7、英美法中判决书的结构包括( ) a、事实(facts)和争议焦点(issues) b、双方主张(theoriesof the parties)和诉讼过程(prior proceedings) c、可适用法律(applicable law)和理由(reasoning) d、结论(conclusions)和判决(holding)
8、当事人有权要求恢复原状救济的情况包括( ) a、he acted unofficiously and with intent to charge therefor. 一方有收取报酬的医院,且不属于多管闲事。 b、the things or service were necessary to prevent the other from suffering serious bodily harm or pain. 一方提供的物品或服务对于另一方面受人身伤害或痛苦是必要的。 c、the person supplying them had no reason to know that the other would not consent to receiving them, if mentally competent. 提供物品或服务的一方没有理由知道,如果另一方处于意识清醒、精神健康的情况下,会拒绝接受该物品或服务。 d、it was impossible for the other to give consent or , because of extreme youth or mental impairment ,the other’s consent would have been immaterial. 接受服务或物品的一方因年幼或精神健康受损,无法做出同意的意思表示的,则不考虑其是否同意。
1、the essence of fisher’s grievance consist in ( ). a、physical harm b、material damage c、the offense to personal dignity d、the offense to personal autonomy
2、which one is considered as an offensive contact? ( ) a、cut b、bruise c、unwanted kiss d、burn
3、what kind of right is violated in the conduct of false imprisonment? ( ) a、personal security b、personal dignity c、mental distress d、autonomy
4、mrs. enright must produce her driver’s license upon groves’ demand if ( ) a、she is sitting in a car for a rest. b、she is driving a car. c、she is violating the dog leash ordinance. d、she is making her dog running loose.
第八单元作业
1、what is the difference between a physical contact and an offensive contact?
25、it’s not enough to constitute the battery in american tort law, if there is no actually physical touch?
26、groves' demand for mrs. enright's driver's license was not a lawful order and that refusal to comply therewith was not therefore an offense in and of itself.
27、there is no statute or case law which requires a citizen to show her driver's license upon demand even if she is driving an automobile in usa.