key legal terms
条款及规定英语作文
条款及规定英语作文Title: Terms and Regulations: Navigating Legal Frameworks。
In the modern world, terms and regulations form the backbone of legal frameworks, governing various aspects of our lives. Whether in business contracts, legal agreements, or societal norms, understanding and adhering to these terms is crucial. This essay delves into the significance of terms and regulations, exploring their implications and the necessity of compliance.First and foremost, terms and regulations serve as the cornerstone of legality and order. They delineate rights, responsibilities, and obligations of parties involved in any agreement or contract. For instance, in a business contract, terms specify the goods or services exchanged, payment terms, delivery schedules, and dispute resolution mechanisms. Similarly, regulations set by governmental bodies establish standards for safety, quality, and ethicalpractices across industries, ensuring fairness and accountability.Moreover, terms and regulations provide clarity and mitigate risks. By clearly outlining expectations and consequences, they reduce ambiguity and potential misunderstandings. This clarity fosters trust among parties and minimizes the likelihood of disputes. For example, a rental agreement clearly stating the conditions for property use, rent payment, and maintenanceresponsibilities leaves little room for interpretation, thus averting conflicts between landlords and tenants.Furthermore, compliance with terms and regulations is imperative for legal protection and risk management. Non-compliance can lead to legal repercussions, financial losses, damage to reputation, and even criminal charges in severe cases. Therefore, individuals and organizations must stay abreast of relevant laws and regulations governing their activities and ensure adherence to avoid adverse consequences.In the realm of business, adherence to terms and regulations is vital for sustainability and success. Operating within legal boundaries not only safeguards against penalties but also enhances credibility and goodwill. Customers, investors, and partners are more inclined to engage with entities that demonstrate ethical conduct and regulatory compliance, thus fostering long-term relationships and opportunities for growth.Additionally, terms and regulations play a pivotal role in consumer protection. They establish standards for product safety, fair pricing, advertising practices, and consumer rights. For instance, consumer protection laws prohibit deceptive marketing tactics, ensuring that consumers make informed choices. Moreover, product warranties and return policies outlined in terms offer recourse for consumers in case of dissatisfaction or defects, fostering trust and loyalty.In the digital age, terms and regulations also extend to the realm of cyberspace. With the proliferation of online platforms and transactions, digital terms of serviceand privacy policies govern data usage, user rights, and platform rules. Compliance with these digital regulationsis essential not only for legal compliance but also for safeguarding personal information and privacy in an increasingly interconnected world.In conclusion, terms and regulations form the bedrockof legality and order in various facets of life. From business contracts to consumer rights and digital platforms, adherence to these terms is indispensable for clarity, risk mitigation, legal protection, and societal welfare. Thus, individuals and entities must acquaint themselves with applicable terms and regulations and ensure compliance to navigate the complex legal landscape effectively.。
国际商法 全套课件(英文)
• 6. provision: 规定，规范。指具体部门所制 定的规定。
• 7.procedures: 程序，办法。主要指具体部 门或行业为实施某法律制订的具体步骤。
• 8.institutions: 制度，法律，法令；公共机构。 该词主要表示制度、公共机构或诉讼的提起。
• 9.rule of law: 法治。 • 10. legal doctrines: 法律理论。 • 11.legal validity: 法律效力。
• Treaties are binding agreements between two or more states, and conventions are legally binding agreements sponsored by international organizations, such as the United Nations.
• Hague Rules（海牙规则） • Visby Rules （维斯比规则） • Hamburg Rules （汉堡规则）
• Convention Concerning International Carriage of Goods by Rail,CIM（国际铁路货物运输公约）
• Agreement Concerning International Carriage of Goods by Rail（国际铁路货物联运协定）
• Convention for the Unification of Certain Rules for International Carriage by Air（统一国际航空运输某些 规则的公约）
• United Nations Convention on International Multimodal Transport of Goods，1980（联合国国际货物多式联运
英文版律师代理合同
英文版律师代理合同1. Key InformationContract Number:Date of Signing:Client (Principal):Name:Address:Contact Person:Phone Number:Attorney (Agent):Name:Law Firm:Address:Contact Person:Phone Number:Scope of Representation:Case/Legal Matter:Jurisdiction:Fees and Payment Terms:Hoy Rate:Retainer Fee:Payment Schedule:Duration of Representation:Commencement Date:Termination Date:Responsibilities of the Attorney:Responsibilities of the Client:Confidentiality:Termination of Agreement:Dispute Resolution:Governing Law:Effective Date:2. Agreement Terms2.1 Purpose of the AgreementThis Legal Representation Agreement (the "Agreement") is made to define the terms and conditions under which the Attorney will represent the Client in legal matters specified herein.2.2 Scope of RepresentationThe Attorney agrees to represent the Client in connection with the following legal matter(s):Case/Legal Matter:Jurisdiction:The scope of representation includes all activities necessary for the effective handling of the legal matter as described above.2.3 Fees and Payment TermsThe Client agrees to pay the Attorney for legal services as follows:Hoy Rate: $_______ per hourRetainer Fee: $_______ (to be paid upon signing this Agreement)Payment Schedule: Payments are due as per the scheduleset forth below:[Specify Payment Dates and Amounts]2.4 Duration of Representation2.5 Responsibilities of the AttorneyThe Attorney agrees to:Provide legal representation and advice to the best of their ability.Keep the Client informed about the progress of the case and consult with the Client before making significant decisions.Maintain confidentiality regarding all informationrelated to the Client and the legal matter.2.6 Responsibilities of the ClientThe Client agrees to:Provide all necessary information and documentation required for the Attorney to effectively represent the Client.Cooperate with the Attorney and attend all meetings, hearings, and other necessary appointments.Pay all fees and costs as outlined in this Agreement.2.7 ConfidentialityThe Attorney agrees to maintain the confidentiality ofall information related to the Client's case. This confidentiality obligation extends beyond the termination of this Agreement.2.8 Termination of AgreementEither party may terminate this Agreement with written notice of [Specify Notice Period]. Upon termination, the Attorney shall deliver all case files and remaining documents to the Client, and the Client shall pay for all services rendered up to the date of termination.2.9 Dispute ResolutionIn the event of any dispute arising from this Agreement, the parties agree to attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute shall be submitted to arbitration in accordance with the rules of [Specify Arbitration Association].2.10 Governing LawThis Agreement shall be governed and construed in accordance with the laws of [Specify State/Country], without regard to its conflict of laws principles.2.11 Effective DateSignaturesClient (Principal):Name: ______________________________Signature: ___________________________Date: _______________________________Attorney (Agent):Name: ______________________________Law Firm: ___________________________Signature: ___________________________Date: _______________________________This Legal Representation Agreement outlines the roles, responsibilities, and terms under which legal services will be provided, ensuring clarity and mutual understanding between the Client and the Attorney.。
法律审查合同的英语
法律审查合同的英语Legal Review of Contracts.Contracts are essential in any business transaction, serving as the foundation for agreements between parties. However, not all contracts are created equal, and it's crucial to ensure that the terms and conditions are legally enforceable and compliant with applicable laws. Thisarticle will delve into the importance of legal review for contracts, the key elements to consider, and the steps involved in the review process.Importance of Legal Review for Contracts.Legal review is essential for contracts to mitigate risks and ensure that the agreement serves the best interests of all parties involved. Here are some reasons why legal review is crucial:1. Compliance with Laws and Regulations: Contracts mustcomply with applicable laws and regulations to be enforceable. Legal review helps identify any potential violations and ensures that the contract adheres to alllegal requirements.2. Risk Mitigation: Contractual disputes can lead to costly litigation and reputational damage. Legal review helps identify and mitigate potential risks, reducing the chances of legal disputes.3. Clarity and Precision: Legal review ensures that the contract is clear, precise, and unambiguous. This reduces the chances of misunderstandings or disputes arising from unclear or vague terms.4. Protection of Interests: Legal review ensures that the contract protects the interests of all parties involved. It helps identify and negotiate terms that are fair and beneficial to all parties.Key Elements of Legal Review for Contracts.During the legal review process, several key elements of the contract should be carefully examined:1. Parties to the Contract: Verify the identity and legal capacity of the parties involved. Ensure that they have the authority to enter into the contract and thattheir signatures are valid.2. Terms and Conditions: Carefully review all terms and conditions to ensure they are legally enforceable, clear, and precise. Identify any potential ambiguities or unclear provisions that could lead to disputes.3. Consideration: Verify that the contract contains valid consideration, which is the value exchanged between the parties. Ensure that the consideration is legal and sufficient to support the contract.4. Jurisdiction and Venue: Determine the applicable jurisdiction and venue for any disputes arising from the contract. Ensure that these provisions are clearly stated and comply with applicable laws.5. Breach and Termination Clauses: Examine the breach and termination clauses to understand the consequences of contract violations. Ensure that these clauses are reasonable and enforceable.6. Force