue influence 不正当影响不正当影响 9. 9. the “living will” : the “living will” : ““ ”生存遗嘱 ，一”生存遗嘱 ，一种书面声明，表示如本人将来由于患不治种书面声明，表示如本人将来由于患不治之症等原因康复无望时，可任其自然死之症等原因康复无望时，可任其自然死亡，不必再用人工方法延续生命。亡，不必再用人工方法延续生命。

After-reading activitiesAfter-reading activities A. A. Answer the following Answer the following

questions according to the text:questions according to the text: 1. Who is the biggest single financial 1. Who is the biggest single financial

beneficiary of Diana’s death?beneficiary of Diana’s death? 2. What are the other two types of 2. What are the other two types of

wills except the written will?wills except the written will? 3. What capacity does a testator 3. What capacity does a testator

have when executing a will?have when executing a will? ..

4. What must the testator do for 4. What must the testator do for

the will to be effective?the will to be effective? 5. What are the two methods of 5. What are the two methods of

changing one’s will?changing one’s will? 6. What is the “living will”?6. What is the “living will”?

B. B. Translate the following sentences into Translate the following sentences into

English:English:11 ．起草一份遗嘱确实很简单，但立遗嘱起草的过．起草一份遗嘱确实很简单，但立遗嘱起草的过程中需要立遗嘱的人要认真考虑情况以及他自己程中需要立遗嘱的人要认真考虑情况以及他自己的感情，然后根据评价做好准备工作。的感情，然后根据评价做好准备工作。

2.2. 当我们一听到遗嘱这个词的时候，大多数的人都当我们一听到遗嘱这个词的时候，大多数的人都把它看成是按照一定的法律程序执行的一个书面把它看成是按照一定的法律程序执行的一个书面的文件。的文件。

3.3. 亲笔遗嘱是指一个完全由立遗嘱的人亲笔写的并亲笔遗嘱是指一个完全由立遗嘱的人亲笔写的并签字的遗嘱。签字的遗嘱。

4.4.随着生活情况的变化，遗嘱要定期修正。随着生活情况的变化，遗嘱要定期修正。 5. A person who drafts a will determines 5. A person who drafts a will determines

the fate of his or her family and the fate of his or her family and disposes of any assets rather than disposes of any assets rather than leaving such important issues to the leaving such important issues to the sometimes cold and unfeeling State.sometimes cold and unfeeling State.

6. However, there are other types of 6. However, there are other types of wills --- holographic and nuncupative--- wills --- holographic and nuncupative--- which may be recognized by the law.which may be recognized by the law.

7. The testamentary capacity needed 7. The testamentary capacity needed to make a will is not tantamount to to make a will is not tantamount to the legal ability to contract.the legal ability to contract.

One method of changing one’s will is One method of changing one’s will is to add a codicil, which is a formal to add a codicil, which is a formal modification or addition to the modification or addition to the existing instrument. existing instrument.

Unit FourteenUnit Fourteen

At the Lawyer'sAt the Lawyer's

Teaching PlanTeaching Plan

Objectives:Objectives:

Students will be able to: Students will be able to:

• 1. Understand what a contract means.1. Understand what a contract means.

• 2. Master some related legal terms;2. Master some related legal terms;

• 3. Conduct a series of reading, 3. Conduct a series of reading, listening, speaking and writing listening, speaking and writing activities related to the theme of the activities related to the theme of the unit.unit.

Time allotmentTime allotment

• 1st period Pre-reading activities1st period Pre-reading activities (familiar with new words, terms, and (familiar with new words, terms, and background information)background information)

• 2nd period While reading2nd period While reading (highlights of the text) (highlights of the text)

• 3rd period While reading3rd period While reading (highlights of the text ) (highlights of the text )

• 4th period After-reading activities4th period After-reading activities

Teaching methodsTeaching methods

• Students read, the teacher asks Students read, the teacher asks questions and give detailed questions and give detailed explanation by using PPT, or ask explanation by using PPT, or ask students to do PPT and presentation students to do PPT and presentation then the teacher gives comments then the teacher gives comments and summary.and summary.

--- This should be done paragraph by --- This should be done paragraph by paragraph. paragraph.

Background MaterialBackground Material• When When a persona person put put money into the ticket machine, money into the ticket machine, hehe actually actually

formed a formed a contract with the company, but the company was contract with the company, but the company was represented at that time by a machine. This is the point. represented at that time by a machine. This is the point. The person The person paid the money and got a ticket. paid the money and got a ticket. HeHe couldn't refuse it. couldn't refuse it. HeHe couldn't couldn't get your money back. Even if get your money back. Even if HeHe had protested to the machine, had protested to the machine, even if you had sworn at it, it would have remained unmoved.even if you had sworn at it, it would have remained unmoved.

