Case Briefing and Legal Writing
legal writing法律文书写作
how to write a legal office memoThe legal office memorandum is the most common way attorneys convey information to one an Typically, junior attorneys write memos for more senior attorneys to memorialize and summariz and client information. In most law schools, writing a legal office memorandum is one of the firs students learn in their legal writing course.The Purpose of a Legal Office MemorandumMost memoranda serve one of two functions: analyzing a client‘s specific legal pr oblem or answ questions that the client‘s particular situation poses. Before writing, a lawyer will research the a mandatory (binding) case law and the persuasive (nonbinding) case law to determine the legal lan lawyer will also review any applicable statutory provisions or regulatory issuances from administraAfter finishing the research process, the lawyer will then interpret the client‘s situation in light o applicable law. An office memorandum sums up the lawye r‘s analysis and supplies the facts the l upon in reaching the conclusion. The main point of the memorandum should be to advise whether lawfully engage in conduct or predict how a decision maker will rule on a legal problem.The intended audience for the memo should not have to read the cases, statutes, or regulations discusses to understand the legal landscape. Rather, the point of the memo is to summarize the p in a digestible, short format that encapsulates the situation succinctly for the reader. After a bri the office memorandum, an attorney who was formerly unfamiliar with the case law should be a well-founded advice to a client. Ensuring the memo follows a prescribed format keeps it easy fo to find the information he or she needs.The Format of a Legal Office MemorandumMost memoranda share a common format: a heading, an issue, a short answer, a statement of discussion, and a conclusion.Read more: /article. ... asics#ixzz0Vgzkq8WYThe Heading consists of four lines: to, from, date, and subject (re. You should include your c as well as a descriptive subject in the re: line, as each client file typically will require multiple m The Issue section usually contains a statement of the issue the memo addresses. Sometimes thcalled the ―question presented.‖The Short Answer answers the question presented succinctly and should supply a summary of the supporting the answer.The Statement of Facts section, often shortened to "Facts," includes an objective statement of t facts that are pertinent to the issue described in the memo.The Discussion section collects and describes the law, both favorable and unfavorable, applicab client‘s situ ation.The Conclusion is a short section summarizing the contents of the entire memo. It pulls togethe critical facts and legal analysis into a few sentences. In shorter memoranda, lawyers commonly conclusion.If you follow this format, you will be well on your way to writing a well-organized legal office me The article was first published in /forumdisplay.php?fid=10 [转]公司章程样本Articles of Associations for ______ Company(Modified Version)Chapter 1 General ProvisionsArticle 1 This Articles of Association is hereby formulated and executed by and between__ (here referred to as ―Party A‖), _ (hereinafter referred to as ―Party B‖), as well as __(hereinafter refe ―Party C‖, and Party A,Party B and Party C are sometimes referred to hereinafter collectively as t and each individually as a ―Party‖), in accordance with the Company Law of the People‘s Repub Law of the People‘s Republic of China on Enterprise with Foreign Investment , and other related laws and regulations, with a view to establishing and maintaining the statutory status and quali ___(hereinafter referred to as ―Company‖), standardizing the organization and activities thereo safeguarding the legitimate and due interests and rights of the Company, investors and creditors well as enabling and ensuring a sound operating mechanism for self-development and self-disci created and adopted in the Company (hereinafter referred to as ―Articles‖).Article 2 The Company is a foreign-invested enterprise established upon required and necessarythe related examination and approval authorities of competent jurisdiction. The Company was reg Beijing Bureau for Industry and Commerce with its establishment date on 18th April 2003.Article 3 The full name of the Company is __, with its legal domicile at ___.Article 4 The Company is governed and protected by relevant laws of the People‘s Republic of Ch and all activities thereof shall be subject to appropriate applicable laws, regulations and provision in other rules and regulations.Article 5 The Company is incorporated in the form of a limited liability Company, being entitled independent legal person status, and enjoying dulyrelated rights to engage in civil affairs as allow to assume any and all required civil liabilities resulted from its activities. Each party thereto is li Company in proportion to of their contribution to the registered capital thereof. The Company s liable to the extent of its total asset available at then currently appropriate time, following the p voluntary contribution, equity equality, returns sharing and risk co-assumption.Article 6 Upon an unanimous agreement of the Board of Directors of the Company and approva governmental authorities, the Company may, subject to the applicable laws and regulations, ma investment in or payment of membership dues to, any other companies or enterprises or privat non-enterprise entities (limited only to the those in medical sector or industry) or corporate bod only to the those in medical apparatus sector or industry), based at home or abroad, for being ad shareholder, beneficiary owner, organizer or member of the same, however, provided that the Co not seek or apply to be shareholder, partner or member of any profit-seeking organization or no organization, whether a legal person, with unlimited liabilities.Article 7 Upon an unanimous agreement of the Board of Directors of the Company and approva governmental authorities, the Company may, set up branch (es) at home or abroad, as the case mChapter 2 Investing PartiesArticle 8 The Company is jointly funded and established by:i)CHENGXUAN INTERNATIONAL LTD, a limited liability corporation incorporated and existinglaws of British Virgin Islands, with its legal address at Mill Mall, P.O. Box 92, Road Town, Tortola, B Islands. The name, position and nationality of its Legal representative are each respectively ind follows: Wu Xiaodong, Chairperson of the Board of Directors and Chinese.ii)GOLDEN MEDITECH (BVI) COMPANY LIMITED, a limited liability corporation registered in B Islands, with its legal address at P.O. Box 957, Offshore Incorporations Center, Road Town, Brit Islands. The name, position and nationality of its Legal representative are each respectively ind follows: Gan Yuan, Director and Chinese; and ．．．．．．．．．．Brief写作技巧（转）How to Brief a CaseConfusion often arises over the term "legal brief." There are at least two different senses in wh is used.Appellate briefAn appellate brief is a written legal argument presented to an appellate court. Its purpose is the higher court to uphold or reverse the trial court‘s decision. Briefs of this kind are therefore g presenting the issues involved in the case from the perspective of one side only.Appellate briefs from both sides can be very valuable to anyone assessing the legal issues rais Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which br regularly available in published form. The Landmark Briefs series （REF. LAW KF 101.9 .K8）incl texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Suprem Reports. Lawyer‘s Ed., 2nd. series （REF. LAW KF 101 .A42）.Student briefA student brief is a short summary and analysis of the case prepared for use in classroom d is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issue what was decided, and analyze the reasoning behind decisions made by the courts.Although student briefs always include the same items of information, the form in which the set out can vary. Before committing yourself to a particular form for briefing cases, check with yo to ensure that the form you have chosen is acceptable.THE PARTIES AND HOW TO KEEP TRACK OF THEMBeginning students often have difficulty identifying relationships between the parties involve cases. The following definitions may help：Plaintiffs sue defendants in civil suits in trial courts.The government （state or federal）prosecutes defendants in criminal cases in trial courtsThe losing party in a criminal prosecution or a civil action may ask a higher （appellate）cou the case on the ground that the trial court judge made a mistake. If the law gives the loser the righ court review, his or her lawyers will appeal. If the loser does not have this right, his or her lawy the court for a writ of certiorari. Under this procedure, the appellate court is being asked to exerc discretion in granting the cases a hearing for review.For example, a defendant convicted in a federal district court has the right to appeal this de Court of Appeals of the circuit and this court cannot refuse to hear it. The party losing in this app can request that the case be reviewed by the Supreme Court, but, unless certain special circumst has no right to a hearing.These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped t "appeals." However, there is, as shown, a difference between them, and you should know it.A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the cas as a petitioner. The person, who must respond to the petition, that is, the winner in the lower co the respondent.A person who files a formal appeal demanding appellate review as a matter of right is know appellant. His or her opponent is the appellee.The name of the party initiating the action in court, at any level on the judicial ladder, always in the legal papers. For example, Arlo Tatum and others sued in Federal District Court for an injunc Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Tatum and became plaintiffs and the case was then known as Tatum v. Laird. The Tatum group lost in the D and appealed to the Court of Appeals, where they were referred to as the appellants and the debecame the appellees. Thus the case was still known at Tatum v. Laird.When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appel to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from t Court directing the Court of Appeals to send up the record of the case （trial court transcript, mo and assorted legal documents）to the Supreme Court.At this point the name of the case changed to Laird v. Tatum：Laird and associates were n petitioners, and Tatum and his fellows were the respondents. Several church groups and a grou intelligence agents obtained permission to file briefs （written arguments）on behalf of the res help persuade the Court to arrive at a decision favorable to them. Each of these groups was terme curiae, or "friend of the court."In criminal cases, switches in the titles of cases are common, because most reach the appella a result of an appeal by a convicted defendant. Thus, the case of Arizona v. Miranda later becam Arizona.STUDENT BRIEFSThese can be extensive or short, depending on the depth of analysis required and the dema instructor. A comprehensive brief includes the following elements：1. Title and CitationThe title of the case shows who is opposing whom. The name of the person who initiated leg that particular court will always appear first. Since the losers often appeal to a higher court, thi confusing. The first section of this guide shows you how to identify the players without a scorecThe citation tells how to locate the reporter of the case in the appropriate case reporter. If yo the title of the case, the citation to it can be found using the case digest covering that court, or computer-assisted legal research tools （Westlaw or LEXIS-NEXIS）.2. Facts of the CaseA good student brief will include a summary of the pertinent facts and legal points raised in the show the nature of the litigation, who sued whom, based on what occurrences, and what happelower court/s.The facts are often conveniently summarized at the beginning of the court‘s published opini Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. Judges are not above being selective about the facts they emphasize. This can become of crucia when you try to reconcile apparently inconsistent cases, because the way a judge chooses to char "edit" the facts often determines which way he or she will vote and, as a result, which rule of la applied.The fact section of a good student brief will include the following elements：An one-sentence description of the nature of the case, to serve as an introduction.A statement of the relevant law, with quotation marks or underlining to draw attention to th or phrases that are in dispute.A summary of the complaint （in a civil case）or the indictment （in a criminal case）plus evidence and arguments presented in court to explain who did what to whom and why the case to involve illegal conduct.A summary of actions taken by the lower courts, for example: defendant convicted; convictio appellate court; Supreme Court granted certiorari.3. IssuesThe issues or questions of law raised by the facts peculiar to the case are often stated expli court. Again, watch out for the occasional judge who misstates t he questions raised by the lowe opinion, by the parties on appeal, or by the nature of the case.Constitutional cases frequently involve multiple issues, some of interest only to litigants and others of broader and enduring significant to citizens and officials alike. Be sure you have includWith rare exceptions, the outcome of an appellate case will turn on the meaning of a provis Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restate issue. Set it off with quotation marks or underline it. This will help you later when you try to rec conflicting cases.When noting issues, it may help to phrase them in terms of questions that can be answered w "yes" or "no."For example, the famous case of Brown v. Board of Education involved the applicability of a the 14th Amendment to the U.S. Constitution to a school board‘s practice of excluding black pu certain public schools s olely due to their race. The precise wording of the Amendment is "no sta deny to any person within its jurisdiction the equal protection of the laws." The careful student wo identifying the key phrases from this amendment and deciding which of them were really at issue Assuming that there was no doubt that the school board was acting as the State, and that Miss B "person within its jurisdiction," then the key issue would be "Does the exclusion of students from school solely on the basis of race amount to a denial of ‗equal protection of the laws‘"Of course the implications of this case went far beyond the situation of Miss Brown, the Top Board, or even public education. They cast doubt on the continuing validity of prior decisions in Supreme Court had held that restriction of Black Americans to "separate but equal" facilities did them "equal protection of the laws." Make note of any such implications in your statement of issue of the brief, in which you set out your observations and comments.NOTE：More students misread cases because they fail to see the issues in terms of the appl judicial doctrine than for any other reason. There is no substitute for taking the time to frame c questions, so that they actually incorporate the key provisions of the law in terms capable of be precise answers. It may also help to label the issues, for example, "procedural issues," "substan "legal issue," and so on. Remember too, that the same case may be used by instructors for differe so part of the challenge of briefing is to identify those issues in the case which are of central impor topic under discussion in class.4. DecisionsThe decision, or holding, is the court‘s answer to a question presented to it for answer by th involved or raised by the court itself in its own reading of the case. There are narrow procedural h example, "case reversed and remanded," broader substantive holdings which deal with the inter the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the hold stated in simple "yes" or "no" answers or in short statements taken from the language used by5. ReasoningThe reasoning, or rationale, is the chain of argument which led the judges in either a major dissenting opinion to rule as they did. This should be outlined point by point in numbered sente paragraphs.6. SeparateOpinions Both concurring and dissenting opinions should be subjected to the same depth of bring out the major points of agreement or disagreement with the majority opinion. Make a note justice voted and how they lined up. Knowledge of how judges of a particular court normally lin particular issues is essential to anticipating how they will vote in future cases involving similar i7. AnalysisHere the student should evaluate the significance of the case, its relationship to other cases history, and what is shows about the Court, its members, its decision-making processes, or the i on litigants, government, or society. It is here that the implicit assumptions and values of the Jus be probed, the "rightness" of the decision debated, and the logic of the reasoning considered.Created by Christopher Pyle, 1982 Revised by Prof. Katherine Killoran, Feb. 1999Excerpted from Lloyd Sealy Library, John Jay College of Criminal Justice（转）法律英语中标点符号的使用冒号(Colons)冒号通常用来指出跟在其后面的信息。