Majeure Clauses: Review any force majeure clauses to understand the parties' obligations andliabilities in case of unexpected events beyond their control.Steps Involved in Legal Review of Contracts.The legal review process for contracts typically involves the following steps:1. Obtain a Copy of the Contract: Obtain a copy of the contract to be reviewed. Ensure that you have access to all relevant documents and information related to the transaction.2. Initial Review: Conduct an initial review of thecontract to identify any potential issues or concerns. Flag any unclear or ambiguous provisions for further review.3. Detailed Analysis: Conduct a detailed analysis of the contract, focusing on key elements such as parties, terms and conditions, consideration, jurisdiction, and breach/termination clauses. Ensure that all provisions comply with applicable laws and regulations.4. Negotiation: If necessary, negotiate with the other party to address any concerns or issues identified during the review process. Seek legal advice to ensure that your interests are protected during negotiations.5. Final Review and Approval: Once the contract has been negotiated and agreed upon, conduct a final review to ensure that all changes are accurately reflected. Obtain approval from authorized personnel before signing the contract.6. Execution and Storage: Execute the contract in accordance with applicable laws and regulations. Ensurethat the executed contract is properly stored and accessible for future reference.In conclusion, legal review of contracts is crucial to ensure that agreements are legally enforceable, compliant with laws, and serve the best interests of all parties involved. It involves a detailed analysis of key elements and negotiation as necessary to mitigate risks and protect against potential disputes. Following the steps outlined in this article can help ensure a smooth and successful contract review process.。
合同摘要英文
合同摘要英文Title: Contract Summary。
A contract summary provides a concise overview of the key terms and conditions of a legal agreement. It is a valuable tool for quickly understanding the essential elements of a contract without having to read through the entire document.In a contract summary, the parties involved in the agreement are identified, along with a brief description of the purpose of the contract. The key terms and conditions, such as payment terms, delivery schedules, and performance obligations, are outlined in a clear and easy-to-understand manner.Additionally, a contract summary may also highlight any important deadlines, milestones, or penalties for non-compliance. It can serve as a reference point for both parties to ensure that they are meeting their obligations under the contract.A well-written contract summary can help to avoid misunderstandings and disputes by providing a clear and concise overview of the agreement. It can also be a useful tool for reviewing the terms of a contract before entering into a new agreement or when seeking to understand the obligations of an existing contract.In conclusion, a contract summary is an essential document for anyone involved in a legal agreement. It provides a quick and easy way to understand the key terms and conditions of a contract, helping to ensure that all parties are on the same page and fulfilling their obligations.。
国际专利许可合同(附英文)3篇
国际专利许可合同(附英文)3篇篇1International Patent Licensing AgreementIntroductionA patent is a legal protection granted to inventors for their inventions, allowing them to exclude others from making, using, selling, and importing their patented technology. In the case of international patent licensing agreements, the patent holder grants permission to another party in a different country to use, manufacture, or sell the patented technology in exchange for royalties or other financial benefits. These agreements play a crucial role in expanding the reach of patented technologies across borders and promoting innovation on a global scale.Key Components of an International Patent Licensing Agreement1. Parties Involved: The agreement should clearly identify the parties involved, including the patent holder (licensor) and the party receiving the license (licensee). It should also specify their contact information and legal status.2. Description of the Patent: The agreement should provide a detailed description of the patented technology, including any related trademarks or copyrights. This ensures that both parties have a clear understanding of the scope and limitations of the license.3. Territory: The agreement should specify the geographic territories where the licensee is allowed to use, manufacture, or sell the patented technology. This helps prevent disputes over territorial rights and ensures compliance with international patent laws.4. Duration of the License: The agreement should outline the duration of the license, including the start date and end date. It may also include provisions for renewing or terminating the license before the expiration date.5. Royalties and Payment Terms: The agreement should clearly state the financial terms of the license, including the royalty rates, payment schedule, and any upfront fees or minimum guarantees. It should also specify the currency of payment and the method of calculating royalties.6. Confidentiality and Non-Disclosure: The agreement should include provisions for protecting the confidentiality of the patented technology and any proprietary informationexchanged between the parties. This helps prevent unauthorized use or disclosure of sensitive information.7. Compliance with Laws and Regulations: The agreement should ensure that both parties comply with all relevant international and local laws, regulations, and standards governing patent licensing. This includes intellectual property laws, export controls, and competition laws.Benefits of International Patent Licensing Agreements1. Market Expansion: International patent licensing agreements allow patent holders to expand their market reach by tapping into new geographic territories and reaching new customers. This helps increase revenue and grow their business on a global scale.2. Technology Transfer: These agreements facilitate the transfer of technology between countries, helping to disseminate innovative ideas and solutions to address global challenges. This promotes cross-border collaboration and fosters economic development.3. Risk Sharing: By entering into licensing agreements, patent holders can share the risks and costs of developing and commercializing their patented technology with the licensee.This reduces the financial burden on the patent holder and increases the likelihood of successful market entry.4. Competitive Advantage: International patent licensing agreements can give both parties a competitive advantage by leveraging each other's strengths and resources. This can lead to synergies in research and development, production, marketing, and distribution, leading to mutual benefit.ConclusionIn conclusion, international patent licensing agreements are essential for promoting innovation, fostering collaboration, and expanding market opportunities on a global scale. By carefully drafting and negotiating these agreements, patent holders can maximize the value of their intellectual property while mitigating risks and ensuring compliance with international laws. These agreements not only benefit the parties involved but also contribute to technological advancement and economic growth worldwide.篇2International Patent Licensing AgreementIntroductionAn international patent licensing agreement is a legal contract between a patent holder and a licensee. This agreement allows the licensee to use, manufacture, and sell the patented technology in a specific geographic area and for a certain period of time.PurposeThe primary purpose of an international patent licensing agreement is to provide the licensee with the legal right to utilize the technology covered by the patents owned by the licensor. This allows the licensee to benefit from the innovative technology without having to incur the costs and risks associated with research and development.Key Provisions1. Grant of License: The agreement should clearly define the scope of the license granted to the licensee, including the specific patents covered, the territory in which the licensee is permitted to operate, and the duration of the license.2. Royalties: The agreement should outline the payment terms, including the amount and frequency of royalty payments. Royalties are generally calculated as a percentage of thelicensee's gross sales of products incorporating the licensed technology.3. Confidentiality: Both parties should agree to keep confidential any proprietary information disclosed during the course of the agreement. This helps protect the intellectual property rights of the licensor.4. Termination: The agreement should specify the conditions under which either party may terminate the agreement, such as non-payment of royalties or breach of contract.5. Dispute Resolution: The agreement should outline the procedures for resolving disputes between the parties, such as through arbitration or mediation.BenefitsFor the licensor, an international patent licensing agreement provides a source of revenue without the need to invest in manufacturing, marketing, and distribution. It also allows the licensor to expand the reach of their technology into new markets. For the licensee, the agreement provides access to cutting-edge technology without the need to invest in research and development.ConclusionAn international patent licensing agreement is a valuable tool for both patent holders and licensees looking to capitalize on innovative technology. By carefully outlining the rights and obligations of each party, these agreements help protect intellectual property rights and promote collaboration in the global marketplace.