Pre-reading tasksPre-reading tasks

•What is contract?What is contract?

•What’s the contract’s force?What’s the contract’s force?•

Language pointsLanguage points• 11 、、 It was all due to the negligence of It was all due to the negligence of

the Shop-parking Departmentthe Shop-parking Department . .

•一切都是由于超市的疏忽造成的。一切都是由于超市的疏忽造成的。• 22、、 Cars are parked at the owner's risk.Cars are parked at the owner's risk.

•在此停车，后果自负。在此停车，后果自负。• 33 、、 This doesn't prove that the This doesn't prove that the

department has no liability in your department has no liability in your case. case.

•这并不能证明在你的案件中商场没有责任。这并不能证明在你的案件中商场没有责任。

• 44 、、 QQuite a lot of conditions, among uite a lot of conditions, among which there is one that excludes which there is one that excludes even liability for injury to customers.even liability for injury to customers.

•有很多条款，甚至还有顾客伤害的免责条有很多条款，甚至还有顾客伤害的免责条款。款。

• 55、、 From a legal point of view, the From a legal point of view, the whole process can be translated into whole process can be translated into offer and acceptance. offer and acceptance.

• “从法律角度来看，整个过程被分为 要“从法律角度来看，整个过程被分为 要” “ ”约 和 承诺 。” “ ”约 和 承诺 。

• 66、、 The court will certainly refuse to The court will certainly refuse to enforce the exclusion clause against enforce the exclusion clause against us. us.

•法庭当然会拒绝执行对我们不利的免责条法庭当然会拒绝执行对我们不利的免责条款。款。

After-reading activities After-reading activities

• A. A. Answer the following questions Answer the following questions according to the text:according to the text:

• B. B. Put the following sentences into Put the following sentences into EnglishEnglish

•   • A. A. Answer the following questions Answer the following questions

according to the text:according to the text:•1.1.    Would you state the condition Would you state the condition

of this case?of this case?•2.2.    What is the lawyer's What is the lawyer's

reasoning?reasoning?•3.3.    Do you think the lawyer is Do you think the lawyer is

reasonable?reasonable?•4.4.    What opinions do you hold What opinions do you hold

about automatic machines?about automatic machines?

• 55 、、 Can you imagine other parking problems? Can you imagine other parking problems? Discuss them with your classmates.Discuss them with your classmates.

• 6. A Cleaning Company hires migrant workers 6. A Cleaning Company hires migrant workers who cannot read to mix hazardous cleaning who cannot read to mix hazardous cleaning fluids in large vats. The vats have warning fluids in large vats. The vats have warning labels on them, but the migrants cannot read labels on them, but the migrants cannot read them. The warnings tell workers they could them. The warnings tell workers they could die if they come in contact with the fluids in die if they come in contact with the fluids in the vats. One day a worker accidentally falls the vats. One day a worker accidentally falls in the vat. in the vat.

B.B.Put the following Put the following sentences into English:sentences into English:

•   11 ．．产品责任是今年来常用的一个概念，产品责任是今年来常用的一个概念，它表示制造者、加工者或销售者对其物品它表示制造者、加工者或销售者对其物品或产品的内在缺陷或状况所造成的人身或或产品的内在缺陷或状况所造成的人身或财产损害所负的责任。财产损害所负的责任。

• 22．．禁止被告继续使用原来的标志。禁止被告继续使用原来的标志。• 33．．广告内容不够准确，违反了贸易法。广告内容不够准确，违反了贸易法。

Movie Appreciation:Movie Appreciation: Legally Blond(2 Legally Blond(2 Periods)Periods)

Unit FifteenUnit Fifteen

Tort lawTort law

Teaching PlanTeaching Plan

Objectives:Objectives:

Students will be able to: Students will be able to: ► 1. Know something about the Tort 1. Know something about the Tort

lawlaw► 2. Master some related legal terms;2. Master some related legal terms;► 3. Conduct a series of reading, 3. Conduct a series of reading,

listening, speaking and writing listening, speaking and writing activities related to the theme of activities related to the theme of the unit.the unit.

Teaching Plan: time Teaching Plan: time allotmentallotment

►1st period Pre-reading activities1st period Pre-reading activities (familiar with new words, terms, and (familiar with new words, terms, and background information)background information)

►2nd period While reading2nd period While reading (highlights of the text) (highlights of the text)

►3rd period While reading3rd period While reading (highlights of the text ) (highlights of the text )

►4th period After-reading activities4th period After-reading activities

Teaching methodsTeaching methods►Students read, the teacher asks Students read, the teacher asks

questions and give detailed questions and give detailed explanation by using PPT.explanation by using PPT.