法律写作范例CaseBrief
Case Brief: Chad Everette CALDWELL and wife, Crystal Cope Caldwell v. Randy DeWitt BRANCH and Kristy N. Crawford.I.HEADING:Case name: Chad Everette CALDWELL and wife, Crystal Cope Caldwell v.Randy DeWitt BRANCH and Kristy N. Crawford.-Respondent : CALDWELL-Appellant : BRANCH-Defendant : BRANCHII.PROCEDURAL HISTORY ：1.Owners of alleged dominant estate brought action against owner of allegedservient estate, asserting that they had acquired prescriptive easement.Following a bench trial, the Superior Court, Gaston County, W. Robert Bell, J., found that owners of alleged dominant estate had acquired prescriptive easement. Owner of alleged servient estate appealed.III.FACTS：1.Since 1958, the plaintiff and their predecessors had used and maintained adriveway across the defendant ’tracts (Track C) without permission or objection.2.Plaintiffs and their predecessorstreated the driveway as their own, and amailbox for the Caldwell Property stood at the end of the driveway abutting apublic road for over thirty years.3.The Episcopal church, whose members must have been aware of the use byand the intentions of plaintiffs and their predecessors in interest.4.In 2003, the defendant blocked the driveway.1.Whether the plaintiffs’ driveway constituteprescriptive easement.V.RULES:1.To establish the existence of a prescriptive easement,the party claiming theeasement must prove four elements concerning the property: (1) that the use is adverse, hostile or under a claim of right; (2) that the use has been open and notorious such that the true owner had notice of the claim; (3) that the use hasbeen continuous and uninterrupted for a period of at least 20 years; and (4)that there is substantial identity of the easement claimed throughout the 20-year periodVI.HOLDING:1. The court hold that the plaintiff driveway’s meet all requirements for aprescriptive easement.VII.DISCUSSION1.Caldwells and visitors to the Caldwell Property traversed the driveway on adaily basis, and plaintiffs and their predecessors maintained the road byscraping, graveling, and paving a portion of the road.2.Plaintiffs and their predecessorstreated the driveway as their own, and amailbox for the Caldwell Property stood at the end of the driveway abutting apublic road for over thirty years.3.Additionally, the Episcopal Church, whose members frequently parked onTract C, must have been aware of the use by and the intentions of theplaintiffs and their predecessors in interest.4.As such, plaintiffs' use of the driveway was both open and notorious as well ashostile and adverse. The record is clear that the direction, size, and location of the driveway has remained fixed and constant since 1958, and thus, there has been substantial identity of the claimed easement.5.Finally, the use has been for more than twenty years. Plaintiffs can trace thehostile and open use of the driveway back at least to 1971. As such, this Courtneed not address whether the adverse period began running from 1958. Thespan of time from 1971, when Chad Caldwell was born, to 2003, whendefendant blocked the driveway and plaintiffs filed suit, is sufficient to meetthe twenty-year requirement for a prescriptive easement.VIII. DICTA1.Chief Judge MARTIN and Judge ELMORE concur.IX.JUDGEMENT1. AFFIRMED。
如何写case brief
如何写case brief~早看了这个上课就不至于那么迷茫了 555~~case brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住case的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的case brief 就非常重要了。
那怎如何写呢总结起来差不多有这样几种：一、FPIHRC写法（如下所述）Title . Roe v. Wade)Citation . 410 . 113 (1973))Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.Procedure: Most of the cases that you'll read in law school will be appellate c ourt decisions. In this section, you want to list what happened in the lower co urt(s). Do not go into too much detail. One or two sentences are sufficient for this section.Issue(s): What is/are the question(s) facing the court Form the issue questions in a way that they can be answered by yes or no.Holding: How did the court answer the issue question(s) YES/NOReasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actual ly be quite detailed in this section. List what the law was before this case wa s decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.Concurring/dissenting opinions: Even though I read the concurring and dissentin g opinions, I rarely brief them. However, there are some cases . Youngstown She et & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up bec oming more important than the majority's opinions. In such cases, you should ad d this section to your case brief.二、FIHRQ写法（注意：下面第一条的citation是每个case brief都必须要有的，另外还应当包含the case's title）I. CITATIONFrom what specific source is the case taken？For example, was the case reported in the . Supreme Court ReportsII. THE FACTSA. Material· What materially happened· Was there, for example, a collision on the high seas A dispute over terr itoryB. Legal· From what legal circumstances did the case originate· Did two states agree, for example, to submit their dispute to an arbitra l tribunal Was an opinion sought from theIII. LEGAL ISSUESA. Specific· What specific legal questions does this case raise· For example, does the proximity of Ruritania to Zombie Island give Rurit ania a legal basis for making a territorial claim for Zombie IslandB. General· What more general legal questions does this case raise· For example, is "proximity" a legitimate basis under international law f or making a territorial claim for an islandIV. THE HOLDING· What decision was made That is, in support of which side did the court h old· For example, in Missouri v. Holland, did the court decide in favor of "M issouri" or "Holland"V. LEGAL RATIONALE· What legal reasoning informed the court's decision· What rules of law, for example, did it apply· How did it interpret legal principles, documents· How did it construe the factsVI. QUESTIONS· What existing legal questions, if any, are unresolved by this case· What new questions, if any, does it raise三、FIHR写法四、FIRAC写法Writing a Case Brief Case briefs are documents prepared by students as a study aid when trying to capture the essence and importance of appellate court decisi ons. A case brief summarizes a court decision by outlining, at a minimum, the f acts of the case, the legal issues raised, and the rationale for the court’s d ecision.There are many ways to organize a case brief and each structure may include and exclude items different than those requested here. The references listed at th e end of this handout show the variation in how a case might be briefed, but th ey also provide additional information to help you complete a brief. So, in add ition to the items and explanations below, you should consult the references fo r additional clarity. For purposes of the assignment, follow the structure prov ided here in preparing your case brief.Case Name and RolesAs you learned in the citing cases assignment, the case name will typically sho w two parties. In a criminal case the first party is invariably the government (probably state or federal) and the second party is the defendant. However, a c ase before an appellate court (which are the cases you will brief) may result i n a switch when a defendant (now the appellant or petitioner) seeks action agai nst the state (now the appellee or respondent). See Ferdico (p. viii) for a rev iew of determining who’s who in a case name. So, in addition to providing the proper case citation, this section of the brief will also specify the role of e ach party.Procedural BackgroundAppellate cases have, by definition, already had a trial stage. In fact, depend ing on what appeal level the case now being briefed is at, it may already have been to several appellate courts. The case brief should identify the courts tha t have dealt with the case and indicate the decisions those courts have made. (See Ferdico’s example (bottom of p. viii and top of p. ix) using Bond v. Unit ed States.) The sections of the court opinion that help identify the procedural background will also provide information for the “roles” section above. As a warning—based on briefs provided in other classes—some students confuse the c ourt opinion for the case now being briefed with opinions from earlier courts. This is another good reason to include the procedural background as part of a c ase brief since it helps you clarify how your case got to the . Supreme Court (the court for all briefs in this assignment). Remember, the brief you are writ ing summarizes the facts, issues, holding, and rationale in the . Supreme Courtopinion for the case name you have identified at the start of the brief. Don’t confuse those items (especially the court’s holding, rationale, and dispositi on) with ones relevant to court opinions on this case at earlier stages.FactsIn one or two paragraphs, provide a concise summary of the incident that brough t the case before the court. This will include a description of the crime and t he circumstances causing the earlier c ourt’s decision to be appealed. This is actually one of the more difficult parts of the brief since requires you to cle arly identify and concisely state ONLY that information needed to understand th e case. The decision itself usually includes a lot more information than is nee ded for the brief.The issues being addressed in the case (see the following section) will help yo u determine what facts are especially important for your brief. In fact, some a uthors suggest you write the issues section first to help you more clearly iden tify the facts.Ferdico (bottom of column A and top of column B on p. ix) suggests the type of questions that should be answered in this section. As he notes, the behavior of the police during their investigation, confrontation, apprehension, detention, etc. of the defendant will probably constitute important facts in most of the cases you are briefing. It is important for you to remember, however, that beha vior by magistrates, prosecutors, defense attorneys, trial judges, wardens, etc.can also be claimed to have violated right of the defendant (appellant/petitio ner).Legal IssuePhrase, in your own words, the legal question the court has tried to answer in this case. State the issue as a question ., “Can a police officer. . .”). Som etimes the issue is made very clear in the opinion ., “This case presents the question. . .”, “The issue in this case is . . .”) but at other times it is not quite so “in your face.” Even when the issue is blatantly presented in th e opinion, you should still phrase it in your own words. There are several reas ons for this. First, court opinions often address several legal issues. In this class we are concentrating on procedural issues so you need to identify the sp ecific issue related to the procedure followed by the police (in most of your c ases). Second, court opinions are often long, wordy, and filled with terms unfa miliar to undergraduates. As a result, putting the issue in your own words (use the Ferdico’s glossary to help understand some of the court’s legal terminol ogy) will help all of us understand it better.Decision or HoldingHow has this court resolved the issue What was the outcome What action did the court take Like the legal issue, the court’s decision or holding is probably c learly st ated in the opinion ., “We hold . . .”).This should be a brief summary of the court’s decision (see Ferdico’s example s in the various “Key Holdings” at the end of Chapters 3-14) and will, of cou rse, resemble aspects of the legal issue statement. In this sense, the holding tells the answer to the question phrased as the legal issue. One could even cla im the decision is a one-word or simple-sentence response to the legal question. For example, Ferdico (p. ix) uses this quote from Chief Justice Rehnquist:Obviously, your case brief needs to provide more information than “it did.” A s Ferdico explains, you will probably find a more complete statement of the cou rt’s “holding further along in the opinion or at the end, after discussing it s reasoning” (p. ix).ReasoningWhy did the court reach the decision it did What arguments justify the holding Because judges often write many pages when justifying and explaining their deci sions, this can be a difficult section for student’s to write. The doctrine of stare decisis requires judges to align their decision with legal principles est ablished in previously decided cases. As a result, court opinions take consider able space to show how the current decision is consistent with the established principles. Your job is to state, as succinctly as possible, the rationale prov ided by the court’s majority in support of their decision.DispositionSo, what happened as a result of the court’s decision You will find a specific disposition somewhere in the opinion. Ferdico (p. x) highlights the three most common dispositions:Affirmed —The appellate court agree wit h the opinion of the lower court from which the appeal came.Reversed —The appellate court disagrees with the opinion of the lower court from which the appeal came and sets aside or invalidates that opinion. Reversals are often accompanied by a remand.Remanded —The case is sent back to the cour t from which it came for further action consistent with the appellate court opi nion. Remand often accompanies a reversal.How to Brief a Case"by John M. Scheb IIfor Political Science 430, 431 (“. Constitutional Law”)Most instructors of constitutional law require students to prepare "briefs" of a number of assigned cases. Even in the absence of such a requirement, students may find that briefing a case helps one "digest" its contents. Preparing bri efs is also an excellent means of studying for an examination that covers court cases. Below is an example of a case brief prepared in the style that we rec ommend to students. Students will note that the "brief" below is exactly that: a very brief summary of the case. It highlights the basic issue, the essential facts, the decision of the Court, and the arguments set forth in the majority and dissenting opinions. We also encourage students to include a brief commen t on the significance of the case.Sample Case BriefPlessy v. Ferguson (1896)Issue: Is a state law requiring "equal but separate" facilities for whites an d blacks a violation of the Thirteenth and/or Fourteenth Amendment。