篇3International Patent Licensing AgreementA patent licensing agreement is a legal contract between a patent owner and a licensee that gives the licensee the right to use, sell, or manufacture products that are covered by the patent. In an international context, patent licensing agreements can be particularly complex due to the various legal and regulatory frameworks that exist in different countries. This article will explore the key considerations that parties should keep in mind when entering into an international patent licensing agreement.Key Terms of an International Patent Licensing AgreementWhen drafting an international patent licensing agreement, parties need to pay close attention to the following key terms:1. Territory: The agreement should specify the geographic scope of the license, including the territories in which the patentwill be valid. Parties should consider whether the license will be exclusive or non-exclusive in specific territories.2. Term: The term of the license should be clearly defined, including the start and end dates. Parties should also specify whether the license will be renewable and under what conditions.3. Royalties: The agreement should outline the royalty payments that the licensee will make to the licensor, including the amount, frequency, and method of payment.4. Intellectual Property Rights: Parties should clearly define the scope of the license, including any restrictions on the licensee's use of the patent and any additional intellectual property rights that are included in the agreement.5. Dispute Resolution: The agreement should include provisions for resolving disputes between the parties, including a choice of law and jurisdiction clause in case of legal proceedings.6. Termination: The agreement should outline the circumstances under which either party can terminate the license, including any notice requirements and consequences of termination.Compliance with International Laws and RegulationsWhen entering into an international patent licensing agreement, parties need to ensure that the agreement complies with relevant international laws and regulations. This includes:1. Intellectual Property Laws: Parties should ensure that the patent is valid and enforceable in the territories where the licensee will operate. They should also consider any local laws that may affect the licensing of the patent.2. Antitrust Laws: Parties should be aware of antitrust laws that may apply to patent licensing agreements, particularly in cases where the agreement may have anti-competitive effects.3. Export Control Laws: If the patented technology is subject to export control regulations, parties should ensure that the agreement complies with these laws to avoid any legal consequences.4. Tax Laws: Parties should consider the tax implications of the licensing agreement, including any withholding tax that may apply to royalty payments made to foreign entities.Enforcement of International Patent Licensing AgreementsEnforcing an international patent licensing agreement can be challenging due to the different legal systems and languagesinvolved. Parties should consider the following strategies to ensure the enforceability of the agreement:1. Choice of Law: Parties should include a choice of law clause in the agreement to specify the governing law of the contract. This can help clarify the rights and obligations of the parties in case of disputes.2. Jurisdiction: Parties should agree on a jurisdiction clause that specifies where any legal disputes arising from the agreement will be resolved. This can help parties avoid costly and time-consuming litigation in multiple jurisdictions.3. Language: Parties should ensure that the agreement is drafted in a language that all parties can understand. Translations may be necessary to ensure that the terms of the agreement are clear and unambiguous.ConclusionInternational patent licensing agreements can provide a valuable opportunity for patent owners to expand their business globally and for licensees to access new technologies and markets. However, parties need to carefully consider the key terms of the agreement, comply with international laws and regulations, and ensure the enforceability of the agreement tomaximize the benefits of the licensing relationship. By following best practices and seeking legal advice when necessary, parties can successfully navigate the complexities of international patent licensing agreements and achieve their business objectives.。
合同英文单词
合同英文单词1. Introduction当我们谈论合同时，无论是与商业合作、雇佣关系还是其他法律关系有关的合同，英文单词都是必不可少的一部分。
掌握合同术语和相关的英文单词，对于进行跨国商业活动、与国外公司合作以及处理国际法律事务都至关重要。
本文将介绍一些常见的合同英文单词，以帮助读者更好地理解和处理合同文件。
2. Common Contract Terms以下是一些常见的合同术语及其英文对应单词：•Agreement: 协议/合同•Contract: 合同•Party: 当事方•Offer: 出价/提议•Acceptance: 接受•Consideration: 对价/报酬•Mutual: 相互的•Termination: 终止/解除•Breach: 违约•Indemnification: 赔偿/保障•Confidentiality: 保密/机密性•Jurisdiction: 管辖权/司法管辖权•Arbitration: 仲裁/仲裁程序3. Types of Contracts合同可分为多种不同类型，每种类型都有其特定的法律要求和术语。
以下是一些常见的合同类型及其英文对应单词：•Sale Contract: 销售合同•Employment Contract: 雇佣合同•Lease Agreement: 租赁协议•Partnership Agreement: 合伙协议•Non-Disclosure Agreement: 保密协议•Service Agreement: 服务协议•Franchise Agreement: 加盟协议•Loan Agreement: 贷款协议•Agency Agreement: 代理协议•Licensing Agreement: 许可协议4. Key Contract Clauses合同的组成部分通常包括各种条款和条件。
以下是一些关键合同条款及其英文对应单词：•Scope of Work: 工作范围•Term: 期限•Payment Terms: 付款条件•Governing Law: 适用法律•Force Majeure: 不可抗力•Confidentiality Clause: 保密条款•Liability Limitation: 责任限制•Dispute Resolution: 纠纷解决•Jurisdiction Clause: 管辖条款•Entire Agreement: 整个协议•Amendment: 修改/修订5. Legal Terminology合同文件中经常出现一些法律术语，理解这些术语是处理合同事务的重要一步。
英语商务合同常识6篇
英语商务合同常识6篇篇1Business Contract Common KnowledgeWhen engaging in business transactions, it is essential to have a thorough understanding of business contracts. A business contract is a legally binding agreement between two or more parties that outlines the terms and conditions of a transaction. It is crucial to ensure that a contract is well-drafted, clearly outlining the expectations and obligations of all parties involved. Here are some common knowledge points regarding English business contracts:1. Offer and Acceptance: A contract is formed when one party makes an offer to another party, and that offer is accepted. The offer must be clear, definite, and communicated to the other party. Acceptance must be communicated in the manner specified in the offer or within a reasonable time frame.2. Consideration: Consideration is something of value that is exchanged between the parties in a contract. This could be money, goods, services, or even promises to do or refrain fromdoing something. Both parties must provide consideration for the contract to be valid.3. Intent to Create Legal Relations: For a contract to be legally binding, both parties must have the intention to create legal relations. This means that the parties understand that they are entering into a legally enforceable agreement.4. Capacity: All parties entering into a contract must have the legal capacity to do so. This means that they must be of sound mind and of legal age. Contracts entered into by minors or individuals who are not mentally competent may not be enforceable.5. Legal Object: The object of the contract must be legal. Contracts that involve illegal activities or are against public policy are not enforceable.6. Written vs. Oral Contracts: While oral contracts can be legally binding in some cases, it is always recommended to have a written contract. A written contract provides a clear record of the terms and conditions agreed upon by both parties and can help prevent misunderstandings or disputes.7. Terms and Conditions: A well-drafted contract should clearly outline the terms and conditions of the agreement. Thisincludes the rights and responsibilities of each party, the scope of work or services to be provided, the payment terms, deadlines, and any other relevant details.8. Dispute Resolution: It is important to include a clause in the contract outlining how disputes will be resolved. This could include mediation, arbitration, or litigation in a specific jurisdiction.9. Termination Clause: A contract should also include a termination clause that outlines the circumstances under which the contract can be terminated and the process for doing so. This can help protect the interests of both parties in case the contract needs to be terminated early.10. Signatures: Finally, all parties involved in the contract should sign the agreement to indicate their acceptance of the terms and conditions. Signatures should be dated and witnessed if necessary.In conclusion, understanding the basics of business contracts is crucial for any business owner or professional engaging in commercial transactions. A well-drafted contract can help protect your rights and interests and can prevent costly disputes down the line. It is always advisable to seek legal advicewhen drafting or entering into a business contract to ensure that all legal requirements are met and that your rights are protected.篇2Business Contract Common KnowledgeBusiness contracts are essential documents that outline the terms and conditions agreed upon by parties in a business transaction. These contracts help protect the interests of all parties involved and ensure that there is clarity and agreement on the responsibilities of each party. Understanding the basics of business contract is essential for anyone involved in business transactions.The following are some common knowledge about English business contracts:1. Offer and Acceptance: A business contract begins with an offer made by one party and acceptance by the other party. The offer should be clear, specific, and definite, while the acceptance should be clearly communicated and unconditional.2. Consideration: Consideration refers to something of value exchanged between parties in a contract. This can be money, goods, services, or promises. Consideration is essential for a contract to be legally binding.3. Capacity: All parties entering into a business contract must have the legal capacity to do so. This means they must be of sound mind, of legal age, and not under any influence that impairs their judgment.4. Legal Purpose: The purpose of a business contract must be legal and not against public policy. Any contract that involves illegal activities or goes against public interest will be considered void and unenforceable.5. Terms and Conditions: A business contract should clearly outline the terms and conditions of the agreement, including the responsibilities of each party, payment terms, delivery schedules, and any other details that are relevant to the transaction.6. Breach of Contract: If one party fails to fulfill their obligations as outlined in the contract, it is considered a breach of contract. The injured party may seek legal remedies, such as damages or specific performance, depending on the terms of the contract.7. Termination and Rescission: A business contract can be terminated or rescinded under certain circumstances, such as mutual agreement, impossibility of performance, or breach of contract. It is essential to follow the procedures outlined in the contract for termination or rescission.8. Dispute Resolution: In the event of a dispute, parties may choose to resolve the matter through negotiation, mediation, arbitration, or litigation. Many business contracts include a clause specifying the method of dispute resolution.9. Governing Law: A business contract may specify the governing law, which determines the jurisdiction in which any disputes will be heard and the laws that will be applied to interpret the contract.In conclusion, understanding the basics of business contracts is essential for anyone involved in business transactions. It is recommended to seek legal advice when drafting or entering into a business contract to ensure that all terms and conditions are clear, enforceable, and in compliance with the law. By following these common knowledge, parties can protect their interests and maintain healthy business relationships.