►Ask students to do PPT and Ask students to do PPT and presentation then the teacher gives presentation then the teacher gives comments and summary.comments and summary.

►Make clear that every society has a Make clear that every society has a legal system by asking pre-reading legal system by asking pre-reading questions.questions.

--- This should be done paragraph by --- This should be done paragraph by paragraph. paragraph.

Background MaterialBackground Material

► Tort law is designed to protect an Tort law is designed to protect an individual's rights with respect to his individual's rights with respect to his person and property. It is based on the person and property. It is based on the principle of awarding principle of awarding compensation/damages to victims compensation/damages to victims against a party at fault. Over the last against a party at fault. Over the last 100 years, there have been a multitude 100 years, there have been a multitude of cases imposing liability even in the of cases imposing liability even in the absence of intent or negligence. absence of intent or negligence.

► There are three categories of tort There are three categories of tort liability: intentional tort, negligence, liability: intentional tort, negligence, and strict liability. and strict liability.

► Intentional torts are those in Intentional torts are those in which a person either intended to which a person either intended to harm someone or knew that harm harm someone or knew that harm would result from the action. The would result from the action. The defenses of consent, privilege, and defenses of consent, privilege, and necessity apply to this category. necessity apply to this category.

► Negligence is the unintentional Negligence is the unintentional causing of harm. It refers to that the causing of harm. It refers to that the defendant has neglected to do defendant has neglected to do something that he ought to have done, something that he ought to have done, but has acted carelessly and negligently. but has acted carelessly and negligently. As an English judge has put it:" In strict As an English judge has put it:" In strict legal analysis, negligence means more legal analysis, negligence means more than heedless or careless conduct, than heedless or careless conduct, whether in omission or commission .whether in omission or commission .

Pre-reading tasksPre-reading tasks

►What tort law do you know about? Can What tort law do you know about? Can you say something about them? you say something about them?

►How to protect your rights with tort How to protect your rights with tort law?law?

Language pointsLanguage points

►1.1.  Strict liability is a separate basis of   Strict liability is a separate basis of tort liability because it has nothing to tort liability because it has nothing to do with either intent or negligence.do with either intent or negligence.

►2. 2. It's common for an assault and It's common for an assault and battery to occur together. False battery to occur together. False imprisonment tort is the affliction of imprisonment tort is the affliction of bodily restraint on a person that is not bodily restraint on a person that is not authorized by the law. "imprisonment", authorized by the law. "imprisonment",

►3.3.The development of this concept The development of this concept represents a policy decision that it is represents a policy decision that it is more ethical (more ethical ( 道德的道德的 ) to place the ) to place the monetary responsibility for injuries monetary responsibility for injuries caused by products on the sellers than caused by products on the sellers than on the userson the users . .

►4. 4. Since strict liability is based more on Since strict liability is based more on economic reasons that on fault.economic reasons that on fault.

►5.5.In order to prove negligence, a In order to prove negligence, a

plaintiff must demonstrate the plaintiff must demonstrate the existence of the following four existence of the following four elements: the existence of a legal elements: the existence of a legal duty of care owed by the defendant duty of care owed by the defendant to the plaintiff. to the plaintiff.

►6. 6. Actual injuries, and a close causal Actual injuries, and a close causal connection between the defendant's connection between the defendant's conduct and the plaintiff's injuries.conduct and the plaintiff's injuries.

After-reading activities After-reading activities

►A. A. Answer the following questions:Answer the following questions: ►B. B. Translate the following into Translate the following into

English:English:

►Answer the following questionsAnswer the following questions::►   

►1.1.    Is strict liability based on fault Is strict liability based on fault or on negligence?or on negligence?

►2.2. What is tort law?What is tort law?►3.3.  What is the classification of What is the classification of

tort law?tort law?

►44 What is included in the tort law What is included in the tort law

against a person?against a person?►55 Where can a strict liability be Where can a strict liability be

used to?used to?►66 Explain the tort law depending Explain the tort law depending

on your experience and on your experience and knowledge.knowledge.