如何写case
case brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住case的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的case brief 就非常重要了。
那怎如何写呢？总结起来差不多有这样几种：一、FPIHRC写法（如下所述）Title . Roe v. Wade)Citation . 410 . 113 (1973))Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.Procedure: Most of the cases that you'll read in law school will be appellate c ourt decisions. In this section, you want to list what happened in the lower co urt(s). Do not go into too much detail. One or two sentences are sufficient for this section.Issue(s): What is/are the question(s) facing the court? Form the issue question s in a way that they can be answered by yes or no.Holding: How did the court answer the issue question(s)? YES/NO?Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actual ly be quite detailed in this section. List what the law was before this case wa s decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.Concurring/dissenting opinions: Even though I read the concurring and dissentin g opinions, I rarely brief them. However, there are some cases . Youngstown She et & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up bec oming more important than the majority's opinions. In such cases, you should ad d this section to your case brief.二、FIHRQ写法（注意：下面第一条的citation是每个case brief都必须要有的，另外还应当包含the case's title）I. CITATIONFrom what specific source is the case taken?For example, was the case reported in the . Supreme Court Reports?II. THE FACTSA. Material· What materially happened?· Was there, for example, a collision on the high seas? A dispute over ter ritory?B. Legal· From what legal circumstances did the case originate?· Did two states agree, for example, to submit their dispute to an arbitra l tribunal? Was an opinion sought from theIII. LEGAL ISSUESA. Specific· What specific legal questions does this case raise?· For example, does the proximity of Ruritania to Zombie Island give Rurit ania a legal basis for making a territorial claim for Zombie Island?B. General· What more general legal questions does this case raise?· For example, is "proximity" a legitimate basis under international law f or making a territorial claim for an island?IV. THE HOLDING· What decision was made? That is, in support of which side did the court hold?· For example, in Missouri v. Holland, did the court decide in favor of "M issouri" or "Holland?"V. LEGAL RATIONALE· What legal reasoning informed the court's decision?· What rules of law, for example, did it apply?· How did it interpret legal principles, documents?· How did it construe the facts?VI. QUESTIONS· What existing legal questions, if any, are unresolved by this case?· What new questions, if any, does it raise?三、FIHR写法四、FIRAC写法Writing a Case Brief Case briefs are documents prepared by students as a study aid when trying to capture the essence and importance of appellate court decisi ons. A case brief summarizes a court decision by outlining, at a minimum, the f acts of the case, the legal issues raised, and the rationale for the court’s d ecision.There are many ways to organize a case brief and each structure may include and exclude items different than those requested here. The references listed at th e end of this handout show the variation in how a case might be briefed, but th ey also provide additional information to help you complete a brief. So, in add ition to the items and explanations below, you should consult the references fo r additional clarity. For purposes of the assignment, follow the structure prov ided here in preparing your case brief.Case Name and RolesAs you learned in the citing cases assignment, the case name will typically sho w two parties. In a criminal case the first party is invariably the government (probably state or federal) and the second party is the defendant. However, a c ase before an appellate court (which are the cases you will brief) may result i n a switch when a defendant (now the appellant or petitioner) seeks action agai nst the state (now the appellee or respondent). See Ferdico (p. viii) for a rev iew of determining who’s who in a case name. So, in addition to providing the proper case citation, this section of the brief will also specify the role of e ach party.Procedural BackgroundAppellate cases have, by definition, already had a trial stage. In fact, depend ing on what appeal level the case now being briefed is at, it may already have been to several appellate courts. The case brief should identify the courts tha t have dealt with the case and indicate the decisions those courts have made. (See Ferdico’s example (bottom of p. viii and top of p. ix) using Bond v. Unit ed States.) The sections of the court opinion that help identify the procedural background will also provide information for the “roles” section above. As a warning—based on briefs provided in other classes—some students confuse the c ourt opinion for the case now being briefed with opinions from earlier courts. This is another good reason to include the procedural background as part of a c ase brief since it helps you clarify how your case got to the . Supreme Court (the court for all briefs in this assignment). Remember, the brief you are writ ing summarizes the facts, issues, holding, and rationale in the . Supreme Court opinion for the case name you have identified at the start of the brief. Don’tconfuse those items (especially the court’s holding, rationale, and dispositi on) with ones relevant to court opinions on this case at earlier stages.FactsIn one or two paragraphs, provide a concise summary of the incident that brough t the case before the court. This will include a description of the crime and t he circumstances causing the earlier court’s decision to be appealed. This is actually one of the more difficult parts of the brief since requires you to cle arly identify and concisely state ONLY that information needed to understand th e case. The decision itself usually includes a lot more information than is nee ded for the brief.The issues being addressed in the case (see the following section) will help yo u determine what facts are especially important for your brief. In fact, some a uthors suggest you write the issues section first to help you more clearly iden tify the facts.Ferdico (bottom of column A and top of column B on p. ix) suggests the type of questions that should be answered in this section. As he notes, the behavior of the police during their investigation, confrontation, apprehension, detention, etc. of the defendant will probably constitute important facts in most of the cases you are briefing. It is important for you to remember, however, that beha vior by magistrates, prosecutors, defense attorneys, trial judges, wardens, etc.can also be claimed to have violated right of the defendant (appellant/petitio ner).Legal IssuePhrase, in your own words, the legal question the court has tried to answer in this case. State the issue as a question ., “Can a police officer. . .?”). So metimes th e issue is made very clear in the opinion ., “This case presents the question. . .”, “The issue in this case is . . .”) but at other times it is not quite so “in your face.” Even when the issue is blatantly presented in th e opinion, you should still phrase it in your own words. There are several reas ons for this. First, court opinions often address several legal issues. In this class we are concentrating on procedural issues so you need to identify the sp ecific issue related to the procedure followed by the police (in most of your c ases). Second, court opinions are often long, wordy, and filled with terms unfa miliar to undergraduates. As a result, putting the issue in your own words (use the Ferdico’s glossary to help understand some of the court’s legal ter minol ogy) will help all of us understand it better.Decision or HoldingHow has this court resolved the issue? What was the outcome? What action did th e court take? Like the legal issue, the court’s decision or holding is probabl y clearly stated in the opinion ., “We hold . . .”).This should be a brief summary of the court’s decision (see Ferdico’s example s in the various “Key Holdings” at the end of Chapters 3-14) and will, of cou rse, resemble aspects of the legal issue statement. In this sense, the holding tells the answer to the question phrased as the legal issue. One could even cla im the decision is a one-word or simple-sentence response to the legal question. For example, Ferdico (p. ix) uses this quote from Chief Justice Rehnquist:Obvi ously, your case brief needs to provide more information than “it did.” A s Ferdico explains, you will probably find a more complete statement of the cou rt’s “holding further along in the opinion or at the end, after discussing it s reasoning” (p. ix).ReasoningWhy did the court reach the decision it did? What arguments justify the holding? Because judges often write many pages when justifying and explaining their dec isions, this can be a difficult section for student’s to write. The doctrine o f stare decisis requires judges to align their decision with legal principles e stablished in previously decided cases. As a result, court opinions take consid erable space to show how the current decision is consistent with the establishe d principles. Your job is to state, as succinctly as possible, the rationale pr ovided by the court’s majority in support of their decision.DispositionSo, what happened as a result of the court’s decision? You will find a specifi c disposition somewhere in the opinion. Ferdico (p. x) highlights the three mos t common dispositions:Affirmed —The appellate court agree wit h the opinion of the lower court from which the appeal came.Reversed —The appellate court disagrees with the opinion of the lower court from which the appeal came and sets aside or invalidates that opinion. Reversals are often accompanied by a remand.Remanded —The case is sent back to the cour t from which it came for further action consistent with the appellate court opi nion. Remand often accompanies a reversal.How to Brief a Case"by John M. Scheb IIfor Political Science 430, 431 (“. Constitutional Law”)Most instructors of constitutional law require students to prepare "briefs" of a number of assigned cases. Even in the absence of such a requirement, students may find that briefing a case helps one "digest" its contents. Preparing bri efs is also an excellent means of studying for an examination that covers court cases. Below is an example of a case brief prepared in the style that we rec ommend to students. Students will note that the "brief" below is exactly that: a very brief summary of the case. It highlights the basic issue, the essential facts, the decision of the Court, and the arguments set forth in the majority and dissenting opinions. We also encourage students to include a brief commen t on the significance of the case.Sample Case BriefPlessy v. Ferguson (1896)Issue: Is a state law requiring "equal but separate" facilities for whites an d blacks a violation of the Thirteenth and/or Fourteenth Amendment?。
法律英语词汇大全
法律英语词汇大全Aabsolute proof 绝对证明absolute property 绝对财产（权）abstract of title 产权书摘要acceleration clause 提前(偿还）条款acceptance 承诺accident report 事故报告accident insurance 意外保险accusation 指控；控告accusatorial procedure 控告程序accusatorial process of proof 控告证明过程（程序)accusatorial system 控告或诉讼程序accused 被指控者accuser 控告人acknowledgement 认知(书）acquittal 无罪判决act 条例;作为Act for the prevention of Frauds and Perjuries 《预防诈欺和伪证条例》action 诉讼；作为actual losses 实际损失adjudication 裁决;裁定administrative law 行政法administrative law judge 行政法法官administrative procedure 行政程序administrator 管理人；监管人admissible 可采的admissibility 可采性admit 采用；允许adoption 收养adulterous conduct 通奸行为ad valorem property tax 从价财产税adversarial hearing 对抗式听证会adversarial process 对抗式程序adversary 对手adversary trial system 对抗式（或抗辩）审判制度advocacy 出庭辩护；诉讼代理advocate 辩护人；诉讼代理人affidavit 正式书面陈述affirm 维持(原判)affirmation 保证书;证词affirmative 确保的agency （行政）机关agency action 机关（行政)机关agreed upon remedies 补救协议agreement 协议agreement—as-written 书面协议agreement —in—fact 事实协议alibi 阿里白（不在犯罪场的证明）alienation of affection 离间夫妻关系allegation 声称;指控allege 诉称；指控alleged offense 所控罪行alternate juror 替补陪审员amendment 修正案American Bar Association 美国律师协会American Law Institute 美国法学会analogy 类推Anglo—American Legal System英美法系anonymous accusation匿名控告appeal上诉appear出庭appellant上诉人appellate action上诉行为appellate court上诉法院appellee被上诉人appealer上诉人appropriate拨款appurtenant附属物arbiter仲裁人arbitrary武断的arbitration仲裁arraignment初审array陪审员名单arrest逮捕arrest warrant逮捕令（证）arrestee被捕人article条款，文章article of authority授权条款articles of confederation《联帮条例》articles of incorporation公司组织章程artificial person法人Asian American legal defense and education fund亚裔美国人法律辩护与教育基金会assault意图或威胁伤害assert主张,宣称asset资产assistant attorney助理法官associate judge副法官associate justice副大法官assumption违约合同,违约赔偿之诉assumption 假定attempt意图，企图attempted escape逃脱未遂attestation证词attorney代理人,律师attorney at law律师attorney general检察长authentication鉴定authority权力，法源，权威性依据automobile insurance机动车保险automobile tort机动车侵权行为autonomy自治(权）Bban禁令,禁止banishment流放bankruptcy 破产bankruptcy discharge破产债务解除bankruptcy judge破产法官bar律师职业bar association律师协会barrister出庭律师battery殴打bench trial法官审beneficiary受益人benefit收益，福得bigamy重婚罪bill of lading提单bill of right《人权法案》bind over具保,具结binder临时保险单binding有约束力binding contract有约束力的合同binding force约束力binding interpretation有约束力的解释black-letter law（普通接受之基本原则的）黑体字法black nation bar association全美黑人律师协会blue sky law蓝天法（关于股票买卖控制的法律）Board of Governors（ABA)（美国律师协会的)董事会body of law 法体bond 债券；保释金bond instrument 债券契据branding 鞭笞breach 违约；破坏bride 贿赂bribery 贿赂（罪)bright—line test 明显界限检验标准broker 中间人brokerage fee 佣金;中介费brother—sister corporation 兄弟公司；姊妹公司Bulk Sales Act《大宗销售条例》burden 责任burden of going forward with the evidence 先行举证责任burden of persuasion 说服责任；证明责任burden of producing evidence 举证责任burden of proof 证明责任burglary入室盗窃（罪）business corporation实业公司business law 实业法business organization 实业组织buy-out agreement（股权）承买协议buy—sell agreement（股权)买卖协议bylaws（内部)章程CCalifornia Penal