篇3Business contracts are essential in the world of commerce, as they establish the terms and conditions under which parties agree to do business together. Understanding the basics of English business contracts is crucial for anyone involved ininternational trade or business transactions. In this article, we will discuss some key aspects of English business contract knowledge.1. Definition of a Business Contract:A business contract is a legally binding agreement between two or more parties that sets out the rights and duties of each party. It typically includes the terms of the agreement, the responsibilities of the parties, the payment terms, and any other relevant details.2. Key Elements of a Business Contract:- Offer: One party makes an offer to enter into a contract.- Acceptance: The other party accepts the offer.- Consideration: Both parties must exchange something of value (money, goods, services) to make the contract valid.- Capacity: Both parties must be legally competent to enter into the contract.- Intent: Both parties must have the intention to create a legal relationship.- Legality: The contract must be for a legal purpose and not violate any laws.3. Types of Business Contracts:- Sales contracts: Set out the terms of sale for goods or services.- Employment contracts: Establish the employment terms between an employer and an employee.- Service contracts: Define the terms of a service agreement between two parties.- Partnership agreements: Determine the terms of a partnership between two or more parties.4. Importance of Written Contracts:While some contracts can be verbal, having a written contract is highly recommended as it provides a clear record of the terms agreed upon by the parties. Written contracts help prevent misunderstandings and disputes and provide legal protection in case of a breach of contract.5. Common Clauses in Business Contracts:- Payment terms: Specify when and how payment will be made.- Confidentiality clause: Protect sensitive information from disclosure.- Termination clause: Outline the conditions under which the contract can be terminated.- Force majeure clause: Define unforeseen circumstances that may excuse a party from fulfilling its obligations.- Jurisdiction clause: Determine the applicable law in case of a dispute.6. Breach of Contract:A breach of contract occurs when one party fails to fulfill its obligations under the contract. The non-breaching party may seek legal remedies, such as damages or specific performance, to enforce the contract.In conclusion, understanding the basics of English business contract knowledge is essential for anyone involved in commercial transactions. By familiarizing yourself with the key elements, types, and clauses of business contracts, you can protect your interests and ensure successful business dealings. Remember, when in doubt, seek legal advice to ensure your contracts are legally sound and enforceable.篇4Title: Common Knowledge of English Business ContractsIntroductionBusiness contracts are important legal documents that outline the terms and conditions of a business agreement between two or more parties. Understanding the key components of a business contract is essential for ensuring that parties uphold their obligations and reach mutually-beneficial agreements. In this article, we will discuss some common knowledge of English business contracts.Key Components of a Business Contract1. Parties involved: The first section of a business contract should clearly identify the parties involved in the agreement. This includes the legal names and contact information of each party.2. Agreement details: The agreement details section outlines the terms and conditions of the business arrangement. This includes the scope of work, payment terms, delivery dates, and any other specific requirements or obligations.3. Consideration: Consideration refers to what each party will receive in return for their obligations under the contract. This could be a payment, services, goods, or other forms of consideration.4. Performance obligations: This section outlines the specific actions that each party is required to perform under the contract. This ensures that both parties understand their responsibilities and can hold each other accountable.5. Termination clauses: Termination clauses specify the conditions under which the contract can be terminated by either party. This could include breaches of contract, failure to perform, or other specified events.6. Dispute resolution: Dispute resolution clauses outline the procedures that parties must follow to resolve disagreements or disputes that may arise during the course of the contract. This could include mediation, arbitration, or litigation.7. Governing law: Governing law clauses specify which laws will govern the contract and any disputes that may arise. This is particularly important in international contracts where parties may be subject to different legal jurisdictions.8. Confidentiality clauses: Confidentiality clauses protect sensitive information disclosed during the course of the contract. This prevents parties from sharing or using confidential information for their own benefit.9. Signatures: Finally, all parties must sign the contract to indicate their agreement to the terms and conditions outlined. Signatures demonstrate the parties' intent to be bound by the contract and can be used as evidence in case of disputes.ConclusionUnderstanding the key components of a business contract is essential for ensuring that parties uphold their obligations and reach mutually-beneficial agreements. By including these components in your business contracts, you can protect your interests and mitigate the risk of disputes. Remember to always seek legal advice when drafting or negotiating business contracts to ensure that your interests are protected.篇5Business contracts are essential for establishing the terms and conditions of a business agreement between two or more parties. In the world of business, it is important to understand the key aspects of business contract knowledge to ensure that the agreement is clear, enforceable, and legally binding. This article will provide an overview of some common knowledge about English business contracts.1. Offer and Acceptance: In a business contract, there must be a clear offer made by one party to another, which includes all the key terms and conditions of the agreement. The other party must then accept the offer in order for the contract to be formed. Acceptance can be communicated through various means, such as verbal agreement, written communication, or conduct that indicates acceptance.2. Consideration: In order for a contract to be legally binding, both parties must provide something of value in exchange for the promises made in the agreement. This is known as consideration. It can be in the form of money, goods, services, or anything else of value. Without consideration, a contract may be deemed unenforceable.3. Legal Capacity: In order for a contract to be valid, both parties must have the legal capacity to enter into the agreement. This means that they must be of sound mind, of legal age, and not under the influence of drugs or alcohol at the time the contract is formed. If one party lacks legal capacity, the contract may be voidable.4. Legal Object: The object of the contract must be legal in nature. This means that the purpose of the agreement must not violate any laws or public policy. For example, a contract toengage in illegal activities or harm a third party would not be considered legally binding.5. Writing Requirement: While oral contracts are generally enforceable in business agreements, certain types of contracts must be in writing to be legally valid. These include contracts for the sale of goods over a certain value, real estate transactions, and contracts that cannot be performed within one year.6. Dispute Resolution: It is important to include a clause in the contract that outlines how disputes will be resolved in the event that issues arise. This may include mediation, arbitration, or litigation. Having a clear dispute resolution mechanism can help prevent costly legal battles in the future.7. Termination and Breach: The contract should also include provisions for termination and remedies in the event of breach. This includes how the contract can be terminated, what constitutes a breach of the agreement, and the remedies available to the non-breaching party in case of a breach.In conclusion, understanding the key aspects of business contract knowledge is essential for conducting business in a professional and legally compliant manner. By following the best practices outlined in this article, businesses can ensure that their contracts are clear, enforceable, and binding. It is alwaysrecommended to seek legal advice when drafting or entering into complex business agreements to protect the interests of all parties involved.篇6Title: Common Knowledge of Business Contracts in EnglishIntroduction:Business contracts are essential legal documents that outline the terms and conditions of a business agreement between two or more parties. These contracts are crucial in ensuring that all parties involved understand their rights, responsibilities, and obligations. In this article, we will discuss some common knowledge about business contracts in English.Key Points:1. Essential Elements of a Business Contract- Offer: One party proposes the terms of the contract.- Acceptance: The other party agrees to the terms of the contract.- Consideration: Both parties exchange something of value (money, goods, services) to make the contract legally binding.- Legal Capacity: Both parties must have the legal capacity to enter into a contract (age, mental capacity, etc.).