BEC初级口语素材3
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合同是商务英语BEC中的一部分，学会如何更好的拟好合同，是我们在商业领域中要学会的一门技术，下面就是商务职场中一些常用语句，一定要记住哦! Estimates can be introduced into evidence, or inother words heard by or shown to the judge or thejury, only through the testimony of the estimateprepare or through the plaintiff if the bills were paid.The court will not accept papers prepared by aperson who is not present in court, unless an expertincorporates such documents in his or her ownopinion. If the plaintiff does not show up at the courtproceedings, the case will be dismissed for want ofprosecution. If the defendant does not show up at trial, then the default judgment will beentered against that defendant. If a party cannot come to the court, any representative ofthat party can ask the judge to continue the trial or the scheduled proceeding. A trial orhearing is usually continued by the judge to a selected date at the same room and time.Telephone requests for continuance of trial are not proper. At trial, a party presents own claim or defense by telling the judge their own version ofevents, presenting witnesses, exhibits (documents, photographs, receipts, contracts) andquestioning the opponent and adverse witnesses. No arguments with witnesses or the judge are allowed in court. Each request must befunneled only through the judge. In cases where no evidence is presented to the judge exceptthe conflicting stories of parties, the judge may decide the case on the basis of personalappearance, presentation and veracity of statements of parties. After the judge renders a decision, the winning party prepares an order reflecting thejudge’s findings. The judge signs that order. A court clerk then stamps a copy of the order andgives it to each litigant. Exhibits are given back to the parties. The judge may award the courtcosts to the winning party. Such costs include filing or appearance fees, subpoenas andsheriff’s charges for serving summonses. The parties can settle their claims before, during and after the trial. Judges encouragelitigants to settle and assist in reaching such settlements. A party having no funds to pay thejudgment award can pay it in installments. The defendant should get from the plaintiff a papercalled "Satisfaction of Judgment" after the judgment is paid in full or the judgment is settled.This document must be registered in court and kept for future reference in case thedefendant’s credit record has not been cleared. A losing party can file an appeal within thirty days of the judgment entered by the court.The appeal takes long time and can be won if the judge abused her discretion in rendering thedecision. If the defendant refuses to pay the judgment, the plaintiff can record only a"memorandum of judgment" which will impose a lien or objection to the defendant’sproperty title. Thereby the property will no be transferred to anyone without satisfaction ofjudgment. This may not be helpful in case the defendant does not own any real estate. Collection of judgment is another legal avenue which must be pursued by the judgment-creditor against the judgment-debtor. Such collection can be accomplished throughcollection agencies charging a certain percentage for their efforts. The judgment-creditor canalso initiate a garnishment action in court. The court may issue a wage deduction orderrequiring the employer to deduct a portion of wages for payment of judgment. A citation todiscover assets issued by the court in the garnishment action forces the judgment-debtor todisclose all assets (real estate, stocks, bonds, bank accounts, cars). In case of failure todisclose such assets, the court can issue an "attachment" for the responsible party’s arrest. If the defendant leaves the country, has no assets or declares bankruptcy, furthercollection efforts may become fruitless. Part IIII Exercises and Discussion Give real life examples of: - a written contract - a verbal contract - a bilateral contract - a unilateral contract - a promise in exchange for an act or performance Identify the parties, legal objects (subject matter) and considerations in each of the abovecontracts. Give legal advices to the following scenarios based upon your understanding on legalpractices of “small claims” in US. Try to use as many “legal terms” as you can. Such terms hadbeen underlined in Part two and three. - Mel Chen, the owner of 123 Main St, Anytown, Illinois, is suing one of her tenants, JohnDow for a rent overdue of $5,500. Mel was planning not to have a lawyer because of the highcost. Does she have the right to do so? - Following the above scenario, if the amount of the rent overdue was $4,000, could Melhave a lawsuit without a lawyer? If she could, what capacity will she be acting in? How aboutJohn? - Following the above scenario, if Mel decided not to show up at the court due to somepersonal reasons, what are some of the consequences she is going to take? What if Johndoesn’t appear at trial? - ABC Shoe Manufacturing Inc. is suing an independent contractor, Jay Fox, the plumber,for improper plumbing installation that had caused a damage of the showroom floor for anamount of $800. Does ABC have the right to make a claim in court without a lawyer? Why? - A rottweiler owned by Joe Marino attacked Jane Dow and she is suing Joe Marino fordamage of $4,500. Benny Lee, the dog trainer was subpoenaed to testify on the behavior ofthe dog. Will Benny get paid for doing so? If Benny failed to appear in court, would a paperprepared by him stating his expertise be a valid piece of testimony to be used at the trial? 相关资料 |