Code《加州刑法典》capital account 资本帐户capital crime 可判死刑罪capital punishment 死刑capital surplus 资本盈余capitation tax 人头税career criminal 职业罪犯career judiciary 职业法官case briefing 案情摘要case—in—chief 主诉case law 判例法case method 案例教学法case report 判决报告case reports 判例汇编casualty insurance （意外伤害）保险catalog 商品目录（单）certificate 证书certificate of existence 实体存在证明（书）challenge 置疑;挑战challenge for cause有理回避chancery court 衡平法院charging instrument 控告文件checks and balances 制衡（原则）chief judge 首席法官chief justice 首席大法官child abuse 虐待儿童circuit court 巡回法院circuit judge 巡回法官circumstantial evidence 旁证；情况证据citation 引证cite 援引；传讯civil court 民事法civil forfeiture 民事罚没civil law 民法Civil Law Legal System 民法体系civil liability 民事责任civil Liberty 民事自由civil Litigation民事诉讼civil procedure 民事诉讼程序civil suit民事诉讼Civil trial 民事审判Civil right 民权Civil right law 民权法Civil War Income Tax Act 《内战所得税条例》Claim 诉讼请求，索赔Classification of law 法律分类Close corporation内部持股公司Closely held corporation 内部持股公司Closing 终结,成交，结帐Closing argument 最后论述Closing statement成交声明Code 法典Code of Judicial Conduct 《法官行为准则》Codify 编成法典Co—felon 共同重罪犯Cohabitation 同居Collateral contract 附属合同Collegiate bench 合议席Collegiate panel 合议庭Commercial clause 商务条款，贸易条款Commercial law 商法Commercial paper 商务文件Commission佣金Commit 交托，犯(罪）Commitment 犯罪，许诺，委托Commitment of financing 融资许诺Common law 普通法Common law damages 普通法赔偿金Common law legal system（family) 普通法法系Common law marriage 普通法婚姻Common property 共同财产Common stock 普通股票Community property 共同财产Comparative law 比较法Comparative negligence 比较过失Compensation 赔偿（金)Compensatory damage 应予赔偿之损害Competence 管辖权限Competency 有效性Complaint 控告，申诉Comprehensive Drug Abuse Prevention and Control Act 《滥用毒品的综合预防与控制条例》Compulsory license 强制性许可Concur附条件地同意Concurring opinion 并存（判决）意见Confer 授与Conference 协商会议Confidential information 保密信息Confiscation 没收Conflict law 冲突法Congress 国会Consent 同意,认可Consideration 对价，约因Constitution 宪法Constitutional Convention 制宪会议Constitutional law 宪法Constitutional tort 宪法性侵权Constitutionality 合宪性Construction (法律的）结构，解释Construe 解释，分析Consultation 磋商Consumer protection statute 消费者保护法律Consumption tax 消费税Continental Law Legal System(or Family）大陆法系Contingent fee 胜诉酬金Continuance 诉讼延期Contract 合同Contract dispute 合同纠纷Contract formation 合同构成Contract interpretation 合同解释Contract law 合同法Contract performance 合同履行contractor 承包商contravence 触犯;违犯contributory negligence 共同过失controlling law 应适应之法律conversion 非法占有convey 转让conveyance 转让convertible bond 可转换债券conviction 有罪判决convincing evidence 使人信服的证据copyright 版权；著作权corporal punishment肉体刑corporate camsel 公司法律顾问corporate excise tax 公司执照税corporate law 公司法corporation 公司corporation aggregate 合有公司corporation code 公司法典corporation law 公司法corporation sole 独有公司corpus 尸体；本金Council on legal Education Opportunities 法律教育机会委员会counselor （法律）顾问;律师counselor—at-law 律师court 法院;法官court decision 法院判决court fee 诉讼费court of appeals 上诉法院court of chancery 衡平法法院court of claims 索赔法院court of customs and Patent Appeals 关税及专利上诉法院court of domestic relations 家庭关系法院court opinion 法院判决意见courtroom 法庭coverage 保险范围crime 犯罪crime code 刑法典crime homicide 有罪杀人crime justice system 刑事司法系统crime law 刑法crime liability 刑事责任crime procedure 刑事诉讼程序cross—examination 交叉盘问;盘诘cruel and unusual punishment 残忍和非常的刑罚cumulative evidence 累计证据curative 临时监护的curriculum guide 课程指南custody 监护custom duty 关税customary law 习惯法customary practice 惯例customs court 关税法院Ddamage 损害;损伤damage claim 损害赔偿请求damages 损害赔偿金deadlocked jury 僵局陪审团death penalty 死刑death tax 遗产税debenture 债单(券)debt securities 债权证券decide a case 判案deed 契约deed book 文契汇编defamation 诽谤default 不履行；违约defendant 被告人defence 辩护defence attorney 辩护律师defense's case—in—chief 辩护方主讼deficiency judgment 不足额判决degrees of murder （恶意)杀人罪的等级delegation 授权delegated legislation 授权立法deliberate intention 故意deliberation (陪审团)评议demonstrative evidence 示意证据deprivation 剥夺derogatory treatment of the work 对作品的贬毁性处理（或使用）designs 设计detract 毁损；贬低developer (土地)开发商dicta 判决附带意见dignity 尊严direct evidence 直接证据direct examination 直接盘问direct tax 直接税disability insurance 残疾保险disabled dependent child 无谋生能力的残疾儿童discharge 解雇；释放discount 贴现；折扣discovery 要求告知discrete risk transfer product 离散性风险转移(保险)产品discretion 自由裁量权discriminatory 歧视性税收dispense 执行；施行dispute 争议；纠纷disposition 处置(权）dissent 异议;反对dissenting opinion 异议;反对意见dissolution 解散distort 歪曲；误解district attorney 地区检查官database right 数据权dividend 股息division of title 产权分割divorce 离婚docket 备审案件目录doctrine 法则；原则doctrine of constitutional supremacy 宪法至上原则doctrine of Maranda Warnings 米兰达忠告原则document 文件;文书document of title 产权证书domant Commerce Clause 休眠的”贸易条款”domicile 住所地double jeopardy 一罪二审draft 起草;草拟draftman 起草者drug trade 毒品交易drug trafficking 毒品交易dry run 干转;排练due diligence 适当努力due process 正当程序Due Process Clause 正当程序条款due process test 正当程序检验标准duration 期限duress 强迫;胁迫duty 义务;关税duty of care 照看义务Eearnest money 定金easyment 地役权ecclesiastical court 宗教法庭economic law 经济法effective date 生效日期effective time 生效时间element of crime 犯罪要素(件)empower 授权enact 制定；颁布en banc 全体法官出庭审判encroachment 侵占encumbered property 抵押财产enforce 实施;执行enforceable 可强制执行的enforceability 可执行性enforcement of Law 执法English—American Legal System (or Family）英吉利法系enjoin(衡平）强制令entail 限定继承entity 实体environmental impact statement 环境影响报告environmental Law 环境保护法Environmental protection Agency（EPA）环境保护局environmental quality 环境质量equal protection clause 平等保护条款equitable relief 衡平救济equity 衡平法equity Law 衡平法equity precedent 衡平法判例equity securities 产权证券；衡平证券error 过错escape 逃走;逃脱escrow 第三者保存合同essential justice 实质公正estate财产；遗产estate tax 遗产税ＥＵDirective 欧盟指令evaluate 评价evict 逐出（租户）evidence 证据evidentiary presumption 证据推定evidentiary rule 证据规则ex aequo at bono 公平且善良examine 检查;盘问examination 检查；盘问exception 例外exception clause 例外条款excise tax 执照税exclude 排除exclusive listing 读家上市exclusive right 排他性权利exclusive tax situs 唯一征税地点excusable homicide 可宽恕之杀人execute 执行；签属execution 执行executive acts 行政条例executive branch 行政部门executive order 行政命令executor (遗嘱）执行人executor of estate 遗产执行人exemption 免除；豁免exhibit 展示物（证）exigent circumstance 紧急情况existing securities 上市证券exparte 单方面的expectation damages 预期赔偿金expert 专家（证人）expert testimony 专家证言expert witness 专家证人express contract 明示合同express statutory provision 法律明文规定express warranty 明示保证（保修)ex rel 依据告发face amount 面颊face value 面植facilitate 促使：利于fact 事实fact in issue 争议事实factor 因素;代理商Factors Lien Act 《代理商留置权条例》Fair trial 公平审判false imprisonment 非法拘禁family law 家庭法fault 过错fault principle 过错原则feasibility study 可行性研究Federal Administrative Procedure Act 《联邦行政程序》Federal Antitrust Law 《联邦犯托拉斯法》federal convention 联邦制宪会议federal crime of murder 联邦杀人罪Federal Housing Act 《联邦住房条例》Federal Income Tax Act 《联邦所得税条例》federal judge 联邦法官Federal rules of civil procedure 《联邦民事诉讼规则》Federal rules of criminal procedure 《联邦刑事诉讼规则》Federal rules of evidence 《联邦证据规则》Federal securities act 《联邦证券条例》federal supremacy 联邦至上（原则)Federal tort claims act 《联邦侵权索赔条例》felon 重罪犯felony 重罪felony—murder 重罪杀人fiduciary 受托人file 档案；注册file a petition 呈交诉状；提出请求fine 罚金fingerprint 手印fire insurance 火灾保险fire protection 消防first degree murder 一级谋杀first instance 一审fixture （不动产)附属物flogging 烙印force of law 法律效力forcible felony 暴力性重罪foreign exchange risk 外汇风险forfeiture 没收；罚没form contract 格式合同form of evidence 证据的形式formal adjudication 正式裁决formal rulemaking 正式规则制定formation 构成；鉴定franchise tax 特许经营税fraud 诈欺free enterprise system 自由企业制度free movement of goods 自由物流，货物的自由流通freedom of choice 选择自由frustrate 使受挫折fundamental law 基本法fundamental right 基本权利Ggeneral acceptance standard （科学证据的)公认标准general partnership 一般合伙general property 一般财产(权）general provisions 总则gerontocratic 老人统治的gift tax 赠予税government tort 政府侵权（行为)grant of power 授权gross negligence 严重过失group insurance 团体保险guarantee 担保guardian 监护人guardianship 监护权guidelines for sentencing 量刑指南guilt 有罪guilty 有罪的guilty 有罪答辩Hhabitual offender 惯犯hail insurance 冰雹保险handcuff 手铐handwriting 笔迹health insurance 健康保险health regulation 卫生法规hearing 听证（会）hearing of jury 陪审团听审hearsay 传闻证据heir 继承人hierarchy 等级制度high crime 重罪hold 认定；裁定holding 认定；裁定holding device 拥有手段（形式）homicide 杀人（罪）homosexuality 同性恋house counsel （公司)专职法律顾问husband-wife relationship 夫妻关系husband—wife tort 夫妻侵权（行为）IId. 同上identification 认定;确认身份;身份证ignore 忽视；驳回illegal 非法的；违法的immaterial 无实质性的immigration law 移民法immovable property 不动产immunity 豁免(权）impair 损害；削弱impeachment 弹劾;质疑implementation 实施;执行implied contract 默认合同implied warranty 默认保证(保修）imprisonment 监禁imputable 可归罪于……的imputation 归罪in re 关于；案由in recess 休庭in rem 对物的（诉讼）in session 开庭inadmissible evidence 不可采证据incarceration 禁闭;监禁incest 乱伦income tax 所得税Income Tax Act 《所得税条例》income tax on corporations 公司所得税income tax on individuals 个人所得税incompetence 无行为能力；无法律资格incompetent 无行为能力的；无法律资格的incorporation 法人;公司；组成公司incorporator 公司创办人independent regulatory agency 独立规制机构indicative list 指导性名单indictment 起诉书indirect evidence 间接证据indirect tax 间接税individual choice 个人选择（权）individual freedom 个人自由individual omni competence 个人全权individual proprietorship 个体业主individual right 个人权利ineffective 失效的inequality 不平等infamous 罪恶的；丑恶的inference 推理；推论infliction 处罚informal adjudication 非正式裁决informal rulemaking 非正式规则制定information 信息；控告书infomer 耳目；情报员initial ruling 初步裁定injunction 禁令;强制令injunctive relief 强制救济injure 伤害injustice 不公正innocence 无罪innocent 无罪的;无罪者innocent owner defense 无过错所有人辩护inquiry 调查inquisitiorial system 纠问式诉讼制度insane 精神失常insanity defense 精神失常辩护inspection 检查；审查installment land vendor 分期付款的土地出售人installment plan agreement 分期付款购物协议instruction 指示instrument 文件insurable interest 可保利益insurable loss 可保损失insurance agent 保险代理商insurance binder 临时保单insurance broker 保险中间人insurance card 保险卡insurance coverage 保险范围insurance law 保险法insurance policy 保险单;险种insurance premium 保险费insurance proceeds 保险收益insurance product 保险项目insured 被保险人insurer 保险人intangible 无形的intangible damage 无形损害intangible property 无形财产intangible personal property 无形的人身财产(权）inter alia 除了别的以外interfere 干涉;侵犯interlocutory injunction 临时强制令;(诉讼)中间的强制令intermediate appellate court 中级上诉法院intermetional business 调解interrogation 国际商务intentional 故意的intentional tort 故意侵权行为interest 利息;权益；利益interest rate risk 利率风险interview 询问invalid 无效的；不合法的invalidate 使无效invasion of privacy 侵犯隐私权investigation 侦查;调查investment 投资investment portfolio risk 投资风险组合investment securities 投资证券irrelevancy 无相关性irrelevant 不相关的irrelevant evidence 无相关性证据irrevocable 不可撤销的irrevocable life insurance trust 不可撤销的人寿保险信托itinerant judge 巡回法官Jjoint tenancy 共同租借（权）joint venture 合资企业joint venture corporation合资公司joint venture with Chinese and foreign investment中外合资企业judge法官judge-made law法官立法judge's chamber法官室judge’s charge to jury法官对陪审团的指令judge’s instruction to jury法官对陪审团的指示judgment判决，裁定judicial branch司法部门judicial clerkship法院书记员职位judicial decision 法官职位judicial district司法区judicial interpretation司法解释judicial notice司法任职judicial opinion法官判决意见judicial review司法审查judicial scrutiny司法检查judicial subjectivity审判主观性judicial system法院系统judiciary法官jurisdiction司法管辖区jurisprudence法理学juror陪审员jury陪审团jury charge法官对陪审团的指令jury pool待选陪审员库jury selection挑选陪审员jury trial陪审团制justice公正,大法官justice of the peace治安法官justifiable homicide正当杀人juvenile court未成年人法庭juvenile delinquency未成年人违法行为ＫKey man assurance关键人保险Key person insurance关键人保险Kickbacks回扣Kill杀人Killer杀人者Know—how技术秘密，商业秘密Ｌland use law土地使用法last clear chance doctrine最后明显机会法则law 法，法律law firm律师事务所law merchant商业习惯法law of evidence证据法law reform法律改革lawsuit诉讼,官司lawyer律师lawyer in government政府律师；官方律师lawyer in private practice私人开业律师lawyerette律师娘lawman外行人lay witness普通证人；非专家证人lease租赁lease agreement租赁协议legacy遗产legacy tax遗产税legal合法的legal advice法律咨询legal commentary法律评论legal education法律教育legal effect法律教育legal enforcement法律效力legal English法律英语legal family法系legal history 法律史legal instrument 法律文件legal mechanism法律机制legal memorandum 法律备忘录legal methodology 法律方法论legal order 法律秩序legal problem 法律问题legal profession 法律职业legal protection 法律保护legal relationship 法律关系legal representative 法律代表legal safeguard 法律保障（措施) legal system 法律体系;法律制度legal theorist 法学理论家legal writing 法律文书写作legalese 法律涩语legality 法制legislation 立法legislative branch 立法部门legislative history 立法史legislature 立法机关legitimate 合法的levy 征收（税）liability 责任；债务liability insurance 责任保险liberty 自由license plate (车)执照牌license tax 执照税lien 留置(权）life estate 终生财（遗）产life insurance 人寿保险limited partnership 有限合伙liquidated damages 预定违约金liquidity risk 流动资金风险literary property 著作产权litigant 诉讼当事人litigation 诉讼;打官司livestock insurance 家畜保险loan 贷款lord chancellor （英国)大法官loss of rights 丧失权利MMagistrate 司法官Magna Charta of great Britain 《英国大宪章》mail order 邮购majority opinion 多数（法官）的意见malicious prosecution 恶意起诉malfeasance 渎职(罪)malpractice 渎职行为mandate 命令；授权mandatory insurance law 强制保险法manslaughter 非恶意杀人marine insurance 海上保险marital status 婚姻状况marital status classification 婚姻状况的分类maritime tort 海上侵权行为market economy 市场经济marriage 婚姻marriage ceremony 婚礼marriage certificate 结婚证书marriage law 婚姻法marriage relationship 婚姻关系marriage termination rule (残疾人领取社会保险补助的)婚姻终止规则material 实质性的materiality 实质性maxims of equity law 衡平法准则Mayflower Compact “五月花号”公约medical malpractice 医生不当行为mental capacity 心智能力mental condition 精神状态mentor 辅导教师minor issue 枝节问题；未成年人问题Miranda Warning 米兰达忠（警）告misapply 错误适用misdemeanor 轻罪mislaid property 错置财产misrepresentation 虚假陈述mistrial 无效审判mock trial 模拟审判Model Business Corporation Act 《标准实业公司条例》Model Penal Code 《标准刑法典》Model State Administrative Procedure Act 《标准洲行政程序条例》modern commerce Power test 现代商务（贸易）权力检验标准modern delegation of power doctrine 现代授权法则monopolization 垄断monopoly right 专有权moot court 模拟法庭mortgage 抵押(品)motion 动议，请求movable property 动产multiple listing 多重上市；多重登记Multistate Bar Exam 多洲律师资格考试murder 恶意杀人；凶杀murderer 杀人犯mutilation 断肢NNational Association for the Advancement of Colored People 全国有色人种促进会National Conference of Black Lawyers 全国黑人律师大会National Conference of Commissioners on Uniform state Laws 统一各洲法律全国代表大会National Environmental Policy Act 《全国环境政策条例》National Institute of Minority Lawyers 全国少数民族律师学会National Law Journal 《国家法律学报》narcotics distribution 麻醉品供销narcotics trafficking 麻醉品交易narcotics violation 麻醉品违法行为natural justice 自然公正negative form of protection 否定（或消极）形式的保护negligence 过失negligent homicide 过失杀人negligent tort 过失侵权行为negotiable instrument 票据negotiation 谈判；协商New Deal （罗斯福)“新政"no contest 无争辩no par share 无面值股票non—profit corporation 非营利公司norm 规范;标准not guilty plea 无罪答辩notice 通知notice of transfer 过户通知notification 通知;通报notion 概念nullification process 无效程序O object 反对objection 反对;异议obligation 义务occupancy agreement 占用协议offender 犯罪人offense 罪行offer 要约；发盘offer of Proof 提供证明Old Boy Network 老哥们关系网Omission不做为:不履行义务Omni competence有全部权利Opening statement开场陈述Opening testimony意见证言Oral contract口头合同Order命令；次序Pperforms’ rights 表演权peril 危险perjure作伪证perjury伪证罪perpetrate犯罪perpetator犯罪人ordinance法令personal property动产outstanding balance未付款额personal right人身权利outstanding share已发行股票personal tort人身侵权overrule推翻；驳回persuasive authority劝导性发源ownership所有权petition申请ownership interest所有权力petty misdemeanor微罪physical exhibit展示物品physical injury身体伤害panel团或组plaintiff原告人par value面值plea答辩paramour奸夫plea of guilty有罪答辩parent child relation父子女关系plea of contest无争辩答辩parent corporation母公司plea of guilty无罪答辩parent unfitness父母不胜任police警察parole假释police magistrate警务法官partnership合伙police magistrate court警察法院passage of title产权转移police power警察权利passive investor消极投资人policy政策patent专利policy holder投保人paternity父亲身份poll tax人头税penal code刑法典portfolio of risk风险组合penalty刑罚possession占有权pending待决postponement延迟penitentiary监狱practice law从事律师工作penitentiary sentence监禁刑practicing lawyer开业律师penology刑法学practice of law律师事物per curiam依法院所定precedent判例peremptory challenge强制回避precedential support判例支持perform履行predeprivation hearing执行剥夺前的听证performance履行predictability可预见性performance bond履行保证金preept 优先于Preferential