- Legal Intent: Both parties must have the intention to create a legal relationship.2. Types of Business Contracts- Sales Contracts: Agreeing on the sale and purchase of goods or services.- Employment Contracts: Outlining the terms of employment between an employer and an employee.- Service Contracts: Defining the services to be provided and the terms of payment.- Partnership Agreements: Detailing the rights and responsibilities of partners in a business venture.- Non-Disclosure Agreements: Protecting confidential information shared between parties.3. Common Terms and Conditions in Business Contracts- Payment Terms: Specifies the payment schedule, methods, and penalties for late payments.- Delivery Terms: Outlines the timeframes and methods of delivery of goods or services.- Termination Clauses: States conditions under which the contract can be terminated by either party.- Confidentiality Clauses: Protects sensitive information disclosed during the contract.- Force Majeure Clause: Addresses unforeseen circumstances that may prevent the contract from being fulfilled.4. Negotiating and Drafting Business Contracts- Seek Legal Advice: It is advisable to consult with a lawyer to ensure the contract meets legal requirements and protects your interests.- Be Clear and Specific: Clearly outline all terms and conditions to avoid misunderstandings or disputes.- Review and Revise: Carefully review the contract before signing and make any necessary revisions to ensure accuracy.Conclusion:Business contracts play a crucial role in the success of any business transaction. It is important for all parties involved to understand the essential elements, types, and common termsand conditions of business contracts. By following best practices in negotiating and drafting contracts, businesses can protect their interests and avoid potential disputes.。
Key Terms国际结算英语词汇
Key Terms国际结算英语词汇（按照其它教材顺序编写）Key terms have been identified to assist you as you review the text. They are a starting point and you may find it helpful to develop your own glossary of terms.Chapter 1Acceptance 承兑Advising Bank 通知行Applicant 申请人Beneficiary 受益人bill of exchange汇票=draftclient 客户claim on 向…索汇Complied with （单据）符合（信用证条款）Confirming Bank保兑行correspondent 代理行Counters 柜台default 拖欠Deliver 交货Drafts 汇票drawn on (汇票)开给…Expiry date (信用证的)到期日Independent undertaking 独立的承诺Irrevocable undertaking 不可撤消承诺Issuing Bank 开证行maximum amount available 可使用的最大金额Negotiation 议付，流通Nominated Bank 指定银行obligation 债务，义务original credit 正本信用证Payment 付款presentation of documents提交单据reimbursement 补偿shipment of goods 装运货物standby letter of credit 备用信用证Stipulated documents 规定的单据Traveler’s Letter of Credit旅行信用证Underlying contract 原（始）合同Chapter 2Acceptance bill 承兑汇票Advance payment 预付货款Autonomy 自治权Avalisation （背签）担保Arbitrator 仲裁人clear goods through customs为货物清关collection 托收Deferred payment 延期付款Delivery obligation 交货义务Discounting of bill 贴现汇票Dishonour 退票，拒付Documentary collection 跟单托收Drawer （汇票的）出票人Drawee （汇票的）受票人（付款人）Endorsement 背书（转让）forfeiting 票据包买Good faith 善意，诚信Holder in due course 正当持票人ICC = International Chamber of Commerce 国际商会Incoterm=Int'l Commercial Terms国际贸易条件或Int'l Rules for the Interpretation of Trade Terms 国际贸易条件解释通则jurisdiction 司法权，管辖权Legally enforceable 可依法实施的Method of payment 付款方法Negotiate 流通，转让，议付open account 赊账Performance 履行，业绩pro forma invoice 形式发票Promissory note 本票Sight payment 即期付款Trade bill 商业汇票Trade terms贸易条件UCP: Uniform Customs and Practice of Documentary Letter of Credit跟单信用证统一惯例URC：Uniform Rule for Documentary Collection托收统一规则Chapter 3Amendment （信用证的）修改Authenticate证实，证明Discrepancies 不符点Freely negotiable 可自由流通的，可自由议付的Middleman 中间商（人）Partial drawings 分批（部分）开票Partial shipment 分批装运Reimburse 补偿Reinstated 恢复Revocable 可撤消的Substitution 替换（单据）Transferable 可转让的Transferring Bank 转让行Chapter 4Compliance 符合，一致，遵守Correspondent Bank 代理行Disclaimer 放弃（不符点），否认，弃权声明书Expiry date到期日，期满日Facility（融资）服务（项目）Presentation of documents提交单据Respond 回答，响应Without recourse 无追索权Chapter 5Down loaded 装载，转载Application 申请（书）Operational guidelines工作指南Workability 可操作性Chapter 6Agent 代理人Airway bill 航空运单Air consignment note 空运发货单Bill of lading（B/L）(有物权的海运)提单Carrier承运人（有运输工具的公司，包括轮船、卡车、飞机、火车）Charter party 租船合同Clean transport document清洁运输单据CIM = International Convention Concerning Transport of Merchandise by Rail国际铁路货物运输公约CMR = Convention on Contract for the International Carriage of Goods by Road国际公路货物运输合同公约Consignee 收货人Consignor 托运人（=shipper）Date of shipment装运人，发货日Delivery 交付，交货Documents of title物权单据Endorsed背书的Freight forwarder运输行（通常没有运输工具），货运代理Freight payable运费到付Freight prepaid运费预付Full set 全套（单据）Indemnity赔偿保证（保函），赔偿金Inland waterway 内河运输Intended vessel预期船Loading on Board 装船Marked as Original注明正本Master 船长Multimodal transport operator(MTO)多式运输经营人Negotiability 可流通性Non-documentary condition 非单据条件Non-negotiable 不可流通Notation （已装船）批注On Deck （货装）舱面On its Face （单据）表面Place of delivery 交货地Port of discharge卸货港Port of loading 装货港Rail and Road consignment 铁路、公路发货单Received for shipment 收妥待运Road Waybill 公路运单Roll on Roll off 滚装Shipper load and count 托运人自行装货点件Take delivery of goods 提货Taking in charge接受监管（地）Through B/L 联运提单Transshipment 转运Chapter 7Average 海损Particular average 单独海损Common average 共同海损franchise 免赔率excess 绝对免赔额All risks一切险Assigned by transfer or endorsement让与，背书转让Certificates证书，（保险）凭证Date of issuance of insurance document保单签发日Description of goods商品描述（名称）Fixed and determinable future time固定和可确定的将来日期（=将来的）License 许可证Minimum cover（保险单上的）最低保额Unconditional order in writing 无条件书面命令Chapter 8Assignment of proceeds 款项让渡Common sense 常识Confirmation instructions保兑指示Credit risk信用风险Discrepant documents 不符单据Force majeure 不可抗力Freely negotiable 自由议付Good judgment良好的判断Honoring obligations兑现责任Inconsistent with one another相互之间不一致Notice of refusal （票据的）拒绝通知Period for presentation交单期Reasonable care合理的关注Reasonable time合理的时间Reimbursing Bank 补偿行Role of the checker审单员的作用Chapter 9Bank to Bank Reimbursements 银行间补偿Reimbursement amendments 补偿修改Reimbursement authorization补偿授权Reimbursement claim 索偿Reimbursement instructions 补偿指示Reimbursement undertakings 补偿承诺Chapter 10Airway release 空运放货Assignment of proceed 款项让渡Conversion 改信,侵占Counter indemnities对背（等）保证书，反担保函countersign 连署Delivery orders 放货单，出货单，交货单，提货单finance 筹措资金，融资便利Guarantee担保lead bank （银团贷款的）牵头行Letter of Indemnity 赔偿保证，认赔书，保结书Participation 参与（银团贷款）syndicate loan 银团贷款Syndication 组织银团贷款Chapter 11Confiscation 没收Counterparty risk 交易（对）方风险Demurrage延滞（费）Fraud risk 诈骗风险frustration of contract 合同的落空Legal risks 法律风险non-delivery 未交货Risks for the applicant 申请人（面临）的风险Risks to the beneficiary受益人的风险Risks to the Advising Bank 通知行的风险Risks to the Issuing Bank开证行的风险Risks to the Nominated Bank 指定银行的风险specimen signature 印鉴Sovereign and regulatory risks 政府风险和规章制度风险Verification keys 核实密押Chapter 12Autonomy 自主权=独立原则Clear清楚的court rulings 法庭判决De minimi trivial matters小的不符点，不重要的事情（问题）ex parte 单方面的Forgery 伪造（签字）Jurisdiction 司法权，管辖权Material重要的Obvious 明显的prima facie 足以构成事实的Reasonable care 合理小心Reasonable time 合理的时间sovereign of immunity主权豁免权Tender of document 正式提交单据Timely notice of dishonor 及时发出退票通知Trivial 不重要的。
法律英语词汇大全学习法律术语法律程序和法律体系的英文英语词汇
法律英语词汇大全学习法律术语法律程序和法律体系的英文英语词汇The Complete Guide to Learning Legal English Terminology for Legal Terms, Procedures, and SystemsIntroduction:Legal English is a specialized language, used within the legal profession and in legal contexts. It encompasses a vast array of terms, procedures, and systems that are essential for lawyers, legal researchers, and anyone dealing with legal documents or proceedings. In this comprehensive guide, we will explore a wide range of legal English vocabulary to enhance your understanding and communication within the field of law.I. Legal Terminology:1. Common Law:Common law is a legal system derived from judicial decisions and case law. It is predominantly used in countries such as the United States, England, and Australia. Some key terms associated with common law include "precedent" (a legal decision that serves as a guideline for future cases) and "tort" (a civil wrong that causes harm to an individual or their property).2. Statutory Law:Statutory law refers to laws enacted by legislative bodies, such as Congress. These laws are often codified and published in statutes or codes. Examples of statutory law terms include "act" (a written law passed by alegislative body) and "amendment" (a change or addition made to an existing law).3. Civil Law:Civil law is a legal system based on codified laws and regulations, prevalent in many European countries. It typically deals with private disputes between individuals or organizations. Important civil law terms include "plaintiff" (the party bringing a civil lawsuit) and "defendant" (the party being sued in a civil case).4. Criminal Law:Criminal law focuses on acts that are considered offenses against society as a whole. It involves the prosecution of individuals accused of committing crimes. Common criminal law terminology includes "felony" (a serious crime punishable by imprisonment or fines) and "misdemeanor" (a lesser offense with less severe penalties).5. Contract Law:Contract law encompasses legal principles and rules that govern agreements between parties. It outlines the rights and obligations of each party involved. Key contract law terms include "offer" (a proposal made by one party to another) and "consideration" (something of value exchanged between parties to a contract).II. Legal Procedures:1. Litigation:Litigation refers to the process of resolving disputes through the court system. It involves filing a lawsuit, presenting evidence, and obtaining a judgment. Important terms related to litigation include "complaint" (a formal written document that initiates a lawsuit) and "summons" (a legal notice requiring a person to appear in court).2. Mediation:Mediation is an alternative dispute resolution method where a neutral third party assists disputing parties in reaching a voluntary settlement. Key mediation terms include "mediator" (the neutral party facilitating the process) and "mediation agreement" (a written document outlining the terms agreed upon).3. Arbitration:Arbitration is another form of alternative dispute resolution, wherein parties submit their dispute to an arbitrator or panel of arbitrators who render a final decision. Terms associated with arbitration include "award" (the final decision made by the arbitrator) and "arbitration clause" (a provision in a contract that requires disputes to be resolved through arbitration).4. Deposition:A deposition is a formal, out-of-court statement given under oath. It involves questioning of a witness or party to a lawsuit to gather information and gather evidence. Deposition-related terms include "deponent" (the person being deposed) and "transcript" (a written record of the deposition).III. Legal Systems:1. Adversarial System:The adversarial system is a legal system where opposing parties present their cases before a neutral judge or jury. This system is characterized by an emphasis on the adversarial relationship between the prosecution and defense. Terms associated with the adversarial system include "cross-examination" (questioning a witness called by the opposing party) and "burden of proof" (the obligation to prove one's case in court).2. Inquisitorial System:Contrasting with the adversarial system, the inquisitorial system is a legal system where the court plays an active role in investigating and gathering evidence. It is commonly used in civil law jurisdictions. Important inquisitorial system terms include "investigating magistrate" (a judge responsible for conducting the investigation) and "judicial dossier" (a file containing all relevant documents in a case).Conclusion:This comprehensive guide has provided you with an extensive collection of legal English vocabulary. Mastering the terminology, procedures, and systems discussed will enhance your comprehension and proficiency in the field of law. Whether you are a law student, legal professional, or simply interested in expanding your legal knowledge, this guide serves as a valuable resource for navigating the intricacies of legal English.。
