第四届华政杯全国法律翻译大赛初赛试题.doc

第四届华政杯全国法律翻译大赛初赛试题.doc

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第四届华政杯全国法律翻译大赛初赛试题.doc

第四届“华政杯”全国法律翻译大赛初赛试题 试题一 (239 words) Few informed observers of Americas civil justice system would dispute that Americans who cannot afford legal representation in court routinely forfeit basic rights, not due to the facts of their case or the governing law, but due to the absence of counsel. Forging a solution to this serious problem, however, has proven elusive, with the United States now lagging far behind other advanced industrial democracies in ensuring access to justice for its low-income population. Litigation strategies aimed at achieving the recognition of a constitutionally based right to counsel have foundered as judges have hesitated to establish new rights that would likely be onerous for the government to support and enforce. Meanwhile, legislators have been reluctant to commit substantial additional public funds to make a civil justice system already regarded as wasteful and dysfunctional even more litigious. Against this background, it is noteworthy that all three branches of Californias politically fractured state government recently rallied around a new approach to the problem in the form of Assembly Bill (AB) 590. The legislation, signed into law in the fall of 2009, establishes pilot programs that will begin to give low-income Californians access to counsel in civil matters involving critical issues affecting basic human needs. Defined by three key elements?legislative as opposed to judicial line-drawing, targeted experimentation, and an emphasis on pragmatism over judicially enforceable guarantees?AB 590 represents an important new model for expanding access to justice to low-income people. 试题二 (263 words) As all criminal justice observers know, the United States Constitution requires the suppression of evidence found by illegal police activity. Texass statutory exclusionary rule goes even further by excluding evidence illegally procured by private citizens. Texass expansive exclusionary rule is drastically out-of-step with the rest of th

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