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Unit Thirteen Testate Succession. Teaching Plan. Objectives: Students will be able to: 1. Understand what is the meaning of Succession. 2. Know the legal regulations of Succession. Time allotment.
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Teaching Plan Objectives: Students will be able to: • 1. Understand what is the meaning of Succession. • 2. Know the legal regulations of Succession.
Time allotment • 1st period pre-reading activities (familiar with new words, terms, and background information) • 2nd period while reading (highlights of the text) • 3rd period while reading (highlights of the text ) • 4th period after-reading activities
Teaching methods • Students read, the teacher asks questions and give detailed explanation by using PPT, or ask students to do PPT and presentation then the teacher gives comments and summary. --- This should be done paragraph by paragraph.
Background • Drafting a will is really quite simple, but the process does demand that the testator carefully assess the situation and his own emotions and then make preparations based on that assessment.
Most of us think of a written instrument that has been executed with certain formalities when we hear the term will. However, there are other types of wills—holographic and nuncupative---which may be recognized by the law.
Language points • 1.give effect to 意为“使生效”。此句大意为: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,对任何死后的财产处置不予承认。 • 2.will contest: 求证遗嘱是否属实(或是否有效)之诉
3.whole life policy 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身人寿保险,这个税单本可以避免。 4 .take out: arrange for(insurance) 办理(保险) 5.project: vt. 预计,预测,推测 6testamentary capacity 遗嘱能力,立遗嘱的法定资格 7 natural object遗产的自然继承人
Language points • 8.undue influence 不正当影响 • 9. the “living will” : “生存遗嘱”,一种书面声明,表示如本人将来由于患不治之症等原因康复无望时,可任其自然死亡,不必再用人工方法延续生命。
After-reading activities • A. Answer the following questions according to the text: • 1. Who is the biggest single financial beneficiary of Diana’s death? • 2. What are the other two types of wills except the written will? • 3. What capacity does a testator have when executing a will?.
4. What must the testator do for the will to be effective? • 5. What are the two methods of changing one’s will? • 6. What is the “living will”?
B. Translate the following sentences into English: 1.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的感情,然后根据评价做好准备工作。 2.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的文件。 3.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。
4.随着生活情况的变化,遗嘱要定期修正。 • 5. A person who drafts a will determines the fate of his or her family and disposes of any assets rather than leaving such important issues to the sometimes cold and unfeeling State. • 6. However, there are other types of wills --- holographic and nuncupative--- which may be recognized by the law.
7. The testamentary capacity needed to make a will is not tantamount to the legal ability to contract. • One method of changing one’s will is to add a codicil, which is a formal modification or addition to the existing instrument.
Teaching Plan Objectives: Students will be able to: • 1. Understand what a contract means. • 2. Master some related legal terms; • 3. Conduct a series of reading, listening, speaking and writing activities related to the theme of the unit.
Time allotment • 1st period Pre-reading activities (familiar with new words, terms, and background information) • 2nd period While reading (highlights of the text) • 3rd period While reading (highlights of the text ) • 4th period After-reading activities
Teaching methods • Students read, the teacher asks questions and give detailed explanation by using PPT, or ask students to do PPT and presentation then the teacher gives comments and summary. --- This should be done paragraph by paragraph.
Background Material • When a person put money into the ticket machine, he actually formed a contract with the company, but the company was represented at that time by a machine. This is the point. The person paid the money and got a ticket. He couldn't refuse it. He couldn't get your money back. Even if He had protested to the machine, even if you had sworn at it, it would have remained unmoved.
Pre-reading tasks • What is contract? • What’s the contract’s force?
Language points • 1、It was all due to the negligence of the Shop-parking Department . • 一切都是由于超市的疏忽造成的。 • 2、Cars are parked at the owner's risk. • 在此停车,后果自负。 • 3、This doesn't prove that the department has no liability in your case. • 这并不能证明在你的案件中商场没有责任。
4、Quite a lot of conditions, among which there is one that excludes even liability for injury to customers. • 有很多条款,甚至还有顾客伤害的免责条款。 • 5、From a legal point of view, the whole process can be translated into offer and acceptance.
从法律角度来看,整个过程被分为“要约”和“承诺”。从法律角度来看,整个过程被分为“要约”和“承诺”。 • 6、The court will certainly refuse to enforce the exclusion clause against us. • 法庭当然会拒绝执行对我们不利的免责条款。
After-reading activities • A. Answer the following questions according to the text: • B. Put the following sentences into English
A. Answer the following questions according to the text: • 1.Would you state the condition of this case? • 2.What is the lawyer's reasoning? • 3.Do you think the lawyer is reasonable? • 4.What opinions do you hold about automatic machines?