英语合同 大写条款
英语合同大写条款English contracts often include provisions in all capital letters. This practice is common in legal documents to draw attention to important terms and clauses. The use of all capital letters in a contract serves to emphasize the significance of certain provisions and ensure that they are not overlooked by the parties involved. While the use of all capital letters may seem excessive at times, it is an established convention in legal drafting that serves a practical purpose in contract law.From a legal perspective, the use of all capitalletters in a contract is a way to highlight key terms and conditions that are crucial to the agreement. By presenting these provisions in a distinct format, such as all caps, the drafter of the contract aims to ensure that they are clearly noticed and given proper consideration by the parties entering into the agreement. This can beparticularly important in complex contracts where there are numerous terms and conditions that require specialattention.Furthermore, the use of all capital letters in a contract can also serve as a means of reducing ambiguity and enhancing the clarity of the document. By drawing attention to specific provisions in this manner, theparties can better understand the significance of those terms and their potential impact on the overall agreement. This can help to prevent misunderstandings and disputes down the line, as the emphasized terms are more likely to be carefully reviewed and understood by all parties involved.In addition, the use of all capital letters in a contract can have practical benefits in terms of enforceability and interpretation. When important provisions are presented in this format, it can make it easier for courts and legal professionals to identify and interpret the key terms of the agreement. This can be particularly valuable in the event of a dispute or litigation, as the emphasized provisions are more likely to be given weight and consideration by the legal system.From a psychological standpoint, the use of all capital letters in a contract can also have an impact on theparties entering into the agreement. The visual emphasis placed on certain provisions can create a sense of importance and urgency, prompting the parties to pay closer attention to those terms. This can help to ensure that the parties fully understand the significance of the emphasized provisions and the potential consequences of non-compliance.Moreover, the use of all capital letters in a contract can also serve as a deterrent against potential breaches or non-performance. By clearly highlighting the key terms and conditions of the agreement, the parties are more likely to be aware of their obligations and the potential repercussions of failing to adhere to those terms. This can help to promote compliance and accountability, as theparties are less likely to overlook or disregard the emphasized provisions of the contract.In conclusion, the use of all capital letters in a contract serves important legal, practical, andpsychological functions. By emphasizing key terms and conditions, this formatting practice helps to ensure that important provisions are noticed, understood, and given proper consideration by the parties involved. It also contributes to the clarity and enforceability of the contract, while creating a sense of importance and urgency for the emphasized provisions. Overall, the use of all capital letters in a contract is a valuable tool in legal drafting that serves to enhance the effectiveness and impact of the agreement.。
英国公司法重点词汇翻译 Key terms of company law
Some Key Terms of Company Law独立法人人格/主体Separate legal personality/entity法人人格Corporate personality合伙partnership注册成立incorporate资产Assets法人资格/法人行为能力corporate capacity企业所有者/业主proprietor/entrepreneur股东shareholder皮包公司paper company清算liquidation强制清算compulsory liquidation—由法院裁定的停业清算破产Insolvency董事director(普通)债权人(ordinary) creditors / lender(有)担保(的)债权人Secured creditors/lender关联法人connected person：公司及其子公司的董事、监事、高管、大股东、过去12个月担任董事，或该等人的associate和relative，该等人及其associate和relative主要控股的公司，关联子公司（10%）、已签订或拟签订协议/交易等有限责任公司Incorporation with limited liability/ Limited liability company股份有限公司Public limited company/ Company limited by shares上市公司Public company股份公司Joint stock company私人公司/封闭型公司private company 股东人数50人以下，限制股份转让，不得公开发行股票的有限责任公司。
公司债券debenture公司设立者遵守了公司设立时有效适用的公司法律的所有要求duly incorporated有限责任limited liability （responsible only to the extent of their capital contributions）揭开法人面纱Lifting/Piercing the corporate veil董事会board of directors公司章程Articles of Association/Memorandum of Association/Company's constitution不符合公司章程Unconstitutional授权资本Nominal capital 指根据公司章程的规定，允许该公司发行的股本数额受益所有人beneficial owner 指对信托或信托财产享有平衡法上所有权的信托受益人cestuis que trust，与财产的法定所有人（即受托人或遗产代理人）相对。
法律英语 legal terms 核心100词
学位英语汉译英部分核心100词（一元复始，万象更新……特奉上新年礼物一份）声明：仅供参考，如有意外……1.衡平法equity law2.管辖权jurisdiction3.初审法院trial court4.上诉法院Court of Appeals, appellate courtappellant 上诉人appellee被上诉人petitioner 申诉人respondent 被申诉人5.最高院court of last resort，Supreme Court6.枢密院privy council7.首席大法官Chief Justice8.立法the legislative9.司法the judicial10.行政the executive11.检察官prosecutor12.代理人，代诉人Procurator13.法律救济legal remedy relief衡平救济equitable remedy14.禁制令injunction15.实际履行specific performance16.恢复原状返还原物restitution17.死刑执行execution执行enforcement18.制定法Statute法定权利statutory right19.陪审团审jury trial王座法庭（无陪审团的法官审）bench trial20.实体法substantive law程序法procedural law21.弹劾impeachment22.三权分立原则separation of powers23.制衡checks and balances24.合宪性constitutionality25.正当法律程序due process of law 26.法律解释judicial interpretation27.否决权veto power28.宪法修正案amendments toconstitution29.司法审查权the power of judicialreview30.众议院Congress/Parliament31.诉讼bring/file/institute an action,suit, lawsuit, litigation, proceedings32.有约束力的判例binding precedent33.说服力的判例persuasive precedent34.res judicata既判力35.stare decisis遵从先例36.一致意见unanimous opinion多数意见majority opinion复合意见concurring opinion反对意见，不同意见dissenting opinion37.叛国罪treason38.盗窃罪larceny39.纵火罪arson40.伪证罪perjury41.非法拘禁false imprisonment42.轻罪misdemeanor重罪felony43.缓刑probation44.犯意mens rea45.犯罪行为actus reus46.因果关系causation47.惩罚性赔偿金punitive /exemplarydamages48.民事违法civil wrong49.侵权tort侵权行为tortious act侵权人tortfeasor50.非预谋故意杀人voluntarymanslaughter非预谋非故意杀人（过失杀人）involuntary manslaughter51.赔偿redress compensation52.杀人罪homicide谋杀murder53.不作为犯罪omission54.逮捕证warrant55.正当防卫self-defense56.法律责任liability57.刑事犯罪criminal offense58.充分理由probable cause59.辩诉交易plea bargaining60.陪审团裁决verdict陪审团有罪裁决conviction陪审团无罪裁决acquittal61.加重情节aggravating circumstance减轻情节mitigating circumstance 62.纠问制inquisitorial system对抗制adversary system63.传票summons64.送达程序process-server65.法官对陪审团的指令jury charge66.审前动议pretrial motions67.证据开释discovery68.优势证据proof by preponderance ofevidence69.交叉询问cross-examination直接询问direct examination70.证据的可采性admissibility71.(对对方证据的)异议objection72.无效审理mistrial73.陪审团僵局a hung jury/ deadlockedjury74.传闻证据hearsay75.陪审团评议jury deliberation76. 诚实审查voir dire77.有因回避challenge for cause无因回避peremptory challenge, challenge without cause78.承担举证责任bear burden of proof79.认罪confessionplead guilty/guilty plea80.强制到庭程序compulsory process81.自证其罪self-incrimination82.双重追诉条款double jeopardyclause83.无罪推定presumption ofinnocence84.大陪审团grand jury85.排除合理怀疑的证据proof beyonda reasonable doubt 86.刑事审判制度criminal justicesystem87.大陪审团起诉书indictment诉状complaint88.及时审理speedy trial89.保释金，保释bail90.没收forfeiture91.仲裁协议arbitration agreements92.自由裁量权discretion93.原审管辖original jurisdiction94.共犯、同谋犯accomplice95.不当致死诉讼wrongful death action96.即决判决summary judgment 97．共同过失,混合过失contributory negligence比较过失comparative negligence 98证言testimony99.诽谤defamation口头诽谤slander书面诽谤libel100.侵犯，侵入（他人财产、土地、人身）trespass。
保密协议英语分析