claim 优先索赔权Preferred stock 优先股票Prejudice 偏见Preliminary exanimation 预审Preliminary hearing 预审听证会Preliminary injunction预先执行令Preliminary negotiation预谈判；初步协商Premises房屋；上述房屋Premium保险费；红利；溢价prenticed seizure 通知前扣押preponderance of proof 优势证明preponderant evidence 优势证据prescription 时效；规定presentation 陈述persistence investigation 量刑前调查presidential Assassination Statute 《暗杀总统法》presumption innocence 无罪推定pretrial motion 审前动议prevailing doctrine 优势法则；流行学说prevail 优先（适用）prima facie 表面的；初步的prima facie evidence 有表面证据之案prima facie evidence 表面证据primary authority 主要法源principle of legality 法制原则privacy 隐私权private corporation 私有公司private law 私法private property 私有财产private prosecution 私诉privilege 特权；特许权；特免权privileges and immunities clause 特权与豁免条款prose 自己；亲自probable cause 可能理由；合理原因probate court 遗嘱检验法院probation 缓刑probation officer 缓刑官probative value 证明价值probativeness 证明性procedural history 程序史procedural regime 诉讼制度procedural safeguard 程序保障procedure 程序proceedings 诉讼；程序product liability 产品责任profit 利润profit corporation 营利公司progeny 后代prohibition 禁止promise 许诺promulgation 颁布proof 证明proof beyond a reasonable doubt 超出合理怀疑的证明property 财产property law 财产法property right 财产权利property tax 财产税property tort 财产侵权行为proponent 支持者;提议者proprietor 个体业主proprietorship 个体企业proscription 禁止；剥夺公权prosecuting attorney 公诉律师;检察官prosecution 起诉prosecutor 检察官；起诉人prosecutor's case—in—chief 检方主诉prospective juror 将任陪审员prostitute 妓女protective tariff 保护性关税prove 证明Provision 规定，条款Provisions of Oxford 《牛津条例》Psychiatrist 精神病学家Public charge 受政府救济者、Public corporation 公有公司Public defender 公共辩护律师Public good 公益Public law 公法Public offense 公罪（侵犯公共利益的犯罪）Public property 公共财产Public prosecution 公诉Public prosecutor 公诉人，检察官Public utilities 公共事业Public held corporation 公众持股公司Punishable 可处罚的Punishment 刑罚Punitive sanction 惩罚性处分Purpose 目的,宗旨Pursuant to law 依法QQualified property 有限制财产Quantum meruit （无合同规定时）按合理价格支付,合理给付Quasi tort 准侵权行为Quote 引用，引证RRacial discrimination 种族歧视Racial segregation 种族隔离Rain insurance 雨水保险Rarnpant 猖獗的Rape 强奸Ratify 认可Rational relationship test 合理关系检验标准Real estate 不动产Real Estate Settlement Procedure Act 《不动产纠纷解决程序条例》Real evidence 实在证据Real property 不动产Reasonable basis 合理根据Reasoning 论证,推论Rebuttable presumption 可驳回推定Rebuttal evidence 反驳证据Recess 休庭Reciprocal exemption statutes 互免税法律Reckless conduct 疏忽大意行为Reckless homicide 疏忽大意杀人Recourse 追索权，求偿权Recovery 追索，补偿Redemption 赎回Redress 矫正，赔偿Registration sticker 注册贴签Regulation 法规，规章Rehearing 复审Reinstatement （权利)恢复Reinstatement fee 恢复费Release 释放Relevancy 相关性Relevant evidence 相关证据Relief 救济Remand 发回重审Remedy 补救Repeal 废止，撤消Repealer 废止议案Repeat offender 累犯Representation 代理Res ipsa loquitur 不言自明的Reservation of power 权利保留Reserve 储备金（保险）预备金Reserve portfolio of risk 预备金组合风险Resolution 决议，解决Rest 停止陈述Restatements of law 《法律注释汇编》Restitution 恢复原状Restitutionary relief 恢复原状的救济Restraint 约束；限制retain 连任retire 退休;退庭retroactive 有溯及力的retroactive effect 溯及力revenue 税收revised uniform limited partnership act 统一有限合伙修订条例revocable trust 可撤销的信托revocation 撤回right 权利right to privacy 隐私权rigid procedure 刚性程序risk 风险risk transfer 风险转移robbery 抢劫（罪）roman law 罗马法roman law legal system(or family)罗马法系roster 花名册；专门人员名单rule of evidence 证据规则rule of law 法治；法律规则rulemaking 规章制定；规则制定ruling 裁定ruling on evidence 关于证据的裁定SSafety responsibility law 安全责任法Sales tax 销售税Sanction 制裁；处分；罚则sanitary code 卫生条例search 搜查search warrant 搜查令second instance 二审secondary authon`ty 次要法源secondary benefit 次位补助金secondary financing 间接融资secondary party 间接当事人；次位当事人secret service （联邦)保密署secretary of state 州务部长secured debt 担保债务securities 证券Securities and Exchange Commission 证券交易委员会securities exchange act 《证券交易条例》securities law 证券法security 担保；保安；证券seductive 诱人堕落的seize 扣押seizure 扣押seizure warrant 扣押令（状)self-defense 自卫;正当防卫self—identification 自我认定self—incrimination 自我归罪seminar 研讨班；研讨会；研讨课程separate 分立;分局separate legal entity 独立法律实体separate property 分有财产separation of powers 三权分立settlement agreement 清偿协议settler 财产授予者share 股份；股票share holder 股东shell corporation 空壳公司shoplifting 商店偷拿行为short title 简称shyster 讼棍sickness insurance 疾病保险simulation 模拟(练习）slander 诽谤social security act 社会保险条例social security benefit 社会保险补助金social security tax 社会保险税solicitor 诉状律师source 渊源sovereign power 主权special court 特别法院；专门法院special property 特别财产specific performance 特别履行specimen 样本stamp tax 印花税standard of proof 证明标准standing 依据stare decisis 遵从前例state attorney 洲检察官state property 国家财产statd capital 设定资产statute 制定法；法律statute—like norm 准法律规范statute of frauds 诈欺条例；反诈欺法statutory authority 制定法法源statutory crime 制定法规定之犯罪；法定犯罪statutory law 制定法statutory measure 法定措施statutory offense 制定法规定之犯罪；法定犯罪statutory provision 法律规定stay 延缓（审判或执行）stock 股票stock exchange 股票交易stock retirement plan 退股计划stock transfer tax 股票过户税strategy 战略;策略strict liability tort 严格责任侵权strike insurance 罢工保险sub judice 在审判中;尚未判决subject 主体；标的subject matter 主题事项；标的subject property 标的财产subject to financing clause 融资条件条款subpoena 传唤（令）subsidiary corproration 子公司；附属公司subsistence allowance 生活津贴substantial evidence 实质（体）证据substantail law 实体法substantive due process 实体性正当程序substantive law 实体法sue 起诉；诉sufficient evidence 充足证据suit 诉讼summary judgment 即决判决supervisor 监察；监委support 供养；抚养supreme court 最高法院supreme law 最高法律（宪法）suspect 嫌疑人suspicion 嫌疑；怀疑sustain 维持；认可Ttangible 有形的tangible evidence 实物证据tangible property 有形财产tarriff 关税task force 专项研究组；专案组tax 税；税收tax assessment procedure 税额评定程序tax court 税收法院tax evasion 逃税tax law 税法taxation 税收；税务taxation law 税收法；税务法tenant 承租人term 条款；期限testamentary trust 遗嘱委托testator 立遗嘱人testify 作证testimonial evidence 言词证据testimony 证言the Dispute Settlement Body（DSB) 争端解决机构the European Intellectual Property Review 《欧洲知识产权评论》the Fleet Street Reports《舰队街判例汇编》title 产权书title insurance 产权保险title insurer 产权保险人title plant 产权书库tort 侵权(行为)tort claim 侵权索赔（请求）tort feasor 侵权行为人tort law 侵权法tortions 侵权行为的trade mark 商标traffic accidents 交通事故traffic ticket 交通违章（罚款）通知单tranquility 安宁transaction 交易transfer 转让，过户travel accident insurance 旅行意外保险treason 叛国罪treaty 条约。
常见法律术语中英文表达法
draft 法案,草案Government bill 政府议案to pass a bill, to carry a bill 通过议案to enact a law, to promulgate a law 发布法律ratification, confirmation 批准law enforcement 法律的实施to come into force 生效decree 法令clause 条款minutes 备忘录report 判例汇编codification 法律汇编legislation 立法legislator 立法者jurist 法学家jurisprudence 法学legitimation 合法化legality, lawfulness 法制,合法legal, lawful 合法的,依法的to contravene a law, to infringe a law, to break a law 违法outlaw, outside the law 超出法律范围的offender 罪犯to abolish 废止,取消rescission, annulment 废除,取消repeal, revocation, annulment 废除(法律)cancellation, annulment, invalidation 废除(合同) cancellation (支票)作废annulment 撤消(遗言)repeal rescission 撤消(裁决)revocation 撤消immunity 宽免,宽免权disability, legal incapacity 无资格nonretroactive character 不溯既往性prescription 剥夺公权attainder 公民权利的剥夺和财产的没收constitutional law 宪法canon law 教会法规common law 适应法criminal law 刑法administrative law 行政法civil law 民法commercial law, mercantile law 商法law of nations 万国公法,国际法international law 国际法natural law 自然法labour laws 劳工法fiscal law 财政法Civil Suit Law, Code of civil law 民事诉讼法Criminal Law 刑事诉讼法Military Law 军法Conscript Law 兵役法Copyright Law 高作权法penal code 刑法典code of mercantile law 商法典civil rights 民事权利,公民权利right of asylum 避难权human rights, rights of man 人权(customs) duties 关税death duty, death tax 遗产税royalties 版税法律英语辞汇2021-12-20 20:59:34| 分类：阅读8 评论0 字号：大中小定阅管辖：jurisdiction级别管辖：jurisdiction by level地域管辖：territorial jurisdiction移送管辖：referral jurisdiction指定管辖：designation jurisdiction审判组织: trial organization回避 withdrawal诉讼参加人 participants in court诉讼当事人 parties in court诉讼代理人 agents ad litem期间：time periods送达 service调解 conciliation财产保全 property preservation先予执行preliminary execution阻碍民事诉讼的强制方法：compulsory measures against impairment of civil actions 诉讼费：litigation costs第一审一般程序 ordinary procedure of first instance第二审程序 procedure of second instance起诉 bring a lawsuit受理 accept a case开庭审理 trial in court诉讼中止 suspension of a lawsuit诉讼终止 conclusion of a lawsuit裁决 judgment裁定 order简易程序 summary procedure专门程序 special procedure选民资格案件 cases concerning certificates of voters宣告失踪 proclamation of a person as missing宣告死亡 proclamation of a person as dead无民事行为能力 incompetent for civil conduct限制行为能力 limited capacity for civil conduct无主财产 property of ownerless执行申请 application for execution执行移转 referral of execution仲裁 arbitration司法协助 judicial assistanceAabsolute proof 绝对证明absolute property 绝对财产〔权〕abstract of title 产权书摘要acceleration clause 提早〔归还〕条款acceptance 许诺accident report 事故报告accident insurance 意外保险accusation 指控；控诉accusatorial procedure 控诉程序accusatorial process of proof 控诉证明进程〔程序〕accusatorial system 控诉或诉讼程序accused 被指控者accuser 控诉人acknowledgement 认知(书)acquittal 无罪裁决act 条例；作为Act for the prevention of Frauds and Perjuries ?预防诈欺和伪证条例?action 诉讼；作为actual losses 实际损失adjudication 裁决；裁定administrative law 行政法administrative law judge 行政法法官administrative procedure 行政程序administrator 治理人；监管人admissible 可采的admissibility 可采性admit 采纳；许诺adoption 收养adulterous conduct 通奸行为ad valorem property tax 从价财产税adversarial hearing 对抗式听证会adversarial process 对抗式程序adversary 对手adversary trial system 对抗式〔或抗辩〕审判制度advocacy 出庭辩护；诉讼代理advocate 辩护人；诉讼代理人affidavit 正式书面陈述affirm 维持〔原判〕affirmation 保证书；证词affirmative 确保的agency 〔行政〕机关agency action 机关〔行政〕机关agreed upon remedies 补救协议agreement 协议agreement-as-written 书面协议agreement -in-fact 事实协议alibi 阿里白〔不在犯法场的证明〕alienation of affection 离间夫妻关系allegation 宣称；指控allege 诉称；指控alleged offense 所控罪行alternate juror 替补陪审员amendment 修正案American Bar Association 美国律师协会American Law Institute 美国法学会analogy 类推Anglo-American Legal System 英美法系anonymous accusation 匿名控诉appeal 上诉appear 出庭appellant 上诉人appellate action 上诉行为appellate court 上诉法院appellee 被上诉人appealer 上诉人appropriate 拨款appurtenant 附属物arbiter 仲裁员arbitrary武断的arbitration仲裁arraignment初审array 陪审员名单arrest 批捕arrest warrant 批捕令〔证〕arrestee 被捕人article 条款，文章article of authority 授权条款articles of confederation ?联帮条例?articles of incorporation 公司组织章程artificial person 法人Asian American legal defense and education fund亚裔美国人法律辩护与教育基金会assault 用意或要挟损害assert 主张，宣称asset 资产assistant attorney 助理法官associate judge 副法官associate justice 副大法官assumption 违约合同，违约补偿之诉assumption 假定attempt 用意，企图attempted escape 逃脱未遂attestation 证词attorney 代理人，律师attorney at law 律师attorney general 检察长authentication 鉴定authority 权利，法源，权威性依据automobile insurance 机动车保险automobile tort 机动车侵权行为autonomy 自治〔权〕Bban 禁令，制止banishment 流放bankruptcy 破产bankruptcy discharge 破产债务解除bankruptcy judge 破产法官bar 律师职业bar association 律师协会barrister 出庭律师battery 殴打bench trial 法官审beneficiary 受益人benefit 收益，福得bigamy 重婚罪bill of lading 提单bill of right ?人权法案?bind over 具保，具结binder 临时保险单binding 有约束力binding contract 有约束力的合同binding force 约束力binding interpretation 有约束力的说明black-letter law 〔一般经受之全然原那么的〕黑体字法black nation bar association 全美黑人律师协会blue sky law 蓝天法〔关于股票生意操纵的法律〕Board of Governors〔ABA〕〔美国律师协会的〕董事会body of law 法体bond 债券；保释金bond instrument 债券契据branding 鞭笞breach 违约；破坏bride 行贿bribery 行贿〔罪〕bright-line test 明显界限查验标准broker 中间人brokerage fee 佣金；中介费brother-sister corporation 兄弟公司；姊妹公司Bulk Sales Act?大宗销售条例?burden 责任burden of going forward with the evidence 先行举证责任burden of persuasion 说服责任；证明责任burden of producing evidence 举证责任burden of proof 证明责任burglary入室盗窃〔罪〕business corporation实业公司business law 实业法business organization 实业组织buy-out agreement〔股权〕承买协议buy-sell agreement〔股权〕生意协议bylaws〔内部〕章程CCalifornia Penal Code?加州刑法典?capital account 资本帐户capital crime 可判死刑罪capital punishment 死刑capital surplus 资本盈余capitation tax 人头税career criminal 职业罪犯career judiciary 职业法官case briefing 案情摘要case-in-chief 主诉case law 判例法case method 案例教学法case report 裁决报告case reports 判例汇编casualty insurance 〔意外损害〕保险catalog 商品目录〔单〕certificate 证书certificate of existence 实体存在证明〔书〕challenge 置疑；挑战challenge for cause有理回避chancery court 衡平法院charging instrument 控诉文件checks and balances 制衡〔原那么〕chief judge 首席法官chief justice 首席大法官child abuse 虐待儿童circuit court 巡回法院circuit judge 巡回法官circumstantial evidence 旁证；情形证据citation 引证cite 援引；传讯civil court 民事法civil forfeiture 民事罚没civil law 民法Civil Law Legal System 民法体系civil liability 民事责任civil Liberty 民事自由civil Litigation民事诉讼civil procedure 民事诉讼程序civil suit民事诉讼Civil trial 民事审判法律英语辞汇〔2〕2021-12-20 21:02:17| 分类：阅读10 评论0 字号：大中小定阅Civil right 民权Civil right law 民权法Civil War Income Tax Act ?内战所得税条例?Claim 诉讼请求，索赔Classification of law 法律分类Close corporation内部持股公司Closely held corporation 内部持股公司Closing 终结，成交，结帐Closing argument 最后论述Closing statement成交声明Code 法典Code of Judicial Conduct ?法官行为准那么?Codify 编成法典Co-felon 一起重罪犯Cohabitation 同居Collateral contract 附属合同Collegiate bench 合议席Collegiate panel 合议庭Commercial clause 商务条款，贸易条款Commercial law 商法Commercial paper 商务文件Commission佣金Commit 交托，犯〔罪〕Commitment 犯法，许诺，委托Commitment of financing 融资许诺Common law 一般法Common law damages 一般法补偿金Common law legal system(family) 一般法法系Common law marriage 一般法婚姻Common property 一起财产Common stock 一般股票Community property 一起财产Comparative law 比拟法Comparative negligence 比拟过失Compensation 补偿〔金〕Compensatory damage 应予补偿之损害Competence 管辖权限Competency 有效性Complaint 控诉，申述Comprehensive Drug Abuse Prevention and Control Act ?滥用毒品的综合预防与操纵条例? Compulsory license 强制性许可Concur附条件地同意Concurring opinion 并存〔裁决〕意见Confer 授与Conference 协商会议Confidential information 保密信息Confiscation 没收Conflict law 冲突法Congress 国会Consent 同意，认可Consideration 对价，约因Constitution 宪法Constitutional Convention 制宪会议Constitutional law 宪法Constitutional tort 宪法性侵权Constitutionality 合宪性Construction 〔法律的〕构造，说明Construe 说明，分析Consultation 磋商Consumer protection statute 消费者爱惜法律Consumption tax 消费税Continental Law Legal System(or Family) 大陆法系Contingent fee 胜诉酬金Continuance 诉讼延期Contract 合同Contract dispute 合同纠纷Contract formation 合同组成Contract interpretation 合同说明Contract law 合同法Contract performance 合同履行contractor 承包商contravence 触犯;违犯contributory negligence 一起过失controlling law 应适应之法律conversion 非法占有convey 转让conveyance 转让convertible bond 可转换债券conviction 有罪裁决convincing evidence 令人信服的证据copyright 版权;高作权corporal punishment肉体刑corporate camsel 公司法律参谋corporate excise tax 公司执照税corporate law 公司法corporation 公司corporation aggregate 合有公司corporation code 公司法典corporation law 公司法corporation sole 独有公司corpus 尸身;本金Council on legal Education Opportunities 法律教育机会委员会counselor (法律)参谋;律师counselor-at-law 律师court 法院;法官court decision 法院裁决court fee 诉讼费court of appeals 上诉法院court of chancery 衡平法法院court of claims 索赔法院court of customs and Patent Appeals 关税及专利上诉法院court of domestic relations 家庭关系法院court opinion 法院裁决意见courtroom 法庭coverage 保险范围crime 犯法crime code 刑法典crime homicide 有罪杀人crime justice system 刑事司法系统crime law 刑法crime liability 刑事责任crime procedure 刑事诉讼程序cross-examination 穿插查问;盘诘cruel and unusual punishment 残忍和超级的刑罚cumulative evidence 累计证据curative 临时监护的curriculum guide 课程指南custody 监护custom duty 关税customary law 适应法customary practice 老例customs court 关税法院Ddamage 损害;损伤damage claim 损害补偿请求damages 损害补偿金deadlocked jury 僵局陪审团death penalty 死刑death tax 遗产税debenture 债单(券)debt securities 债权证券decide a case 判案deed 契约deed book 文契汇编defamation 诽谤default 不履行;违约defendant 被告人defence 辩护defence attorney 辩护律师defense's case-in-chief 辩护方主讼deficiency judgment 缺乏额裁决degrees of murder (歹意)杀人罪的品级delegation 授权delegated legislation 授权立法deliberate intention 故意deliberation (陪审团)评议demonstrative evidence 示意证据deprivation 剥夺derogatory treatment of the work 对作品的贬毁性处置(或利用) designs 设计detract 毁损;贬低developer (土地)开发商dicta 裁决附带意见dignity 尊严direct evidence 直接证据direct examination 直接查问direct tax 直接税disa bility insurance 残疾保险disabled dependent child 无谋生能力的残疾儿童discharge 辞退;释放discount 贴现;折扣discovery 要求告知discrete risk transfer product 离散性风险转移(保险)产品discretion 自由裁量权discriminatory 歧视性税收dispense 执行;实施dispute 争议;纠纷disposition 处置(权)dissent 异议;反对dissenting opinion 异议;反对意见dissolution 解散distort 歪曲;误解district attorney 地域检查官database right 数据权dividend 股息division of title 产权分割divorce 离婚docket 备审案件目录doctrine 法那么;原那么doctrine of constitutional supremacy 宪法至上原那么doctrine of Maranda Warnings 米兰达忠告原那么document 文件;文书document of title 产权证书domant Commerce Clause 休眠的"贸易条款"domicile 居处地double jeopardy 一罪二审draft 起草;起草draftman 起草者drug trade 毒品交易drug trafficking 毒品交易dry run 干转;排演due diligence 适当尽力due process 合法程序Due Process Clause 合法程序条款due process test 合法程序查验标准duration 期限duress 强迫;胁迫duty 义务;关税duty of care 照看义务法律英语辞汇〔3〕2021-12-20 21:03:22| 分类：阅读16 评论0 字号：大中小定阅earnest money 定金easyment 地役权ecclesiastical court 宗教法庭economic law 经济法effective date 生效日期effective time 生效时刻element of crime 犯法要素(件)empower 授权enact 制定;发布en banc 全部法官出庭审判encroachment 侵占encumbered property 抵押财产enforce 实施；执行enforceable 可强制执行的enforceability 可执行性enforcement of Law 执法English-American Legal System (or Family) 英吉利法系enjoin(衡平〕强制令entail 限定继承entity 实体environmental impact statement 环境阻碍报告environmental Law 环境爱惜法Environmental protection Agency(EPA) 环境爱惜局environmental quality 环境质量equal protection clause 平等爱惜条款equitable relief 衡平救济equity 衡平法equity Law 衡平法equity precedent 衡平法判例equity securities 产权证券；衡平证券error 过错escape 逃走；逃脱escrow 第三者保留合同essential justice 实质公正estate 财产；遗产estate tax 遗产税ＥＵDirective 欧盟指令evaluate 评判evict 逐出〔租户〕evidence 证据evidentiary presumption 证据推定evidentiary rule 证据规那么ex aequo at bono 公平且仁慈examine 检查；查问examination 检查；查问exception 例外exception clause 例外条款excise tax 执照税exclude 排除exclusive listing 读家上市exclusive right 排他性权利exclusive tax situs 唯一征税地址excusable homicide 可宽恕之杀人execute 执行；签属execution 执行executive acts 行政条例executive branch 行政部门executive order 行政命令executor (遗言〕执行人executor of estate 遗产执行人exemption 免去；宽免exhibit 展现物〔证〕exigent circumstance 紧急情形existing securities 上市证券exparte 单方面的expectation damages 预期补偿金expert 专家〔证人〕expert testimony 专家证言expert witness 专家证人express contract 明示合同express statutory provision 法律明文规定express warranty 明示保证〔保修〕ex rel 依据揭发face amount 脸颊face value 面植facilitate 促使：利于fact 事实fact in issue 争议事实factor 因素；代理商Factors Lien Act ?