Unit6CommercialLitigation高级综合商务英语省公开课金奖全国赛课一等奖微课获奖.pptx

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,*,Unit 6 Commercial Litigation,Quiz,1/110,Quiz,Reviewing(Unit5),gravitate towards iPod,a smooth-functioning,society,3.peripheral advantage,4.instill enthusiasm,5.Silly String,6.,圣诞老人,7.异态混搭,8.死胡同,9.消费主义,10.,灵丹妙药,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,2/110,Quiz,Reviewing(Unit5),gravitate towards iPod,a smooth-functioning society,peripheral advantage,instill enthusiasm,Silly String,圣诞老人,异态混搭,死胡同,消费主义,灵丹妙药,Reviewing(Unit5),被iPod吸引,运转正常社会,无关紧要好处,灌输,热情/,提升主动性,喷彩摩丝,Santa Claus,bisociation,a cul-de-sac/a dead end,consumerism,an elixir,3/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,4/110,mindset,n.a habitual or characteristic mental attitude that determines how you will interpret and respond to situations,思维模式;思想倾向,;,心态,The greatest challenge for the Americans is understanding the,mindset,of Eastern Europeans.,对美国人来说，最大挑战在于了解东欧人思维方式。,5/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,6/110,kowtow,kutau,If you say that someone,kowtows to,someone else,you are criticizing them because they are too eager to obey or be polite to someone in authority.,卑躬屈膝;唯命是从,See how stupidly they,kowtow to,persons higher in the hierarchy.,瞧他们对上级唯命是从样子是多么愚蠢。,7/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,constructive relationship,personal injury,confidential information,从一开始,8/110,at the outset,at the beginning,在开始时;从一开始,Decide,at the outset,what kind of learning programme you want to follow.,一开始就要定下你学习计划。,9/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,constructive relationship,personal injury,confidential information,从一开始,实质性信息,10/110,material informaion,Material evidence or information,is directly relevant and important in a legal or academic argument.,实质性(证据或信息),11/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,constructive relationship,personal injury,confidential information,从一开始,实质性信息,轶事证据,12/110,anecdotal evidence,Anecdotal evidence,is based on individual accounts,rather than on reliable research or statistics,and so may not be valid.,轶事证据,13/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,constructive relationship,personal injury,confidential information,从一开始,实质性信息,轶事证据,胜诉费,14/110,contingency fee,n.a fee that is payable only if the outcome is successful(as for an attorneys services),胜诉费,15/110,Quiz,Previewing(Unit6),思维模式,唯命是从,建设性关系,人身伤害,机密情报,at the outset,material informaion,anecdotal evidence,contingency fee,rule of thumb,Previewing(Unit6),mindset,kowtow,constructive relationship,personal injury,confidential information,从一开始,实质性信息,轶事证据,胜诉费,经验法则,16/110,rule of thumb,n.a rule or principle that provides guidance to appropriate behavior,(依据实践或经验总结)经验法则,17/110,Unit 6 Commercial Litigation,Lead-in,18/110,In Court,1,.,If you have an argument about your divorce,you may settle it in a _.,tennis court,legal court,civil court,criminal court,Key:,C.,civil court 民事法庭,19/110,In Court,2,.,Did you know the _ of OJ Simpson in the US was the longest ever,costing over$20,000,000 to fight?,court,judge,sentence,trial,Key:,D.trial 审判过程,20/110,In Court,3,.,The decision guilty or not guilty is known as _.,the verdict,making your mind up,the decision,the choice,Key:,A.the verdict 陪审团评决,21/110,In Court,4,.,Which of the following is NOT correct:He got a 5 year _ for committing a series of burglaries.,verdict,sentence,stretch,prison term,Key:,A.the verdict 是判决,并不是处罚或者刑期,22/110,In Court,5,.,The lawyer who fights the criminal case is called,the,defence,(,辩方律师,),but what do we call the lawyer on the other side?,persecution,prosecution,attacker,opposition,Key:,B.prosecution 控方律师,23/110,In Court,5,.,The lawyer who fights the criminal case is called,the,defence,(,辩方律师,),but what do we call the lawyer on the other side?,persecution,迫害,prosecution,attacker,进攻者,opposition,反对派,Key:,B.prosecution 控方律师,24/110,In Court,6.In the UK the decision whether somebody is guilty or not guilty is made by 12 members of the public;these people are known as _.,the lawyers,the barristers,the judge,the jury,Key:,D.the jury 陪审团,25/110,In Court,6.In the UK the decision whether somebody is guilty or not guilty is made by 12 members of the public;these people are known as _.,the lawyers,the,barrister,s,(英)(有资格出席高等法庭并辩护)专门律师,C.the judge,D.the jury,Key:,D.the jury 陪审团,26/110,Reducing the Risk of Commercial Litigation in the United States,Title,27/110,litigation,n.,the process of fighting or defending a case in a civil court of law,诉讼,The settlement ends more than four years of,litigation,on behalf of the residents.,这次和解结束了代表居民长达四年多诉讼。