Confidentiality agreements are crucial legal documents that protect sensitive information shared between parties. They are commonly used in various industries, including business, finance, and technology. This analysis will delve into the English language aspects of aconfidentiality agreement, focusing on its structure, key terms, and implications.1. Structure of the Confidentiality AgreementThe structure of a confidentiality agreement typically consists of the following sections:a. Recitals: This section outlines the purpose of the agreement, the relationship between the parties, and the reason for entering into the confidentiality arrangement.b. Definitions: Key terms used throughout the agreement are defined to ensure clarity and avoid ambiguity.c. Obligations of the Parties: This section outlines theresponsibilities and commitments of each party regarding the handling of confidential information.d. Exclusions: Certain types of information are excluded from the confidentiality obligations, such as information already in the public domain or independently developed by a party.e. Duration: The duration of the confidentiality obligations is specified, including the period after the agreement ends.f. Termination: Conditions under which the agreement may be terminated are outlined.g. Governing Law: The jurisdiction and applicable law governing the agreement are stated.h. Dispute Resolution: The method for resolving any disputes arising from the agreement is specified.2. Key Terms in the Confidentiality Agreementa. Confidential Information: This term defines the type of information that is protected, such as technical data, financial information, or trade secrets.b. Receiving Party: The party receiving the confidential information, who is obligated to maintain its confidentiality.c. Disclosing Party: The party providing the confidential information, who expects the receiving party to protect it.d. Use of Confidential Information: The receiving party's rights and limitations regarding the use of confidential information.e. Disclosure: The circumstances under which confidential information may be disclosed, such as in legal proceedings or with the consent of the disclosing party.3. Implications of the Confidentiality Agreementa. Legal Protection: The confidentiality agreement provides legal protection to the disclosing party by ensuring that the receiving party maintains the confidentiality of the shared information.b. Trust and Relationship: By entering into a confidentiality agreement, the parties demonstrate their commitment to maintaining trust and integrity in their business relationship.c. Risk Mitigation: The agreement helps mitigate the risks associated with sharing sensitive information, as it sets clear guidelines for the handling and protection of confidential data.d. Compliance with Laws: The agreement ensures that both parties comply with applicable laws and regulations regarding the protection of confidential information.In conclusion, a confidentiality agreement in English serves as acrucial legal document that protects sensitive information and fosters trust between parties. By defining key terms, outlining obligations, and specifying the duration of the agreement, the document provides a comprehensive framework for maintaining confidentiality and mitigatingrisks. Parties should carefully review and understand the terms of the agreement to ensure compliance and protect their interests.。
国际贸易key terms的中文解释
Chapter One Barter trade: 易货贸易Credit reference: 资信证明Direct transit trade: 直接过境贸易Economies of scale: 规模经济Commodity inspection: 商检Customs clearance: 清关Documentation: 文件Entrepot trade: 转口贸易Comparative advantage : 比较优势Direct trade: 直接贸易Domestic trade: 国内贸易Export license: 出口许可证Export procedures: 出口手续General trade: 一般贸易Import trade: 进口贸易International trade: 国际贸易Special trade: 特殊贸易Export trade: 出口贸易Import license: 进口许可证Indirect trade: 间接贸易Invisible trade: 无形贸易Transit trade: 过境贸易Free-liquidation trade: 自由结算贸易Import procedures: 进口手续Indirect transit trade: 间接过境贸易Payment: 支付Visible trade: 有形贸易Chapter TwoActual delivery: 实际交货Appropriation: 划拨Arrival contract: 到达合同（或目的地契约）Customary practice: 报关实务Customs clearance: 清关Customs formalities: 报关Delivery: 交货Inspection: 商检Means of transport: 运输工具Mode of transport: 运输方式Obligation: 义务Shipment contract: 转运合同Shipment notice: 转船通知Symbolic delivery:象征性交货Transfer of risk: 风险转移Chapter Three Acceptance: 受盘Commission: 佣金Counter-offer: 还盘Discount：折扣；贴现Enquiry: 询盘Export cost for foreign: exchange: 出口换汇成本Exchange: 汇兑Export profit margin:出口盈亏率Final price: 最终价格Total price: 总价Unfixed price: 非固定价Firm offer: 实盘Initial price: 最初价格Irrevocable offer: 不可撤销发盘Material price index: 原材料价格指数Money of account: 计价货币Money of payment: 支付货币Net price: 净价Non-firm offer: 虚盘Unit price: 单价Validity period: 有效期Offer: 发盘；报盘Offeree: 受盘者Offeror: 发盘者Price adjustment clause: 价格调整条款Price including commission: 含佣价Quotation: 配额Rebate: 回扣Revocation of an offer: 撤销报盘Wage index: 工资指数Withdrawal of an offer: 撤回报盘Chapter FourBar code: 条形码Conditioned weight: 公量Confirming sample: 确认样Counter sample: 回样/ 对等样Gross for net: 以毛作净Gross weight: 毛重Indicative mark: 指示性标志More or less clause: 溢短装条款Net weight: 净重Quality tolerance: 品质公差Quantity latitude: 数量机动幅度Reference sample: 参考样Regain: 回潮率Sale by actual commodity: 凭实际货物买卖Sale by actual quality: 凭实际品质买卖Sale by description or illustrations: 凭说明书或图样买卖Sale by grade: 凭等级买卖Sale by origin: 凭产地名称买卖Sale by sample: 凭样品买卖Sale by specifications: 凭规格买卖Sale by standard: 凭标准买卖Sale by trade mark or brand name: 凭商标或品牌买卖Shipping mark: 运输标志Shipping package: 运输包装Shipping sample: 装船样Tare: 皮重Neutral packing: 中性包装Chapter FiveSea transportation:海运Air transportation: 空运Rail(way )transportation: 铁路运输Road transportation:陆路运输Measurement ton:尺码吨Freight ton:运费吨Ad valorem: 从价运费Charter(tramp):不定期货船Voyage charter:程租船Time charter:期租船Liner/gross terms:班轮条件Containerization: 集装箱运输Liners transportation: 班轮运输Charter transportation:租船运输Freight rates:运费率Lay day:装卸天数Demurrage: 滞期费Straight B/L: 记名提单Order B/L:指示提单Stale B/L:过期提单Ante-dated B/L:倒签提单Advanced B/L:预签提单Surcharge:附加费Additional:附加费Basic freight:基本运费Weight ton:重量吨Sea waybill: 海运单Air waybill:空运单Partial shipments:分批装运Transshipment: 转船Time of delivery: 交货期Port of shipment: 装运港Port of destination:目的港Optional port: 选择港Chapter Six Actual total loss: 实际全损Fortuitous accidents: 意外事故Insurance coverage: 保险险别Claimant: 索赔人Franchise: 免赔率Insurance policy: 保险单Combined certificate: 联合凭证General average: 共同海损Insurance premium: 保险费Constructive total loss: 推定全损General risks: 一般外来风险Insurance rate: 保险费率Contribution: 分摊Indemnity: 赔偿金Natural calamity: 自然灾害Exclusions: 除外责任Insurable interest: 保险标的物Open policy: 预约保单External risks: 外部风险Insurance certificate: 保险凭证Partial loss: 部分损失Extraneous risks: 外来风险Insurance claim: 保险索赔Particular average: 单独海损Perils of the sea: 海上风险Proximate cause: 近因（原则）Special risks: 特殊外来风险Subject matter: 保险标的Subrogation: 代为求偿权Sum insured: 投保金额The insured/insurant: 被保险人The insurer: 保险人Total loss: 全部损失Underwriter: 承保人Unexpected accidents: 意外事故Utmost good faith: 最大诚信原则Chapter Seven Acceptance: 承兑Anticipatory credit: 预支信用证Back-to-back credit: 背对背信用证Beneficiary: 受益人Bill of exchange: 汇票Check: 支票Clean bill: 光票Clean credit: 光票信用证Confirmed L/C: 保兑信用证Deferred payment: 延期付款Discount: 折扣，贴现Documentary bill：跟单汇票Documentary letter of credit: 跟单信用证Endorsement: 背书Factoring: 保理业务Forfeiting: 包买票据Irrevocable L/C: 不可撤销信用证Paying instrument: 支付工具Payment by installments: 分期付款Payment in advance: 预付Payment term: 支付方式Presentation: 提示Promissory note: 本票Reciprocal credit: 对开信用证Red clause credit: 红条款信用证Remittance: 汇付Revocable L/C: 可撤销信用证Revolving credit: 循环信用证Sight draft: 即期汇票Sight L/C: 即期信用证Standby L/C: 备用信用证Tenor: 汇票期限Time/usance draft: 远期汇票Transferable L/C: 可转让信用证Chapter EightBill of exchange(a draft): 汇票Bill of lading:海运提单Booking note:托运单Certificates of origin:原产地证明书Cleanness: 清洁Commercial invoice: 商业发票Completeness: 完整性Conciseness:简洁性Consular invoices:领事发票Correctness: 准确性Customs declaration：报关Customs invoices: 海关发票Export license: 出口许可证Inspection certificate:检验证书Insurance policy: 保险单Letters of credit: 信用证Packing list: 装箱单Proforma invoices: 形式发票Promptness:敏捷Sales of contract: 销售合同Shipping advice: 装船通知Shipping order:装货单Chapter Nine Arbitration 仲裁Arbitration agreement: 仲裁协议Arbitration award: 仲裁裁决Arbitration body: 仲裁机构Arbitration tribunal: 仲裁法庭Arbitration hearing: 仲裁审理Arbitrator: 仲裁员Breach of contract: 违约Claim: 索赔Claimant: 索赔人Claimee: 被索赔人Dispute：纠纷Force majeure: 不可抗力Inspection: 检验Inspection certificate:检验证书Inspection body: 检查局Litigation: 诉讼Mediation: 调停Negotiation: 谈判Non-statutory inspection: 非法定检验statutory inspection: 法定检验panel of arbitration: 仲裁小组penalty clause: 罚金条款。
legal terms
*Unit One Legal systemfederation联邦制/federalism联邦制度/政治jurisdiction 管辖权(区)legal system 法律体系legal tradition 法律传统legal method 法律方法civil law system 大陆法系common law system 普通法系royal court 女王法庭legislation 立法petition 申请，诉求Court of Chancery 大法官法庭、衡平法庭discretion自由裁量（权）equity 衡平法entrusted territories 托管领土economic hegemony 经济霸权commonwealth countries 英联邦国家Privy Councilil 枢密院Twelve Tables 十二表法Canon law 教会法Justinian Code 查士丁尼法典source of law 法律渊源civil code 民法典private law/public law私法/公法law doctrine 法条legal education 法学教育tribunal 审判员席，法官席；特别法庭breach of contract 违反合同precedent 先例，前例predictability 可预期性legal doctrine 法律原则stare decisis 遵循先例trial court初审法院、审判法院intermediate appellate court 中级上诉法院Supreme Court of the United StatesRes Judicata已决事件[已裁决的案例] reversal 撤销；推翻[下级法院的裁决] overrule 推翻判决，驳回judicial precedent 司法先例plaintiff （民事）原告defendant （民事、刑事）被告the accused (刑事) 被告a right of privacy 隐私权the losing party 败诉方bring one’s suit against sb 起诉reverse the decision 推翻裁判binding 有约束力的reasoning 推理dictum 法官的附带意见(A council of the British sovereign that until the 17th century was the supreme legislative body, that now consists of cabinet ministers ex officio and others appointed for life, and that has no important function except through its Judicial Committee, which in certain cases acts as a supreme appellate court in the Commonwealth.枢密院：英王的咨询委员会，17世纪以前一直是最高立法机构，现在由内阁大臣和其他终身任职的官员组成，除了通过其司法委员会发挥作用外没什么重要作用，它的司法委员会在某些时候作为英联邦的最高上诉法院)Unit Two Court Systemcourt of last resort 最高上诉法院Court of Common Pleas普通诉讼法院out-of-state lawyer州外律师inferior trial court初级法院petty trial court小型审判法院trial court of general jurisdiction 具有一般审判权的初审法院Superior Court高级法院、上级法院District Court地区法院Supreme Judicial Court最高法院matter of grace恩典/matter of rightIntermediate Appellate Courts中级上诉法院the Claims Court索赔法院the Tax Court税务法院diversity of citizenship多样公民身份管辖venue审判地judicial circuit巡回审判区Federal Circuit court 联邦巡回法院Court of Customs and Patent Appeals海关和专利上诉法院en banc法庭全体法官【出庭审理案件】certiorari 调卷令deposition：Testimony under oath, especially a statement by a witness that is written down or recorded for use in court at a later date.【法律】宣誓作证：尤指通过写下的证词或记录的形式作出的在今后法庭上使用的证词。
法律英语单词