代理商留置权条例?Fair trial 公平审判false imprisonment 非法拘禁family law 家庭法fault 过错fault principle 过错原那么feasibility study 可行性研究Federal Administrative Procedure Act ?联邦行政程序? Federal Antitrust Law ?联邦犯托拉斯法?federal convention 联邦制宪会议federal crime of murder 联邦杀人罪Federal Housing Act ?联邦住房条例?Federal Income Tax Act ?联邦所得税条例?federal judge 联邦法官Federal rules of civil procedure ?联邦民事诉讼规那么?Federal rules of criminal procedure ?联邦刑事诉讼规那么? Federal rules of evidence ?联邦证据规那么?Federal securities act ?联邦证券条例?federal supremacy 联邦至上〔原那么〕Federal tort claims act ?联邦侵权索赔条例?felon 重罪犯felony 重罪felony-murder 重罪杀人fiduciary 受托人file 档案；注册file a petition 呈交诉状；提出请求fine 罚金fingerprint 手印fire insurance 火灾保险fire protection 消防first degree murder 一级谋杀first instance 一审fixture 〔不动产〕附属物flogging 烙印force of law 法律效劳forcible felony 暴力性重罪foreign exchange risk 外汇风险forfeiture 没收；罚没form contract 格式合同form of evidence 证据的形式formal adjudication 正式裁决formal rulemaking 正式规那么制定formation 组成；鉴定franchise tax 特许经营税fraud 诈欺free enterprise system 自由企业制度free movement of goods 自由物流，货物的自由流通freedom of choice 选择自由frustrate 使受挫折fundamental law 全然法fundamental right 全然权利法律英语辞汇〔4〕2021-12-20 21:04:29| 分类：阅读12 评论0 字号：大中小定阅general acceptance standard (科学证据的)公认标准general partnership 一样合股general property 一样财产〔权〕general provisions 总那么gerontocratic 老人统治的gift tax 赠予税government tort 政府侵权〔行为〕grant of power 授权gross negligence 严峻过失group insurance 集体保险guarantee 担保guardian 监护人guardianship 监护权guidelines for sentencing 量刑指南guilt 有罪guilty 有罪的guilty 有罪辩论Hhabitual offender 惯犯hail insurance 冰雹保险handcuff 手铐handwriting 笔迹health insurance 安康保险health regulation 卫生法规hearing 听证〔会〕hearing of jury 陪审团听审hearsay 传言证据heir 继承人hierarchy 品级制度high crime 重罪hold 认定；裁定holding 认定；裁定holding device 拥有手腕〔形式〕homicide 杀人〔罪〕homosexuality 同性恋house counsel 〔公司〕专职法律参谋husband-wife relationship 夫妻关系husband-wife tort 夫妻侵权〔行为〕IId. 同上identification 认定；确认身份；身份证ignore 无视；驳回illegal 非法的；违法的immaterial 无实质性的immigration law 移民法immovable property 不动产immunity 宽免〔权〕impair 损害；减弱impeachment 弹劾；质疑implementation 实施；执行implied contract 默许合同implied warranty 默许保证〔保修〕imprisonment 监禁imputable 可归罪于……的imputation 归罪in re 关于；案由in recess 休庭in rem 对物的〔诉讼〕in session 开庭inadmissible evidence 不可采证据incarceration 禁闭；监禁incest 乱伦income tax 所得税Income Tax Act ?所得税条例?income tax on corporations 公司所得税income tax on individuals 个人所得税incompetence 无行为能力；无法律资格incompetent 无行为能力的；无法律资格的incorporation 法人；公司；组成公司incorporator 公司开办人independent regulatory agency 独立规制机构indicative list 指导性名单indictment 起诉书indirect evidence 间接证据indirect tax 间接税individual choice 个人选择〔权〕individual freedom 个人自由individual omni competence 个人全权individual proprietorship 个体业主individual right 个人权利ineffective 失效的inequality 不平等infamous 罪恶的；丑恶的inference 推理;推论infliction 处分informal adjudication 非正式裁决informal rulemaking 非正式规那么制定information 信息; 控诉书infomer 线人;情报员initial ruling 初步裁定injunction 禁令;强制令injunctive relief 强制救济injure 损害injustice 不公正innocence 无罪innocent 无罪的;无罪者innocent owner defense 无过错所有人辩护inquiry 调查inquisitiorial system 纠问式诉讼制度insane 精神失常insanity defense 精神失常辩护inspection 检查;审查installment land vendor 分期付款的土地出售人installment plan agreement 分期付款购物协议instruction 指示instrument 文件insurable interest 可保利益insurable loss 可保损失insurance agent 保险代理商insurance binder 临时保单insurance broker 保险中间人insurance card 保险卡insurance coverage 保险范围insurance law 保险法insurance policy 保险单;险种insurance premium 保险费insurance proceeds 保险收益insurance product 保险工程insured 被保险人insurer 保险人intangible 无形的intangible damage 无形损害intangible property 无形财产intangible personal property 无形的人身财产(权)inter alia 除别的之外interfere 干与;侵犯interlocutory injunction 临时强制令;(诉讼)中间的强制令intermediate appellate court 中级上诉法院intermetional business 调解interrogation 国际商务intentional 故意的intentional tort 故意侵权行为interest 利息;权益;利益interest rate risk 利率风险interview 询问invalid 无效的;不合法的invalidate 使无效invasion of privacy 侵犯隐私权investigation 侦查;调查investment 投资investment portfolio risk 投资风险组合investment securities 投资证券irrelevancy 无相关性irrelevant 不相关的irrelevant evidence 无相关性证据irrevocable 不可撤销的irrevocable life insurance trust 不可撤销的人寿保险信托itinerant judge 巡回法官法律英语辞汇〔5〕2021-12-20 21:05:16| 分类：阅读19 评论0 字号：大中小定阅Jjoint tenancy 一起租借(权)joint venture 合伙企业joint venture corporation 合伙公司joint venture with Chinese and foreign investment中外合伙企业judge 法官judge-made law 法官立法judge's chamber 法官室judge's charge to jury法官对陪审团的指令judge's instruction to jury 法官对陪审团的指示judgment裁决，裁定judicial branch 司法部门judicial clerkship 法院书记员职位judicial decision 法官职位judicial district 司法区judicial interpretation 司法说明judicial notice 司法任职judicial opinion 法官裁决意见judicial review 司法审查judicial scrutiny 司法检查judicial subjectivity 审判主观性judicial system 法院系统judiciary 法官jurisdiction 司法管辖区jurisprudence 法理学juror 陪审员jury 陪审团jury charge 法官对陪审团的指令jury pool待选陪审员库jury selection 挑选陪审员jury trial陪审团制justice 公正，大法官justice of the peace 治安法官justifiable homicide 合法杀人juvenile court 未成年人法庭juvenile delinquency 未成年人违法行为ＫKey man assurance 关键人保险Key person insurance关键人保险Kickbacks 回扣Kill杀人Killer 杀人者Know-how 技术秘密，商业秘密Ｌland use law 土地利用法last clear chance doctrine 最后明显机会法那么law 法，法律law firm 律师事务所law merchant商业适应法law of evidence证据法law reform 法律改革lawsuit 诉讼，官司lawyer 律师lawyer in government 政府律师；官方律师lawyer in private practice 私人开业律师lawyerette 律师娘lawman 外行人lay witness 一般证人；非专家证人lease 租赁lease agreement 租赁协议legacy 遗产legacy tax 遗产税legal 合法的legal advice 法律咨询legal commentary 法律评论legal education 法律教育legal effect 法律教育legal enforcement 法律效劳legal English 法律英语legal family 法系legal history 法律史legal instrument 法律文件legal mechanism法律机制legal memorandum 法律备忘录legal methodology 法律方式论legal order 法律秩序legal problem 法律问题legal profession 法律职业legal protection 法律爱惜legal relationship 法律关系legal representative 法律代表legal safeguard 法律保障〔方法〕legal system 法律体系；法律制度legal theorist 法学理论家legal writing 法律文书写作legalese 法律涩语legality 法制legislation 立法legislative branch 立法部门legislative history 立法史legislature 立法机关legitimate 合法的levy 征收〔税〕liability 责任；债务liability insurance 责任保险liberty 自由license plate 〔车〕执照牌license tax 执照税lien 留置〔权〕life estate 终生财〔遗〕产life insurance 人寿保险limited partnership 有限合股liquidated damages 预定违约金liquidity risk 流动资金风险literary property 高作产权litigant 诉讼当事人litigation 诉讼；打官司livestock insurance 家畜保险loan 贷款lord chancellor (英国)大法官loss of rights 丧失权利Jurisprudence， History of Legal Systems and Constitution依照法律规定according to law依照确信的份额分享权利：be entitled to rights in proportion to his proper share of the credit依照确信的份额分担义务：assume obligations in proportion to his proper share of the debt案例教学法case system案例汇编case book； case report； law report柏拉图 Plato?爱惜人权与全然自由公约?〔1950〕 Convention for the Protection of Human Rights and Fundamental Freedoms， 1950 〔罗〕被视为be deemed as被宣布为非法be outlawed； be declared illegal比拟法comparative law比拟法学comparative jurisprudence比拟法学派school of comparative jurisprudence比拟法制史 comparative legal history比拟分析法method of comparative analysis比拟刑法comparative penal law比拟刑法学comparative penal jurisprudence必然因果关系positive causal relationship边缘法学borderline jurisprudence变通方式adaptation； accommodation补充规定supplementary provision补救方式remedial measures不成文法unwritten law不成文宪法unwritten constitution不动产所在地法律 law of the place where the real property is situated； lex loci rei immobilisci不可分割的权利impartible right不可抗力 force majuere不可侵犯性inviolability不可让与性inalienability不履行法律义务non-performance of obligation不要式行为informal act不要因的法律行为non-causal juristic act不因实效而丧失的权利imprescriptible right不作为abstain from an act； act of omission部门法department law部门规章regulation参照 consult参照具体情形 in the light of actual conditions 参照原文 consult the original查士丁尼法典 Code Justinian； Codex Justinianus 查士丁尼法规汇编 Authenticum超出法律范围的 outside of law超出法律权限的 extralegal超过权限 exceed authority； beyond jurisdiction 成文法 written law成文宪法written constitution冲突法 conflict of laws； rules of conflict冲突规那么 conflict rule； rule of conflict除〔本法〕还有规定外 except for otherwise stipulated 〔by this law〕除外条款 provisory clause除外责任条款 exclusion clause触犯公共利益 encroach on the public interests触犯国际利益 go against the state's interests触犯人民利益 encroach on the interests of the people； go against the people's interests传统法律观念 traditional ideas of law纯粹法学 pure theory of law次要法规 by law次要规那么 secondary rule从宽说明原那么 doctrine of liberal construction从权利 accessory right抵达法定年龄 come of age大法 the fundamental law大法官Lord High Chancellor大法官法院Court of Chancery大陆法系Continental Legal System大律师barrister?大明律?Criminal Law of the Ming Dynasty 〔中〕大陪审团 grand jury?大清律例?the Criminal Laws of the Qing Dynasty 〔中〕?大宪章?〔1215〕 Great Charter， 1215〔英〕单行法规specific regulations单一法律体系unitary legal system单一制政府unitary government但书proviso今世法学动向current trend of jurisprudence固然说明 natural interpretation党纪国法party discipline and the law of the country道德标准norm of morality道德义务 moral obligation?德国民法典?German Civil code德拉古 Draco地址各级人民代表大会 local people's congresses at different levels 地址各级人民法院local people's courts at different levels地址各级人民检察院local people's procuratorates at different levels 地址各级人民政府local people's governments at different levels第二读second reading第三读 third reading二元论the dualistic theory二元君主立宪制 dual constitutional monarchy system二元论 the dualistic theory二元论者dualist二元制 bicameral system法的本质 the nature of law法的转变changes of law法的概念definition of law法的开展development of law法的分类 divisions of law法的概念concepts of law法的标准作用normalized usage of law法的继承succession of law法的精神 spirit of law法的可预测性foreseeability of law法的类型types of law法的类型的更替 the replacement of one historical mode of law by another法的渊源 historical origin of law法的持续性continuity of law法的内容contexts of law法的社会作用 social usage of law法的生效operation of law法的实现realization of law法的特点character of law法的现象legal phenomenon法的消亡 withering away of law法的形式渊源formal source of law法的要素elements of law法的渊源source of law法的职能function of law法的作用role of law法典code； statute book法典编纂 codification of codes法定成年人的年龄age of majority； legal age 法定程序legal procedure法定处分statutory penalty法定代理人： agent ad litem法定说明statutory interpretation法定量刑情节 legally prescribed circumstances of sentencing法定年龄 legal age； lawful age法定年龄限制 a statutory age limit法按期间 prescribed time法按期限 legal term法定权利 legal right； right entitled by law法定权限 limits of power prescribed by law法定人数 quorum法定日 appointed day法按时刻 appointed time法按时效 statutory prescription法定条件 legal condition法定限制 statutory restrictions法定效劳 statutory force法定刑 legally-prescribed punishment法定形式 legal form法定责任 statutory duty法定追溯期 time of legal memory法定最高刑 maximum statutory penalty； maximum statutory sentence法官 judge法官的自由裁量权 judge's power of discretion法官权利范围 extent of judge's power法官心证 judge's mental impression法官中立原那么 Nemo debt esse judex in propria causa法规编纂 condification of laws and regulations法规的说明 interpretation of statutes法规汇编 corpus of the laws and regulations?法国民法典?Code Civile de Francais 〔法〕法理 jurisprudence； principle of law法理学家 jurisprudent法律爱惜 legal protection法律编纂 codification法律标准 legal standards法律补救 legal redress法律部门 legal department法律草案 draft regulations法律方法 legal measures法律大全 Corpus legum法律的外乡化和改写 the localization and adaptiion of laws法律的地位 position of law法律的概念 definition of law法律的废止 abolishment of law法律的公共秩序论 public order theory of law法律的标准性 normalization of law法律的继承 succession of law法律的理想ideal of law法律的权威 authority of law法律的失效lapse of law法律的实施administration of law； law enforcement 法律的适用application of law法律的统一 unification of law法律的推定 presumption of law法律的推理 analogy of law法律的完整性 integrity of law法律的效劳范围 force's scale of law法律的效劳形式 force's form of law法律的修改alteration of law法律的演进 evolutin of law法律地位平等equal in legal status法律对人的效劳personal act of law编纂法律方式 legal methodology法律分类 classification of law法律给予权利 authority conferred by law法律改革 law reform法律概念 legal concept法律依照 legal basis法律工作者 legal professional法律关系legal relation法律关系的运行 process of legal relation法律关系客体 object of legal relation法律关系主体 subject of legal relation法律规定provisions of law法律标准 norm of law法律标准的逻辑构造 logical structure of legal rule 法律规那么体系 system of legal rules法律含义 intendment of law法律还有规定：otherwise stipulated by law法律现象legal phenomenon法律研究legal research法律要件 legal requirement法律依据 legal basis法律意见 legal advice法律意见书 legal opinion法律意识 law-consciousness法律意义 legal sense法律用语 legal language法律与正义先验论 a prior theory of law and justice 法律渊源 source of law法律本来注释 gloss法律原理 legal doctrines法律原那么 principle of legality法律援助legal aid法律约束 legal binding； legal restraint法律责任 legal responsibility法律责任的道义根底 moral basic of legal obligation 法律责任的归结 imputaton of legal responsibility法律责任的认定 determination of legal responsibility法律责任的执行 enforcement of legal responsibility法律责任客体 object of legal responsibility法律责任主体 subject of legal responsibility法律哲学 philosophy of law； philosophie du droit 〔法〕；philosophia juris 法律政策 policy of the law法律职业道德 legal ethics法律指导 legal counsel法律制裁 legal sanction法律制度 regime of law； legal system法律秩序 legal order法律主体资格 capacity as a subject of law法律主张 proposition of law法律属地原那么 territoriality of laws法律著述 legal literature法律专家 legal expert法律专业 legal profession法律专著和教科书 legal treati法律咨询 legal advice法律尊严 legal sanctity。
法律英语-Legal English(case brief)案例摘要
精选课件
1. 主审法官的意见用现在时态；前审法院的意见用 过去时态；
2. 主审法官的意见是法院意见； 3. 除法院意见外还有两种意见，被称为“反对意见”
与“配合意见”。
精选课件
Circuit’s decision issued in 1973 and published in volume 483 of the Federal Reporter, Second Series [F. 2d] , beginning at page 754 in that volume. The Third Circuit ‘s decision was reviewed and affirmed[aff’d] by the United States Supreme Court, whose decision was issued in 1974 and published in volume 419 of United States Reports[ U.S.] , beginning at page 345 in that volume.