,28/110,commercial litigation,商业诉讼；商事诉讼,29/110,Reducing the Risk of Commercial Litigation in the United States,Title,30/110,Reducing the Risk of Commercial Litigation in the United States,Structure Analysis,31/110,Structure Analysis,Para.1,Introduction:inevitability of litigation and prospect of making it less severe,Para,s,.2-4,The mindset:limiting tangible risks,Para,s,.5-13,The environmental risk of litigation,32/110,Reducing the Risk of Commercial Litigation in the United States,Detailed Reading,33/110,Para.1,What can we do to lower the risks of,coming down with,the common cold?,34/110,come down with,If you come down with an illness,you get it.,得(病),Thomas,came down with,the chickenpox.,托马斯得了水痘。,35/110,Para.1,What can we do to lower the risks of,coming down with,the common cold?,Take vitamins,Wash our hands,Stay out of drafts,36/110,Para.1,What are the similarities between litigation and coming down with the common cold?,Neither of them can be eliminated despite good efforts.,37/110,Structure Analysis,Para.1,Introduction:inevitability of litigation and prospect of making it less severe,Para,s,.2-4,The mindset:limiting tangible risks,Para,s,.5-13,The environmental risk of litigation,38/110,Paras.2-4,Locate all the synonyms of lawyer?,Practitioner.,Attorney.,Advocate.,Counsel.,Litigator.,39/110,practitioner,n.someone who practices a learned profession,开业者,从业者,执业医生,40/110,attorney,t:ni,n.a professional person authorized to practice law;conducts lawsuits or gives legal advice,律师,;,代理人,At the hearing,her,attorney,did not enter a plea.,在听证会上，她律师没有提出申诉。,41/110,counsel,kaunsl,n.,a lawyer who pleads cases in court,辩护律师,42/110,advocate,n.a lawyer who pleads cases in court,辩护律师,43/110,litigator,litigeit,n.,a lawyer who helps someone take legal action,诉讼律师,44/110,Paras.2-4,Locate all the synonyms of lawyer?,Practitioner.,Attorney.,Advocate.,Counsel.,Litigator.,45/110,Para.2,How can a commercial transaction be made?,By accentuating the positive and de-emphasizing the negative.,46/110,accentuate,ksentjueit,vt.,emphasize,;stress;,make more noticeable,强调,;使突出,His shaven head,accentuates,his large round face.,他剃了光头突出了他大圆脸。,47/110,de-emphasize,vt.to remove emphasis from,不予强调,to,de-emphasize,exports and encourage domestic consumption,降低出口,勉励国内消费,48/110,IQ Test,对那些让你以为不舒适人，能够对他隐身或将他从挚友名单上删除。,It is possible to block or,de-friend,people who make you feel uncomfortable.,Prefix,de-:remove.,49/110,Para.2,What is a source of substantial lawyer-client tension?,Lawyers who often warn of the risks are perceived of as a nuisance.,50/110,Para.2,In the worst situation,a lawyer can be perceived of as a,gadfly,a,Cassandra,that can,place a damper on,the enthusiasm for a deal.,51/110,gadfly,n.,any of various large flies that annoy livestock,;a persistently annoying person,牛虻,;,讨厌人,52/110,Cassandra,ksndr,n.(Greek mythology)a prophetess in Troy during the Trojan War whose predictions were true but were never believed,希腊神话,卡珊德拉,(特洛伊公主，能预卜吉凶。因拒绝阿波罗求爱，受其诅咒，后无人再相信她预言),凶事预言家,;,不为人所信预言家,53/110,put/place a damper on.,To,put a damper on,something means to have an effect on it which stops it being as enjoyable or as successful as it should be.,令.扫兴,The cold weather,put a damper on,our plans.,严寒天气给我们计划涂上一层灰色。,54/110,Para.2,In the worst situation,a lawyer can be perceived of as a,gadfly,a,Cassandra,that can,place a damper on,the enthusiasm for a deal.,在最糟情况下，律师被认为是一个惹人讨厌人，律师和希腊神话中能够预言凶事卡珊德拉一样能浇灭人们谈生意一腔热情。,55/110,Para.2,What pressure is the lawyer under?,T,o act humbly before the client,.,56/110,Para.2,In the American system,which,adorns,the lawyer with the,mantle,of a,gladiator,the attorney is under tremendous pressure to,kowtow,to the client,which often entails,shying away from,addressing,the weaknesses of a course of action,especially where the outcome,at least in the short term,is expected to be very profitable.,57/110,adorn,vt.furnish with power or authority;of kings or emperors,赋予,58/110,mantle,n.,the cloak as a symbol of authority,责任;职责,We have the rare opportunity to seize the,mantle,of national leadership.,这次是我们担当国家领导职责天赐良机。,59/110,gladiator,ldieit,n.(ancient Rome)a professional combatant or a captive who entertained the public by engaging in mortal combat;disputer;controversialist,角斗士;争论者,60/110,kowtow,kutau,If you say that someone,kowtows to,someone else,you are criticizing them because they are too eager to obey or be polite to someone in authority.,卑躬屈膝;唯命是从,See how stupidly they,kowtow to,persons higher in the hierarchy.,瞧他们对上级唯命是从样子是多么愚蠢。,61/110,shy away from.,If you,shy away from,doing something,you avoid doing it,often because you are afraid or not confident enough.,(因害怕或信心不足而)防止,We frequently,shy away from,making decisions.,我们经常因为害怕而防止做决定。,62/110,address,vt.direct a question at someone,重点提出,The problem will only get worse if it is not,addressed.,假如不重点处理一下，这个问题只能恶化。