法律英语单词Title: Key Legal English VocabularyIntroduction:Legal English, also known as the language of the law, is a specialized domain that encompasses specific terminology and expressions used in legal contexts. This article aims to provide a comprehensive introduction to key legal English vocabulary, covering various areas of law and helping individuals navigate legal documents and conversations with ease.1. Contract Law:1.1 Offer: A proposal made by one party to another, indicating an intent to enter into a legally binding agreement.1.2 Acceptance: The act of agreeing to the terms of an offer, resulting in the formation of a contract.1.3 Consideration: Something of value exchanged between parties as part of a contract.1.4 Breach: The violation of a term or condition of a contract by one of the parties involved.1.5 Unilateral Contract: A contract in which one party promises to do something in exchange for the other party's performance.2. Criminal Law:2.1 Felony: A serious offense that can result in imprisonment for more than one year.2.2 Misdemeanor: A less serious offense, typically punishable by finesor imprisonment for less than one year.2.3 Bail: A sum of money deposited as a guarantee for the temporary release of an accused person.2.4 Plea Bargain: An agreement between the prosecution and the defense, in which the accused pleads guilty to a lesser charge in exchange for a reduced sentence.2.5 Habeas Corpus: A legal action through which a person can seek relief from unlawful detention.3. Tort Law:3.1 Negligence: The failure to exercise a reasonable standard of care, resulting in harm or injury to another person.3.2 Duty of Care: The legal obligation to act in a manner that does not cause foreseeable harm to others.3.3 Damages: Monetary compensation awarded to the injured party in a lawsuit.3.4 Strict Liability: Holding a party liable for damages regardless of fault or intent.3.5 Defamation: The act of making false statements that harm someone's reputation.4. Intellectual Property Law:4.1 Patent: A government-granted exclusive right to invent and market an invention.4.2 Copyright: Legal protection granted to the creators of original works, such as literary, artistic, or musical creations.4.3 Trademark: A distinctive sign, symbol, or phrase used to identify and distinguish goods or services from others in the market.4.4 Infringement: The unauthorized use or reproduction of someone's intellectual property rights.4.5 Fair Use: A legal doctrine that allows limited use of copyrighted material without permission, primarily for educational or transformative purposes.5. International Law:5.1 Sovereignty: The exclusive right of a state to govern its territory and determine its internal and external affairs.5.2 Diplomacy: The practice of conducting negotiations between representatives of different countries.5.3 Treaties: Formal agreements between states that establish rights and obligations.5.4 Jurisdiction: The authority of a court or legal system to hear and decide upon a case.5.5 Human Rights: Fundamental rights and freedoms to which all individuals are entitled, irrespective of nationality or jurisdiction.Conclusion:Mastering key legal English vocabulary is essential for anyone involved in legal careers or dealing with legal matters. Understanding the language of the law enables individuals to comprehend legal documents, participate in legal discussions, and navigate legal systems both domestically and internationally. This article provides a foundation for strengthening legal English language skills, but further exploration and practice are encouraged to develop a comprehensive understanding of this specialized field.。
法律与法规英语词汇大全
法律与法规英语词汇大全IntroductionIn today's globalized world, knowledge of legal terms and concepts in English has become increasingly important. Whether you are studying law, working in a legal profession, or simply interested in understanding the legal system, having a comprehensive understanding of legal vocabulary is essential. In this article, we will provide you with a comprehensive list of legal terms and their corresponding translations in English. This guide aims to help you navigate through legal documents, communicate effectively in legal contexts, and enhance your overall legal literacy.1. Legal System - 法律制度1.1 Common Law - 普通法1.2 Civil Law - 民法1.3 Statutory Law - 法定法1.4 Criminal Law - 刑法1.5 Administrative Law - 行政法1.6 Constitutional Law - 宪法1.7 International Law - 国际法1.8 Case Law - 判例法1.9 Precedent - 先例1.10 Jurisdiction - 司法管辖权2. Legal Professionals - 法律专业人士2.1 Lawyer - 律师2.2 Attorney - 律师2.3 Judge - 法官2.4 Prosecutor - 检察官2.5 Solicitor - 讼师2.6 Barrister - 大律师2.7 Notary Public - 公证员2.8 Legal Advisor - 法律顾问2.9 Paralegal - 法律助理2.10 Legal Secretary - 法律秘书3. Legal Documents - 法律文件3.1 Contract - 合同3.2 Agreement - 协议3.3 Deed - 契约3.4 Will - 遗嘱3.5 Power of Attorney - 授权书3.6 Affidavit - 宣誓书3.7 Lease - 租约3.8 Complaint - 控告书3.9 Summons - 传票3.10 Pleading - 辩护书4. Legal Proceedings - 法律程序4.1 Trial - 审判4.2 Hearing - 开庭审理4.3 Evidence - 证据4.4 Testimony - 证词4.5 Cross-examination - 盘问4.6 Verdict - 裁决4.7 Judgment - 判决4.8 Appeal - 上诉4.9 Settlement - 和解4.10 Arbitration - 仲裁5. Legal Concepts - 法律概念5.1 Liability - 法律责任5.2 Tort - 侵权行为5.3 Breach of Contract - 违约5.4 Negligence - 过失5.5 Intellectual Property - 知识产权5.6 Copyright - 版权5.7 Trademark - 商标5.8 Patents - 专利5.9 Confidentiality - 保密5.10 Jurisprudence - 法理学ConclusionUnderstanding legal terms and vocabulary is crucial for anyone dealing with legal matters. This comprehensive list of legal terms in English provides a valuable resource for navigating the legal system, communicating effectively, and enhancing your legal literacy. By mastering these terms, you will be better equipped to comprehend legal documents, participate in legal proceedings, and engage in legal discussions.。
legal terms-(I) term(有注释无音标)
legal_terms(I)1. equity law衡平法2. jurisdiction 管辖权3. trial court初审法院4. Chief Justice首席大法官5. legislation立法(指立法机构所制定的法律)6. the legislative 立法机构7. legislature立法机构8. prosecutor检察官9. procuratorate n. 检查机关10. legal remedy（relief）法律救济11. equitable remedy 衡平救济12. reimburse v.(1)偿还；付还(款项)(2)补偿(→contribution; restitution)13. writ of injunction 禁制令14. writ of specific performance 实际履行令15. restitution n.返还原物；恢复原状；取回16. Court of Appeals /appellate court上诉法院17. appellant n.(1)上诉人(2)(重罪私诉中的)自诉方〔complaining party〕18. appellee n.(1)被上诉人(2)重罪私诉案中的被告人(3)被同案犯揭发者19. petitioner n.请愿者；请求人；申请人20. respondent n.(1)被上诉人(2)(衡平法诉讼中的)被告(3)被申请人；应答人(4)(大陆法)替代答辩人；保证人21. the judicial 司法22. judiciary n.(1)司法部门；司法机关(2)法院系统；法院体系(3)〔总称〕法官 a.法院的；司法的；涉及司法机关的23. Supreme People’s Court 最高法院24. Beijing No. 2 Intermediate People’s Court北京第二中级人民法院25. Procuratorate 1.检察院 2.检察机关26. the executive 行政部门27. execute v.(1)实施；执行；履行；完成(2)签字(3)完成签字、盖章、交付等一切使契约、文件等生效的必要手续(4)处死刑28. execution n.(1)实施；执行；履行；完成(2)为使契约、文件、票据等生效而履行签名、盖章、交付等一切法律所要求的手续(3)执行死刑(4)(判决)执行令29. enforcement n.(法律、命令等的)实施；强制执行30. executor n.(1)遗嘱执行人指由立遗嘱人在遗嘱中指定在其死后依遗嘱处理其遗产的人。
转让合同的专业术语包括
转让合同的专业术语包括**Transfer Contract: Key Legal Terms and Concepts****转让合同：法律术语及概念解析****Assignment: The act of transferring rights or obligations from one party to another.****转让：将权利或义务从一个方转移给另一个方的行为。
****Successor: The entity or individual that assumes the rights and obligations of the contract after the transfer.****继受方：在转让后承担合同权利和义务的实体或个人。
****Consideration: The value exchanged between parties as part of the contract transfer.****对价：作为合同转让的一部分，双方交换的价值。
****Approval: The consent or authorization required from the other party for the transfer to be valid.****批准：转让有效所需另一方的同意或授权。
****Indemnification: A clause that requires the successor to compensate the other party for any losses incurred due to the transfer.** **赔偿条款：要求继受方因转让而向另一方赔偿任何损失的条款。
****Governing Law: The legal jurisdiction that applies to the transfer contract.****适用法律：适用于转让合同的法律管辖区。
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Part I Key Terms Interpretation
Common law – the whole of England developed the same body of laws instead of each area having its own local laws.
Part I Key Terms Interpretation
Obiter dictum- [Latin, By the way.] Words of an opinion entirely unnecessary for the decision of the case.
A remark made or opinion expressed by a judge in a decision upon a cause, “by the way”, that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. (HighTree case: Lord Dening) Such are not binding as precedent.
Part II Key Terms (English-Chinese)
A body of laws(法律体系/法规汇编) Approve the Bill A source of law(法律渊源) Make a K valid Come into force(生效) Statement of law/form the law Suffer a detriment(遭受损害/伤害) Comply with the law Hv capacity to K An enforceable K Under duress (pressure)/economic duress Sue the party in breach(违约当事人) Discharge a Ke the form of deed(契约) Total claim(总求偿额)
Key Legal Terms for Today
Proverbs in law
“Law can never be enforced unless fear supports it” "When the facts are against you, argue the law. When the law's against you, argue the facts. And when the facts and the law are against you, abuse the opposing counsel."
Part I Key Terms Interpretation
Deed：A conveyance of realty; a writing signed by grantor, whereby title to realty is transferred from one to another; a written instrument, signed and delivered, by which one person conveys land, tenements(房屋), or hereditaments(可继承财产) to another. Deed is a document sealed as an instrument of boud, contract, or conveyance, especially relating to property.( 契据就是一份盖了印的文件，充当债券、合约或者交割凭 证，尤其用于产权转移。)
Part II Key Terms (English-Chinese)
Cts of first instance(一审法院) A claim form(诉状) Right of audience(出庭权) Advocacy (辩护术) Appear in Ct(出庭) Enter into a K /sign (缔结/签订合同) voluntarily Perform the K (履行合同) File/issue/a claim(提起诉讼) Start proceedings (启动诉讼程序) against sb. Pleading a case(辩护案件) Allegation(辩护词) Duty of care(注意义务) Grounds(诉由) Commit a tort(侵权) No win-no fee(风险代理/不成功不收费)
Part I Key Terms Interpretation
Precedent Legal principle, created by a ct decision, which provides an example/authority for judges deciding similar issues later. Generally, decisions of higher cts (within a particular system of cts) are mandatory precedent on lower cts within that system--that is, the principle announced by a higher ct must be followed in later cases.
Part I Key Terms Interpretation
Consideration –what one party promises to give/does for, the other party. A principle of law –an accepted idea that forms part of the law Ratio decidendi – the reasoning behind the decision Obiter dictum – sth that is not really necessary for the legal basis(法律依据) for the decision Distinguishable – the present case is so different that the precedent does not apply in this particular situation
Deed 知识链接
Deed通常用于地产交易，通译为“契据”而非“合约” 或“契约”。在英美法中它是一类十分重要的法律文件。 它属于书面合同的一种，但要求更为严格，曾经很长时 间都需要盖印方能生效，现代法律已经不作此要求，只 需签名即可。 Deed、contract、covenant之间的区别：Deed多用于 不动产交易，必须为书面形式；contract和covenant都 可以在最广泛的程度上指“合同”，前者更为常用，而 后者多用于指单方合同，即只有一方负有义务的合同； covenant也指个别条款。 例句：A deed is a legal instrument used to grant a right.
Part II Key Terms (English-Chinese)
To issue the binding precedent(发布有拘束力的先例) Constitute a consideration(构成对价) A new precedent is set(指定新的先例) Overrule its earlier decision（推翻先例） Suggest amendments to this Bill（建议修订议案） Material facts（重要事实) Royal approval(皇室批准） Civil code（民法典） Construe-construction（司法解释） Contracting parties（缔约当事人) Resolve by mediation(通过调解解决） Assume the risk（承担风险） Sue on the promise that…（根据某种允诺起诉） Under a legal obligation（根据法律责任） Give a judgment for the claimant/defendant（做出有利于原告判决） Available at the discretion of court(根据法院自由裁量） Oblige the party in breach to do sth（使违约当事人承担义务） The injured party（受害人） Relief/remedy/damages/compensation/redress（救济)
Deed/covenant/indenture/compact
Covenant-指不动产转让和不动产相关的文件 - a formal, sealed contract - a clause of such a contract - a suit for damages for violation of such Indenture-也指不动产和不动产相关文件，但历史上 指契约被一分为二，留下痕迹或波浪状，以供核对。 Deed-历史上的房契。也指不动产转让，指经签字和 转让财产的一方出让土地、租房和留遗产的书面协议。