5、Can you imagine other parking problems? Discuss them with your classmates. • 6. A Cleaning Company hires migrant workers who cannot read to mix hazardous cleaning fluids in large vats. The vats have warning labels on them, but the migrants cannot read them. The warnings tell workers they could die if they come in contact with the fluids in the vats. One day a worker accidentally falls in the vat.
B.Put the following sentences into English: • 1.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。 • 2.禁止被告继续使用原来的标志。 • 3.广告内容不够准确,违反了贸易法。
Teaching Plan Objectives: Students will be able to: • 1. Know something about the Tort law • 2. Master some related legal terms; • 3. Conduct a series of reading, listening, speaking and writing activities related to the theme of the unit.
Teaching Plan: time allotment • 1st period Pre-reading activities (familiar with new words, terms, and background information) • 2nd period While reading (highlights of the text) • 3rd period While reading (highlights of the text ) • 4th period After-reading activities
Teaching methods • Students read, the teacher asks questions and give detailed explanation by using PPT. • Ask students to do PPT and presentation then the teacher gives comments and summary. • Make clear that every society has a legal system by asking pre-reading questions. --- This should be done paragraph by paragraph.
Background Material • Tort law is designed to protect an individual's rights with respect to his person and property. It is based on the principle of awarding compensation/damages to victims against a party at fault. Over the last 100 years, there have been a multitude of cases imposing liability even in the absence of intent or negligence.
There are three categories of tort liability: intentional tort, negligence, and strict liability. • Intentional torts are those in which a person either intended to harm someone or knew that harm would result from the action. The defenses of consent, privilege, and necessity apply to this category.
Negligence is the unintentional causing of harm. It refers to that the defendant has neglected to do something that he ought to have done, but has acted carelessly and negligently. As an English judge has put it:" In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission .
Pre-reading tasks • What tort law do you know about? Can you say something about them? • How to protect your rights with tort law?
Language points • 1. Strict liability is a separate basis of tort liability because it has nothing to do with either intent or negligence. • 2. It's common for an assault and battery to occur together. False imprisonment tort is the affliction of bodily restraint on a person that is not authorized by the law. "imprisonment",
3.The development of this concept represents a policy decision that it is more ethical (道德的) to place the monetary responsibility for injuries caused by products on the sellers than on the users . • 4. Since strict liability is based more on economic reasons that on fault.
5.In order to prove negligence, a plaintiff must demonstrate the existence of the following four elements: the existence of a legal duty of care owed by the defendant to the plaintiff. • 6. Actual injuries, and a close causal connection between the defendant's conduct and the plaintiff's injuries.
After-reading activities • A. Answer the following questions: • B. Translate the following into English:
Answer the following questions: • 1.Is strict liability based on fault or on negligence? • 2.What is tort law? • 3.What is the classification of tort law?
4What is included in the tort law against a person? • 5Where can a strict liability be used to? • 6Explain the tort law depending on your experience and knowledge.
B.Translate the following into English: • 1.某种行为有可能既是侵权行为,又是犯罪行为。 • 2.校方对学生的安全负有注意照顾义务。 • 3.法律上经常使用合理预见这一概念。
4.对诽谤诉讼有许多可行的抗辩,包括真实性和特有权。4.对诽谤诉讼有许多可行的抗辩,包括真实性和特有权。 • 5.对人身的侵权行为从形式上讲有三种:攻击、殴打、错误监禁。 • 6.侵权是一种与刑事过错相对应的民事过错。
Teaching Plan Objectives: Students will be able to: • 1. grasp the meaning of the international law • 2. master some related legal terms; • 3. conduct a series of reading, listening, speaking and writing activities related to the theme of the unit.
Time allotment • 1st period Pre-reading activities (familiar with new words, terms, and background information) • 2nd period while reading (highlights of the text) • 3rd period while reading (highlights of the text ) • 4th period after-reading activities
Teaching methods • Students read, the teacher asks questions and give detailed explanation by using PPT. • Ask students to do PPT and presentation then the teacher gives comments and summary. --- This should be done paragraph by paragraph.
Background Material • International law consists of rules and principles govern the relations and dealings of nations with each other. International law concerns with questions of rights between several nations or nations and the citizens or subjects of other nations.
Pre-reading questions • What is international law? • What is the difference between private international law and public international law? • What is included in international law ?