跟读练习: A Civil Lawsuit Explained in Steps | The Civil Litigation Process - 通过视频学习英语口语
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A civil lawsuit can seem complex and, for the most of us, confusing.
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Civil lawsuits aren't actually too hard to understand.
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We broke down the basic steps of the civil lawsuit process
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to help our clients better understand what exactly is going on with their lawsuit.
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A civil lawsuit, which is sometimes also called civil litigation, is a lawsuit based on non-criminal statutes,
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meaning it's a separate entity from a criminal proceeding.
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A civil lawsuit is a dispute that's handled legally by the courts, such as a personal injury lawsuit.
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Civil litigation goes through specific steps or proceedings.
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First and foremost, you should consult with potential representatives for legal advice.
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Before anything else, it's important that you consult with a personal injury attorney about your potential personal injury lawsuit.
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You should also be sure that your case falls within the state statute of limitations.
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An open and honest consultation will give you the most accurate prediction of the outcome of your case.
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After an initial consultation, your civil lawsuit case will follow four common steps.
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Pleadings, discovery, trial, appeal.
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The pleadings are the initial step in the civil lawsuit.
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Each side or party will follow paperwork in the right court to explain their side of the story.
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The person bringing the lawsuit or plaintiff will file the complaint.
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The person being alleged of wrongdoing or defendant will file an answer.
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Personal Jurisdiction For a court to have personal jurisdiction over a defendant, the individual or company must have an appropriate relationship to the forum county,
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state, or federal district district and the defendant must be served properly.
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Subject matter jurisdiction.
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Depending on the type of lawsuit you're filing, your case may be heard in either federal or state court.
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Venue.
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Your case must be filed in an appropriate court based on proximity to where the incident in question occurred
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or where the parties are located.
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The complaint is a formal document filed by the plaintiff with the court.
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The complaint generally contains an explanation for why the the court holds jurisdiction over the case as well.
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The answer is a response to the plaintiff's complaint.
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The answer details the defendant's description of the events that led to the dispute, outlining any inaccuracies or falsehoods that they find in the complaint.
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As a response to the replies or in the instance
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that one party requests clarification over legal theories or allegations in the other party's pleadings, a complaint or answer may be amended.
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After both parties have completed the pleading process, both parties will enter discovery.
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Discovery is a process in which both parties begin to obtain information to help strengthen their arguments.
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Each party will obtain evidence through demands for production of documents, depositions of parties and witnesses, written interrogatories, written requests for admissions of fact,
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and examination of the scene and the petitions and motions employed to enforce discovery rights.
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Before the trial begins, either during the discovery process or shortly after, parties may use motions to ask the court to rule or act.
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After discovery has ended, if the dispute is not resolved out of court, the civil lawsuit will move to trial.
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Before the trial begins, both parties will submit a brief to the judge.
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Trials involving a judge and no jury are referred to as bench trials, or the trial can be set to be decided by a jury.
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Once the trial begins, both parties present their opening statements.
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Opening statements are the brief outlines of the party's arguments.
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After opening statements are made, each party introduces its case.
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The plaintiff always presents its case first.
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The defense presents its case after.
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After the defense has presented its case, the plaintiff has one last opportunity to present additional evidence, known as rebuttal evidence.
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Each party will present its case using evidence which can include documents, expert testimony, or exhibits that support its argument.
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After a witness is examined by one party, the opposing party can choose to cross-examine the witness.
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In a jury trial, after closing arguments, the jury deliberates for a period of time until a verdict is reached.
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In a bench trial, the judge deliberates for a period of time until a decision or verdict is reached.
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After the verdict is made, a party can choose to challenge the verdict.
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These challenges are more common during jury trials because errors
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and disregard of the law or legal definitions occur more often by juries.
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If a party does not agree with the result of the trial, they can appeal the decision.
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If a decision is appealed, then the civil lawsuit is presented to an appellate court that reviews the previous proceedings of the lawsuit.
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Each party will submit a brief and a record of evidence from trial to the appellate court.
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The appellate court looks for any errors in legality made during the pretrial or trial proceedings.
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After reviewing the proceedings, the appellate court releases an opinion, which is the appellate court's decision.
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The opinion can either affirm the verdict made by the trial court or find an error.