1. Who are the parties ? 2.If the case is an appeal, what happened in the
lower court(s)? 3.What happened to bring these parties into
court in the first place? 4.What is the legal question before this court? 5.What rules (primary law ) did the court rely on
如何写case brief
如何写case brief~早看了这个上课就不至于那么迷茫了555~~case brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住case的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的case brief 就非常重要了。
那怎如何写呢？总结起来差不多有这样几种：一、FPIHRC写法（如下所述）Title (e.g. Roe v. Wade)Citation (e.g. 410 U.S. 113 (1973))Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.Procedure: Most of the cases that you'll read in law school will be appellate court d ecisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section. Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.Holding: How did the court answer the issue question(s)? YES/NO?Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quit e detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the rea soning of a case in class discussions.Concurring/dissenting opinions: Even though I read the concurring and dissenting op inions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becomin g more important than the majority's opinions. In such cases, you should add this s ection to your case brief.二、FIHRQ写法（注意：下面第一条的citation是每个case brief都必须要有的，另外还应当包含the case's title）I. CITATIONFrom what specific source is the case taken?For example, was the case reported in the U.S. Supreme Court Reports?II. THE FACTSA. Material·What materially happened?·Was there, for example, a collision on the high seas? A dispute over territory?B. Legal·From what legal circumstances did the case originate?·Did two states agree, for example, to submit their dispute to an arbitral tribunal? Was an opinion sought from the I.C.J.?III. LEGAL ISSUESA. Specific·What specific legal questions does this case raise?·For example, does the proximity of Ruritania to Zombie Island give Ruritania a l egal basis for making a territorial claim for Zombie Island?B. General·What more general legal questions does this case raise?·For example, is "proximity" a legitimate basis under international law for making a territorial claim for an island?IV. THE HOLDING·What decision was made? That is, in support of which side did the court hold? ·For example, in Missouri v. Holland, did the court decide in favor of "Missouri" o r "Holland?"V. LEGAL RATIONALE·What legal reasoning informed the court's decision?·What rules of law, for example, did it apply?·How did it interpret legal principles, documents?·How did it construe the facts?VI. QUESTIONS·What existing legal questions, if any, are unresolved by this case?·What new questions, if any, does it raise?三、FIHR写法四、FIRAC写法Writing a Case Brief Case briefs are documents prepared by students as a study aid when trying to capture the essence and importance of appellate court decisions. A case brief summarizes a court decision by outlining, at a minimum, the facts of th e case, the legal issues raised, and the rationale for the court’s decision.There are many ways to organize a case brief and each structure may include and exclude items different than those requested here. The references listed at the end of this handout show the variation in how a case might be briefed, but they also p rovide additional information to help you complete a brief. So, in addition to the ite ms and explanations below, you should consult the references for additional clarity. For purposes of the assignment, follow the structure provided here in preparing you r case brief.Case Name and RolesAs you learned in the citing cases assignment, the case name will typically show tw o parties. In a criminal case the first party is invariably the government (probably s tate or federal) and the second party is the defendant. However, a case before an appellate court (which are the cases you will brief) may result in a switch when a defendant (now the appellant or petitioner) seeks action against the state (now the appellee or respondent). See Ferdico (p. viii) for a review of determining who’s wh o in a case name. So, in addition to providing the proper case citation, this section of the brief will also specify the role of each party.Procedural BackgroundAppellate cases have, by definition, already had a trial stage. In fact, depending on what appeal level the case now being briefed is at, it may already have been to s everal appellate courts. The case brief should identify the courts that have dealt wit h the case and indicate the decisions those courts have made. (See Ferdico’s exam ple (bottom of p. viii and top of p. ix) using Bond v. United States.) The sections o f the court opinion that help identify the procedural background will also provide inf ormation for the “roles” section above. As a warning—based on briefs provided in o ther classes—some students confuse the court opinion for the case now being briefe d with opinions from earlier courts. This is another good reason to include the proc edural background as part of a case brief since it helps you clarify how your case got to the U.S. Supreme Court (the court for all briefs in this assignment). Rememb er, the brief you are writing summarizes the facts, issues, holding, and rationale in the U.S. Supreme Court opinion for the case name you have identified at the start of the brief. Don’t confuse those items (especially the court’s holding, rationale, and disposition) with ones relevant to court opinions on this case at earlier stages.FactsIn one or two paragraphs, provide a concise summary of the incident that brought the case before the court. This will include a description of the crime and the circu mstances causing the earlier court’s decision to be appealed. This is actually one of the more difficult parts of the brief since requires you to clearly identify and conci sely state ONLY that information needed to understand the case. The decision itself usually includes a lot more information than is needed for the brief.The issues being addressed in the case (see the following section) will help you det ermine what facts are especially important for your brief. In fact, some authors sug gest you write the issues section first to help you more clearly identify the facts. Ferdico (bottom of column A and top of column B on p. ix) suggests the type of q uestions that should be answered in this section. As he notes, the behavior of the police during their investigation, confrontation, apprehension, detention, etc. of the d efendant will probably constitute important facts in most of the cases you are briefi ng. It is important for you to remember, however, that behavior by magistrates, pr osecutors, defense attorneys, trial judges, wardens, etc. can also be claimed to hav e violated right of the defendant (appellant/petitioner).Legal IssuePhrase, in your own words, the legal question the court has tried to answer in this case. State the issue as a question (e.g., “Can a police officer. . .?”). Sometimes t he issue is made very clear in the opi nion (e.g., “This case presents the question. . .”, “The issue in this case is . . .”) but at other times it is not quite so “in your f ace.” Even when the issue is blatantly presented in the opinion, you should still phr ase it in your own words. There are several reasons for this. First, court opinions o ften address several legal issues. In this class we are concentrating on procedural is sues so you need to identify the specific issue related to the procedure followed by the police (in most of your cases). Second, court opinions are often long, wordy, a nd filled with terms unfamiliar to undergraduates. As a result, putting the issue in y our own words (use the Ferdico’s glossary to help understand some of the court’s l egal terminology) will help all of us understand it better.Decision or HoldingHow has this court resolved the issue? What was the outcome? What action did the court take? Like the legal issue, the court’s decision or holding is probably clearly stated in the opinion (e.g., “We hold . . .”).This should be a brief summary of the court’s decision (see Ferdico’s examples in t he various “Key Holdings” at the end of Chapters 3-14) and will, of course, resembl e aspects of the legal issue statement. In this sense, the holding tells the answer t o the question phrased as the legal issue. One could even claim the decision is a o ne-word or simple-sentence response to the legal question. For example, Ferdico (p. ix) uses this quote from Chief Justice Rehnquist:Obviously, your case brief needs to provide more information than “it did.” As Ferdi co explains, you will probably find a more complete statement of the court’s “holdin g further along in the opinion or at the end, after discussing its reasoning” (p. ix). ReasoningWhy did the court reach the decision it did? What arguments justify the holding? B ecause judges often write many pages when justifying and explaining their decisions, this can be a difficult section for student’s to write. The doctrine of stare decisis r equires judges to align their decision with legal principles established in previously d ecided cases. As a result, court opinions take considerable space to show how the current decision is consistent with the established principles. Your job is to state, as succinctly as possi ble, the rationale provided by the court’s majority in support of t heir decision.DispositionSo, what happened as a result of the court’s decision? You will find a specific dispo sition somewhere in the opinion. Ferdico (p. x) highlights the three most common d ispositions:Affirmed —The appellate court agree with the opinion of the lower co urt from which the appeal came.Reversed —The appellate court disagrees with the opinion of the lowe r court from which the appeal came and sets aside or invalidates that opinion. Rev ersals are often accompanied by a remand.Remanded —The case is sent back to the court from which it came for further action consistent with the appellate court opinion. Remand often accompani es a reversal.How to Brief a Case"by John M. Scheb IIfor Political Science 430, 431 (“U.S. Constitutional Law”)Most instructors of constitutional law require students to prepare "briefs" of a numb er of assigned cases. Even in the absence of such a requirement, students may fin d that briefing a case helps one "digest" its contents. Preparing briefs is also an ex cellent means of studying for an examination that covers court cases. Below is an example of a case brief prepared in the style that we recommend to students. Stu dents will note that the "brief" below is exactly that: a very brief summary of the c ase. It highlights the basic issue, the essential facts, the decision of the Court, and the arguments set forth in the majority and dissenting opinions. We also encourag e students to include a brief comment on the significance of the case.Sample Case BriefPlessy v. Ferguson (1896)Issue: Is a state law requiring "equal but separate" facilities for whites and blacks a violation of the Thirteenth and/or Fourteenth Amendment?。
法律英语：Brief 写作
法律英语：Brief 写作How to Brief a CaseConfusion often arises over the term ＂legal brief.＂ There are at least two different senses in which the term is used.Appellate briefAn appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme C ourt Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).Student briefA student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.THE PARTIES AND HOW TO KEEP TRACK OF THEMBeginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help:Plaintiffs sue defendants in civil suits in trial courts.The government (state or federal) prosecutes defendants in criminal cases in trial courts.The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review.For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to a hearing. These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped together as ＂appeals.＂ However, there is, as shown, a difference between them, and you should know it.A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the case, is known as a petitioner. The person, who must respond to the petition, that is, the winner in the lower court, is called the respondent.A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant. His or her opponent is the appellee. The name of the party initiating the action in court, at any level onthe judicial ladder, always appears first in the legal papers. For example, Arlo Tatum and others sued in Federal District Court for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Tatum and his friends became plaintiffs and the case was then known as Tatum v. Laird. The Tatum group lost in the District Court and appealed to the Court of Appeals, where they were referred to as the appellants and the defendants became the appellees. Thus the case was still known at Tatum v. Laird.When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appellees decided to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from the Supreme Court directing the Court of Appeals to send up the record of the case (trial court transcript, motion papers, and assorted legal documents) to the Supreme Court.At this point the name of the case changed to Laird v. Tatum: Laird and associates were now the petitioners, and Tatum and his fellows were the respondents. Several church groups and a group of former intelligence agents obtained permission to file briefs (written arguments) on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them. Each of these groups was termed an amicus curiae, or ＂friend of the court.＂In criminal cases, switches in the titles of cases are common, because most reach the appellate courts as a result of an appeal by a convicted defendant. Thus, the case of Arizona v. Miranda later became Miranda v. Arizona.STUDENT BRIEFSThese can be extensive or short, depending on the depth of analysis required and the demands of the instructor. A comprehensive brief includes the following elements:1. Title and CitationThe title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing. The first section of this guide shows you how to identify the players without a scorecard.The citation tells how to locate the reporter of the case in the appropriate case reporter. If you know only the title of the case, the citation to it can be found using the case digest covering that court, or one of the computer-assisted legal research tools (Westlaw or LEXIS-NEXIS).2. Facts of the CaseA good student brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. WARNING! Judges are not above being selective about the facts they emphasize. This can become of crucial importance when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and ＂edit＂ the facts often determines which way he or she will vote and, as a result, which rule of law will be applied.The fact section of a good student brief will include the following elements:? A one-sentence description of the nature of the case, to serve as an introduction.? A statement of the relevant law, with quotation marks or underliningto draw attention to the key words or phrases that are in dispute. ? A summary of the complaint (in a civil case) or the indictment (in a criminal case) plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari.3. IssuesThe issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Again, watch out for the occasional judge who misstates the questions raised by the lower court’s opinion, by the parties on appeal, or by the nature of the case.Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases.When noting issues, it may help to phrase them in terms of questions that can be answered with a precise ＂yes＂ or ＂no.＂For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.S. Constitu tion to a school board’s practice of excluding black pupils from certain public schools solely due to their race. The precise wording of the Amendment is ＂no state shall... deny to any person within itsjurisdiction the equal protection of the laws.＂ The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. Assuming that there was no doubt that the school board was acting as the State, and that Miss Brown was a ＂person within its jurisdiction,＂ then the key issue would be ＂Does the exclusion of students from a public school solely on the basis of race amount to a denial of ＂equal protection of the laws’?＂ Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to ＂separate but equal＂facilities did not deny them ＂equal protection of the laws.＂ Make note of any such implications in your statement of issues at the end of the brief, in which you set out your observations and comments.NOTE: More students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. It may also help to label the issues, for example, ＂procedural issues,＂＂substantive issues,＂＂legal issue,＂ and so on. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.4. DecisionsThe decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. There are narrow procedural holdings, forexample, ＂case reversed and remanded,＂ broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the holdings can be stated in simple ＂yes＂ or ＂no＂ answers or in short statements taken from the language used by the court.5. ReasoningThe reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs.6. Separate OpinionsBoth concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues.7. AnalysisHere the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the ＂rightness＂ of the decision debated, and the logic of the reasoning considered.Created by Christopher Pyle, 1982Revised by Prof. Katherine Killoran, Feb. 1999Excerpted from Lloyd Sealy Library, John Jay College of Criminal Justice。
casebrief
