试题出自试卷《华东政法大学2013年考博英语真题》

VI. Litigation Procedure
Methods of serving process in civil cases have both evolved and eroded. In medieval England, arrest of the defendant was common at the outset of civil actions at law. Although arrest certainly provided notice, its primary purpose was to accomplish the court’s assertion of physical power over the defendant. Eventually, arrest at the commencement of a civil action was deferred. Arrest was then replaced with subjection to the court’s power by personal delivery of process, which served as the foundation for one modern service method where a United States Marshal personally hands the summons to a defendant.
The idea that only a governmental officer, such as a United States Marshal or deputy, could be the server was eventually abandoned in favor of allowing the server to be any person that is at least eighteen years old and not a party to the lawsuit. Even the requirement that a defendant personally receive the summons was diluted by the addition of an alternative method allowing a summons and complaint to be left at the defendant’s “dwelling or usual place of abode with someone of suitable age and discretion who resides there.”
From the recipient’s perspective, the summoning court’s assertion of power has gradually worn away. As one expert in the field aptly described: “The awesome impact of the sheriff arriving in armor and on horseback to deliver a writ in medieval England and the authority of the sovereign sealed in the hot, red wax of earlier times has been replaced by a bland manila envelope carrying a postage stamp that may celebrate notions of love or poetry.”
Although most modern service methods are welcome improvements to those of earlier years (i.e., not needing to arrest all defendants in every civil action), this Article argues the service method authorized by Rule 7004 (b) (1) of the Federal Rules of Bankruptcy Procedure violates a defendant’s due process rights under the Fifth Amendment. Rule 7004 (b) (1) allows a summons and complaint to be served by “first class mail postage prepaid...to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.” There is no acknowledgement of receipt, no certified mailing, and no waiver document that must be signed and returned. Other than the defendant’s response, if any, there is no way to know whether the defendant received the summons and complaint.
71. The defendant in a civil case in the United States had been notified about the case in the following way BUT ___.
72. The last sentence in the 3rd paragraph means that ___.
73. According to Rule 7004 (b) (1), a defendant in a bankruptcy case is served by ___.
74. The problem of the Rule 7004 (b) (1) for serving a summons is the following, except ___.