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本课的词汇与口语要点
这节口语课以视频“A Civil Lawsuit Explained in Steps”为素材。 视频中反复出现的词有：lawsuit, trial, civil, parties, complaint。 这段视频共有 58 个句子、846 个单词可供跟读。 讲话部分时长为 5:08。 说话人语速自然，每分钟约 165 个词，接近日常对话。 只有 78% 的单词属于英语最常用的 3,000 词，词汇难度较高。
视频中的重点词汇
视频中 15 个值得学习的单词，附发音和释义：
| 单词 | 发音 | 释义 |
|---|---|---|
| lawsuit 名词 | /ˈlɔˌs(j)ut/ | 訴訟 /诉讼, 官司 |
| discovery 名词 | /dɪˈskʌv.ɹi/ | 發現 /发现 |
| complaint 名词 | /kəmˈpleɪnt/ | 怨言, 抱怨 |
| verdict 名词 | /ˈvɜː.dɪkt/ | 裁決 /裁决, 裁定 |
| proceedings 名词 | /pɹəˈsiːd.ɪŋz/ | 訴訟程序 /诉讼程序 |
| jurisdiction 名词 | /d͡ʒʊɹɪsˈdɪkʃən/ | 管轄權 /管辖权 |
| dispute 名词 | /dɪˈspjuːt/ | 爭論 /争论, 爭議 /争议 |
| defendant 名词 | /dɪˈfɛnd.ənt/ | 被告 |
| occur 动词 | /əˈkɜː/ | 發生 /发生 |
| obtain 动词 | /əbˈteɪn/ | 獲得 /获得 |
| bench 名词 | /ˈbɛnt͡ʃ/ | 長椅 /长椅 |
| submit 动词 | /səbˈmɪt/ | 讓步 /让步, 屈服 |
| examine 动词 | /ɪɡˈzæmɪn/ | 检查, 调查 |
| consultation 名词 | /ˌkɑnsəlˈteɪʃən/ | 會診 /会诊, 磋商 |
| litigation 名词 | /ˌlɪtɪˈɡeɪ̯ʃən/ | 訴訟 /诉讼, 官司 |
视频中出现的短语动词
| 单词 | 释义 |
|---|---|
| break down 动词 | 壞了 /坏了, 出故障 |
| go through 动词 | 通過 /通过 |
视频中的语法
说话人最常用的结构，并附上视频中的原话：
| 结构 | 视频中的用法 |
|---|---|
| 被动语态 be + 过去分词 — 强调发生了什么，而不是谁做的 | is sometimes also called · being alleged · must be served |
| 现在完成时 have/has + 过去分词 — 过去发生但与现在仍有关联的事 | have completed · has ended · has presented |
| 定语从句 who / which + 从句 — 补充说明人或事物 | lawsuit, which is · evidence which can · opinion, which is |
需要注意的发音
- “sh” 和 “zh” 音: jurisdiction /d͡ʒʊɹɪsˈdɪkʃən/, consultation /ˌkɑnsəlˈteɪʃən/, litigation /ˌlɪtɪˈɡeɪ̯ʃən/, shortly /ˈʃɔɹtli/, explanation /ˌɛkspləˈneɪʃən/
- 长单词——注意重音位置: jurisdiction /d͡ʒʊɹɪsˈdɪkʃən/, consultation /ˌkɑnsəlˈteɪʃən/, litigation /ˌlɪtɪˈɡeɪ̯ʃən/, deliberate /dɪˈlɪb.(ə.)ɹət/, explanation /ˌɛkspləˈneɪʃən/
中文母语者容易读错的音：
- /v/ — 不要读成 /w/，上齿轻触下唇: discovery /dɪˈskʌv.ɹi/, verdict /ˈvɜː.dɪkt/, involve /ɪnˈvɑlv/, venue /ˈvɛnjuː/, resolve /ɹɪˈzɑlv/
- 词尾辅音 — 要读清楚，后面不要加元音: lawsuit /ˈlɔˌs(j)ut/, complaint /kəmˈpleɪnt/, verdict /ˈvɜː.dɪkt/, proceedings /pɹəˈsiːd.ɪŋz/, dispute /dɪˈspjuːt/
- /r/ 和 /l/ 的区别: deliberate /dɪˈlɪb.(ə.)ɹət/, shortly /ˈʃɔɹtli/, formal /ˈfɔɹməl/, resolve /ɹɪˈzɑlv/, clarification /ˌklæɹɪfɪˈkeɪʃən/
如何用这段视频练习
- 先完整听一遍视频，不要开口，记下不认识的单词。
- 先用 0.75 倍速逐句跟读，熟练之后再回到正常速度。
- 录下自己的声音并与原声对比，特别注意 lawsuit, discovery, complaint 这类单词。
什么是跟读法？
跟读法 (Shadowing) 是一种有科学依据的语言学习技巧，最初开发用于专业口译员的培训，并由多语言者Alexander Arguelles博士普及。这个方法简单而强大：您在听英语母语原声的同时立即大声重复——就像是一个延迟1-2秒紧跟说话者的影子。与被动听力或语法练习不同，跟读法强迫您的大脑和口腔肌肉同时处理并模仿真实的讲话模式。研究表明它能显着提高发音准确性，语调，节奏，连读，听力理解和口语流利度——使其成为雅思口语备考和真实英语交流最有效的方法之一。