►B.B.Translate the following into Translate the following into English:English:

►1.1. 某种行为有可能既是侵权行为，又某种行为有可能既是侵权行为，又是犯罪行为。是犯罪行为。

►2.2. 校方对学生的安全负有注意照顾义校方对学生的安全负有注意照顾义务。务。

►3.3.   法律上经常使用合理预见这一概法律上经常使用合理预见这一概念。念。

►4.4. 对诽谤诉讼有许多可行的抗辩，包对诽谤诉讼有许多可行的抗辩，包括真实性和特有权。括真实性和特有权。

►5.5. 对人身的侵权行为从形式上讲有三对人身的侵权行为从形式上讲有三种：攻击、殴打、错误监禁。种：攻击、殴打、错误监禁。

►6.6. 侵权是一种与刑事过错相对应的民事侵权是一种与刑事过错相对应的民事过错过错。。

Unit sixteen International Law: An

Overview

Teaching PlanTeaching Plan Objectives:Objectives:

Students will be able to: Students will be able to: 1. grasp the meaning of the international law1. grasp the meaning of the international law 2. master some related legal terms;2. master some related legal terms; 3. conduct a series of reading, listening, 3. conduct a series of reading, listening,

speaking and writing activities related to the speaking and writing activities related to the theme of the unit.theme of the unit.

Time allotmentTime allotment

1st period Pre-reading activities1st period Pre-reading activities (familiar (familiar with new words, terms, and background with new words, terms, and background information)information)

2nd period while reading2nd period while reading (highlights of the (highlights of the text) text)

3rd period while reading3rd period while reading (highlights of the (highlights of the text ) text )

4th period after-reading activities4th period after-reading activities

Teaching methodsTeaching methods

Students read, the teacher asks questions and Students read, the teacher asks questions and give detailed explanation by using PPT.give detailed explanation by using PPT.

Ask students to do PPT and presentation then Ask students to do PPT and presentation then the teacher gives comments and summary.the teacher gives comments and summary.

--- This should be done paragraph by --- This should be done paragraph by paragraph. paragraph.

Background MaterialBackground Material

International law consists of rules and International law consists of rules and principles govern the relations and dealings principles govern the relations and dealings of nations with each other. International law of nations with each other. International law concerns with questions of rights between concerns with questions of rights between several nations or nations and the citizens several nations or nations and the citizens or subjects of other nations. or subjects of other nations.

Pre-reading questionsPre-reading questions

What is international law?What is international law? What is the difference between private What is the difference between private

international law and public international law?international law and public international law? What is included in international lawWhat is included in international law ? ?

Language PointsLanguage Points 1. 1. Customary law and conventional law are Customary law and conventional law are

primary sources of international lawprimary sources of international law . .习惯习惯法和宪法性法律是国际法的渊源。法和宪法性法律是国际法的渊源。

2. 2. International law includes the basic, International law includes the basic, classic concepts of law in national legal classic concepts of law in national legal systems -- status, property, obligation, and systems -- status, property, obligation, and torttort or delict. or delict. 国际法包括国家法律体系的基国际法包括国家法律体系的基本、传统的组成部分，如法规，物权法，本、传统的组成部分，如法规，物权法，义务，侵权等。义务，侵权等。

33 、、 Charter of the United NationsCharter of the United Nations ： 联合国 ： 联合国宪章宪章

44、、 International law impose upon the nations International law impose upon the nations

certain duties with respect to individuals.certain duties with respect to individuals. 国际法给国家一些有关个人的义务。国际法给国家一些有关个人的义务。55 、、 International Court of JusticeInternational Court of Justice ：国际法庭：国际法庭

After-reading activities After-reading activities

A. A. Answer the questions according to the Answer the questions according to the passagepassage..

B. B. Translate the following sentences into Translate the following sentences into English.English.

A. A. Answer the questions according to the Answer the questions according to the passagepassage    

1.1. What is international law?What is international law? 2.2. What is the difference between private What is the difference between private

international law and public international law?international law and public international law? 3.3. What is included in international law?What is included in international law? What is coustomory law and conventional law?What is coustomory law and conventional law?

44 、、 State their relationship with international State their relationship with international

law.law. 55、、 What is the role of the United Nations?What is the role of the United Nations? B. B. Translate the following sentences into Translate the following sentences into

English.English.   1.1. 争论的焦点不是我们该不该做，争论的焦点不是我们该不该做， 而是我而是我

们能不能做。们能不能做。 2.2.    他默默接受他双亲为他安排的计划。他默默接受他双亲为他安排的计划。

3.3. 政府允诺要整理法规。政府允诺要整理法规。 4.4. 借助法律力量防止罪案。借助法律力量防止罪案。 5.5. 我无法忍受他对我的人格诽谤。我无法忍受他对我的人格诽谤。 6.6. 这两个表面黏着，我们无法将这两个表面黏着，我们无法将 他们分开。他们分开。