,63/110,a course of action,行动方案,64/110,Para.2,In the American system,which,adorns,the lawyer with the,mantle,of a,gladiator,the attorney is under tremendous pressure to,kowtow,to the client,which often entails,shying away from,addressing,the weaknesses of a course of action,especially where the outcome,at least in the short term,is expected to be very profitable.,美国法律制度给律师们赋予,了角斗士,职责,，背负巨大压力律师们只能尽力讨好当事人，这迫使他们尽可能防止谈及采取法律行动缺点，尤其当人们认为诉讼结果最少能在短期内带来巨大经济利益时候。,65/110,Para.2,What is the similarity between American lawyers and gladiators?,American system places lawyers in a greatly stressful working environment.,Having chosen a highly profitable but stressful profession,lawyers have to fight hard to win over clients just like gladiators who fight grimly for survival.,66/110,Para.3,What kind of transaction presents significant litigation risks?,Transactions that involve parties with utmost confidence in one anothers integrity,thus not making their contract airtight.,67/110,Para.3,What are the differences in perspective between the litigator and corporate attorney?,Corporate attorney:,viewing a snapshot,Litigator:,viewing a motion picture,at the beginning:,high expectations,in the middle:,disillusionment,a sense of injustice,in the end:,mistrust,Litigator:,more cynical,68/110,snapshot,n.,a photograph that is taken quickly and casually,快照,Let me take a,snapshot,of you guys,so friends back home can see you.,让我给你们大家拍张快照,这么家里朋友们能够看到你们。,69/110,motion picture,n.a form of entertainment that enacts a story by a sequence of images giving the illusion of continuous movement,电影,70/110,disillusionment,disilju:nmnt,n.,the disappointment that you feel when you discover that something is not as good as you had expected or thought,幻灭,;醒悟,Polls have charted growing,disillusionment,with the campaign.,民意调查显示人们对这场运动越来越失望。,71/110,asunder,If something,tears or is torn asunderit is violently separated into two or more parts or pieces.,化为碎片地,72/110,Para.4,What should a counsel keep in mind when the clients are making a transaction?,To maintain a business relationship based on the corporate interests.,73/110,Paras.2-4,What are the suggestions on how to reduce the risks of litigation?,Firstly,managing litigation risks entails making a dispassionate assessment of reality.It is critical for the client to establish a constructive relationship with counsel and perceive counsel as an objective and dispassionate advocate for reason and prudence.,74/110,Paras.2-4,What are the suggestions on how to reduce the risks of litigation?,Secondly,it is important to make a risk assessment at the outset of a transaction.Counsel can easily identify and provide for litigation risks if they prevail upon the client to take the long view of its business associations.Counsel must assess the clients transaction partners and their business relationships and abide by the golden rule of contemporary commercial world“business is business”.,75/110,Structure Analysis,Para.1,Introduction:inevitability of litigation and prospect of making it less severe,Para,s,.2-4,The mindset:limiting tangible risks,Para,s,.5-13,The environmental risk of litigation,76/110,Para.5,What are the sources of litigation risks?,The tense relationship between client and counsel.,constructive,a near perfect flow of material information,The transaction environment.,77/110,Paras.6-7,What about the transaction environment in America?,Predictability,(a generally positive business climate),Political and economic stability prevail.,Unpredictability,(litigation:another cost of doing business),Americans are highly litigious.,78/110,prevail,If a proposal,principle,or opinion,prevails,it gains influence or is accepted,often after a struggle or argument.,占上风,We hoped that common sense would,prevail.,我们希望常识能占上风。,79/110,IQ Test,本协议以汉字和英文书就，如有不一致，以汉字文本为准。,This Contract shall be written in both Chinese and English.In the event of any inconsistency between the two versions,the Chinese version shall,prevail.,80/110,Paras.6-7,What about the transaction environment in America?,Predictability,(a generally positive business climate),Political and economic stability prevail.,Unpredictability,(litigation:another cost of doing business),Americans are highly litigious.,81/110,Paras.6-7,Why are the American people regarded as a highly litigious?,3 lawyers in 1000 people(U.S.),1.6 lawyers in 10,000 people(China),Popular literature.,82/110,Lawyers in America,Top 100 Law Firms,79,Average Annual Income,$100,000,Average Age,47,Number of Lawyer-turned-President,23,83/110,Paras.6-7,What contributes to the litigiousness in the U.S.?,Thirst for easy money.,Contemporary American culture:de-emphasis of loyalty and honor.,84/110,Paras.8-9,What role does,contingency fee,play in the litigation and,frivolous,litigation?,85/110,contingency fee,n.a fee that is payable only if the outcome is successful(as for an attorney