A brief is a written summary of the case. To prepare one, you must distill the case's most important parts and restate them in your own words. The effort will provide a variety of important benefits. First, to describe a case accurately, you must read it carefully and thoroughly. Describing the case in your own words forces you to determine exactly what the courts said, which concepts and facts were essential to its decision, and the proper legal terminology and procedures.Second, after reading so many cases in each course, your case briefs will help you remember the details of each case for class discussions and exam preparation. To be most effective, case briefs must be brief.Third, briefing cases exercises skills you will use throughout your legal career. As a lawyer, you will have to read and analyze cases with a careful eye to detail. You also will have to summarize cases when writing legal memoranda, briefs, and other documents and when making oral arguments to courts.Case Brief FormatCaptionFactsProcedural HistoryIssuesHoldingsRationaleDispositionConcurring and Dissenting Opinion--------------------------------------------------------------------------------Case Brief FormatThere are many different ways to brief a case. You should use the format that is most useful for your class and exam preparations. Regardless of form, every brief should include the following information.--------------------------------------------------------------------------------CaptionA brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook.--------------------------------------------------------------------------------FactsNext, state the facts of the case. This section is necessary because legal principles are defined by the situations in which they arise. Include in your brief only those facts that are legally relevant. A fact is legally relevant if it had an impact on the case's outcome. For example, in a personal injury action arising from a car accident, the color of the parties' cars seldom would be relevant to the case's outcome. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court's consideration of the case. Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time.--------------------------------------------------------------------------------Procedural HistoryWith the statement of facts, you have taken the case to the point at which the plaintiff filed suit. The next section of the brief, the procedural history, begins at that point and ends with the case's appearance in the court that wrote the opinion you are reading. For a trial court opinion, identify the type of legal action the plaintiff brought. For an appellate court opinion, also describe how the trial court and, if applicable, the lower appellate court decided the case and why.--------------------------------------------------------------------------------IssuesYou are now ready to describe the opinion you are briefing. In this section of the brief, state the factual and legal questions that the court had to decide. To analyze a case properly, you must break it down to its component parts.--------------------------------------------------------------------------------HoldingsIn this section, separately answer each question in the issues section. For quick reference, first state the answer in a word or two, such as "yes" or "no." Then in a sentence or two, state the legal principle on which the court relied to reach that answer (the "holding").--------------------------------------------------------------------------------RationaleYou now should describe the court's rationale for each holding. This section of thecase brief may be the most important, because you must understand the court's reasoning to analyze it and to apply it to other fact situations, such as those on the exam. Starting with the first issue, describe each link in the court's chain of reasoning.--------------------------------------------------------------------------------DispositionDescribe the final disposition of the case. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court's decision, reverse it in whole or in part, or remand the case for additional proceedings?--------------------------------------------------------------------------------Concurring and Dissenting OpinionConcurring and dissenting opinions are included in a casebook when they present an interesting alternative analysis of the case. Therefore, you should describe the analysis in your case brief. It will help you see the case in a different light.McAvoy v. MedinaSupreme Judicial Court of Massachusetts,1866Page 63 of case bookFactsA customer of D's barber shop placed a pocket-book on a table in the shop and accidentally left it there. P found the pocket-book and gave it to D. P instructed D to give the pocket-book to its owner if he returned. The owner was not discovered. P demanded that D give him the money from the pocket-book, but D refused.Procedural HistoryP brought a tort action against D to recover the money. The trial court held for D. P appealed.Issues1.Was the pocket-book "lost" property?2. If a customer voluntarily places an object in a shop and forgets it, is another customer who finds it entitled to possession?Holdings1.No.An object is not "lost" when its owner intentionally placed it somewhere and then forgot it.2. No. When an object has been mislaid in a shop, the shop owner's right to possess the object is superior to the finder's.Rationales1.An object is "lost" only if its owner has unknowingly parted with it. In this case, a pocket-book was found on a table in a barber shop. The court determined that the pocket-book's owner intentionally had placed it there. Therefore, the object was not "lost".a. The court assumes that the owner of the pocket-book intentionally placed it on the table, which may be a reasonable assumption on the facts of this case. The court describes another case, however, in which an object was found on the floor of a shop. Because the object was found on the floor, the court assumed that the owner unintentionally parted with it and, therefore, that the object was "lost". As a result, the finder, rather than the shop owner, was entitled to possession. What if the object had been placed on a table or counter and then inadvertently knocked to floor? What if a ring is found on the floor near a sink in a bathroom? The court's reasoning in this case causes completely different results base on assumptions about potentially ambiguouscircumstances.2. A shop owner who knows that an object has been mislaid in the shop has a duty to safeguard it until the owner of the object reclaims it. Giving possession to the owner increases the likelihood that the owner of the mislaid object will recover it.DispositionFor D; affirmed lower court decisionConcurring or Dissenting OpinionsNo concurring or dissenting opinion was filed in this case.。
大学关于司法的英语作文
Justice in the University ontext: AnExamination of Legal Education and ItsImpact on SocietyIn the modern era, the university has become a breeding ground for not only academic excellence but also critical thinking and innovation. One such area that has gained significant attention within the university walls is the field of justice. As society becomes increasingly complex, the need for well-trained and knowledgeable legal professionals is paramount. This essay explores the significance of justice in the university context, examining how legal education shapes individuals and, in turn, impacts society.The foundation of any robust legal system is rooted in education. Universities play a pivotal role in providing a comprehensive understanding of the law, its principles, and its application in real-world scenarios. The curriculum often covers a wide range of topics, from constitutional law to criminal procedure, allowing students to gain a holistic view of the justice system. This educational experience is not just about acquiring knowledge; it'sabout cultivating critical thinking skills, analytical abilities, and a profound respect for the law.The impact of legal education on individuals is profound. Students are not just taught about the law; they are also exposed to real-life cases, legal debates, and ethical dilemmas. This exposure helps them develop a nuanced understanding of the law and its implications for society. As these students graduate and enter the workforce, they become agents of change, using their knowledge andskills to shape policy, influence legal outcomes, anduphold the principles of justice.The university's role in legal education is further amplified by its research and scholarship. Faculty members and students alike engage in rigorous research, exploring areas such as criminal justice, civil rights, and international law. This research not only contributes tothe academic discourse but also informs policy makers and practitioners about emerging trends and challenges in the legal field. By staying abreast of these developments, the university ensures that its legal education remainsrelevant and responsive to the needs of society.Moreover, the university's commitment to justice extends beyond the classroom. Many universities have established legal clinics or service-learning programs that allow students to apply their knowledge directly to real cases. These experiences give students a taste of what it means to be a legal professional and allow them to make a tangible difference in the lives of others. By providing these practical opportunities, the university fosters a sense of social responsibility among its legal students, encouraging them to use their skills for the betterment of society.In conclusion, the university's role in legal education and justice is multifaceted and far-reaching. It is notjust about imparting knowledge; it's about shaping individuals who are committed to upholding the principles of justice and using their skills to improve society. As we move forward, it is crucial that we continue to invest in legal education and recognize the important role that universities play in cultivating the next generation of legal professionals.大学司法：法律教育对社会的影响探究在现代社会，大学不仅是学术卓越的摇篮，更是批判性思维和创新的发源地。
比洛特律师对联邦诉讼的故事英文作文
比洛特律师对联邦诉讼的故事英文作文The Story of Beloit Lawyer's Federal LitigationIn the heart of the Midwest, a small town called Beloit stood as a testament to the resilience and determination of its residents. Among them was a man named Michael Beloit, a lawyer whose passion for justice and unwavering commitment to his clients would soon thrust him into the spotlight of a high-stakes federal lawsuit.It all began with a seemingly routine case – a local business owner accused of violating environmental regulations. Beloit, known for his meticulous attention to detail and his ability to navigate the complexities of the legal system, took on the case with his characteristic zeal. What he didn't know, however, was that this case would soon evolve into a battle that would test the very foundations of the American legal system.As Beloit delved deeper into the case, he uncovered a web of corruption and collusion that extended far beyond the borders of Beloit. The local authorities, it seemed, were in cahoots with the powerful corporate interests that stood to benefit from the lax enforcement of environmental regulations. Beloit knew that he hadstumbled upon a scandal of epic proportions, and he was determined to bring it to light.Undaunted by the formidable opposition he faced, Beloit set out to build his case. He pored over countless documents, interviewed witnesses, and meticulously constructed a legal strategy that would stand up to the scrutiny of the federal courts. His determination was fueled by a deep-seated belief in the principles of justice and the rule of law – values that he had sworn to uphold as a lawyer.As the case progressed, Beloit found himself at the center of a media frenzy. The story of the small-town lawyer taking on the might of the federal government captured the public's imagination, and Beloit became a symbol of the fight against corruption and corporate greed.Despite the intense pressure and the high stakes, Beloit remained steadfast in his pursuit of the truth. He knew that the odds were stacked against him, but he also knew that the future of his community and the integrity of the legal system hung in the balance.As the trial unfolded, Beloit's legal prowess and his unwavering commitment to his cause became increasingly evident. He skillfully navigated the complex web of legal arguments, presenting a case that was as compelling as it was meticulous. The opposing counsel,seasoned veterans of the federal courtroom, found themselves on the defensive, struggling to counter Beloit's relentless attacks.The tension in the courtroom was palpable as the trial reached its climax. Beloit's final arguments were a masterclass in legal advocacy, as he skillfully wove together the various strands of evidence to paint a damning portrait of the corruption that had infected the system. The judge, visibly impressed by Beloit's performance, reserved his ruling, promising to deliver a decision in the coming weeks.In the weeks that followed, the entire community of Beloit held its breath, waiting with bated anticipation for the judge's decision. The stakes were high, and the future of the town hung in the balance. Beloit, for his part, remained calm and focused, confident in the strength of his case and the righteousness of his cause.Finally, the day of the ruling arrived, and the courtroom was packed with spectators, all eager to witness the outcome of this historic case. As the judge read out his decision, the room fell silent. Beloit's face remained impassive, betraying no emotion, as the judge methodically dismantled the arguments of the opposing counsel and ruled in favor of Beloit's client.The crowd erupted in thunderous applause, and Beloit was hailed as a hero – a champion of the people who had stood up to the forces ofcorruption and prevailed. In the days and weeks that followed, Beloit's name became synonymous with justice and integrity, and his story inspired countless others to take a stand against the forces that threatened to undermine the very foundations of the American legal system.For Beloit, the victory was not just a personal triumph, but a testament to the power of the law and the importance of upholding its principles. As he reflected on the case, he knew that his work was far from over – that there were countless other battles to be fought and won in the ongoing struggle for justice and the rule of law. But for now, he savored the victory, secure in the knowledge that he had made a difference in the lives of his clients and in the community he had sworn to protect.。
法律书籍推荐英文作文
法律书籍推荐英文作文英文回答：As a law student, I have come across many great legal books that I would highly recommend for anyone interestedin the field. These books not only provide valuableinsights into the legal system but also offer practical advice on legal writing and research. Here are my top recommendations:1. "The Elements of Legal Style" by Bryan A. Garner: This book is a must-read for anyone looking to improvetheir legal writing skills. It provides clear and concise guidelines on how to write persuasively, avoid common grammatical errors, and use legal terminology effectively.I found this book extremely helpful in enhancing my writing style and making my arguments more compelling.2. "Getting to Maybe: How to Excel on Law School Exams" by Richard Michael Fischl and Jeremy Paul: This book is agem for law students who want to excel in their exams. It offers practical advice on how to analyze legal problems, spot issues, and construct effective arguments. The authors also provide valuable tips on time management and exam preparation. I found the strategies and techniques outlined in this book to be extremely useful in improving my exam performance.3. "Thinking Like a Lawyer: A New Introduction to Legal Reasoning" by Frederick Schauer: This book explores the fundamental principles of legal reasoning and teaches readers how to think critically like a lawyer. It covers topics such as analogical reasoning, distinguishing cases, and understanding legal principles. The author uses engaging examples and case studies to illustrate complex concepts, making it an enjoyable and insightful read.4. "The Bramble Bush: On Our Law and Its Study" by Karl N. Llewellyn: This classic book provides a philosophical and practical introduction to the study of law. It discusses the role of law in society, the importance of legal education, and the challenges faced by law students.Llewellyn's conversational writing style and thought-provoking insights make this book a must-read for anyone interested in the study of law.中文回答：作为一名法学学生，我遇到了许多非常好的法律书籍，我强烈推荐给对这个领域感兴趣的人。
法律写作范例CaseBrief
Case Brief: Chad Everette CALDWELL and wife, Crystal Cope Caldwell v. Randy DeWitt BRANCH and Kristy N. Crawford.I.HEADING:Case name: Chad Everette CALDWELL and wife, Crystal Cope Caldwell v.Randy DeWitt BRANCH and Kristy N. Crawford.-Respondent : CALDWELL-Appellant : BRANCH-Defendant : BRANCHII.PROCEDURAL HISTORY ：1.Owners of alleged dominant estate brought action against owner of allegedservient estate, asserting that they had acquired prescriptive easement.Following a bench trial, the Superior Court, Gaston County, W. Robert Bell, J., found that owners of alleged dominant estate had acquired prescriptive easement. Owner of alleged servient estate appealed.III.FACTS：1.Since 1958, the plaintiff and their predecessors had used and maintained adriveway across the defendant ’tracts (Track C) without permission or objection.2.Plaintiffs and their predecessorstreated the driveway as their own, and amailbox for the Caldwell Property stood at the end of the driveway abutting apublic road for over thirty years.3.The Episcopal church, whose members must have been aware of the use byand the intentions of plaintiffs and their predecessors in interest.4.In 2003, the defendant blocked the driveway.1.Whether the plaintiffs’ driveway constituteprescriptive easement.V.RULES:1.To establish the existence of a prescriptive easement,the party claiming theeasement must prove four elements concerning the property: (1) that the use is adverse, hostile or under a claim of right; (2) that the use has been open and notorious such that the true owner had notice of the claim; (3) that the use hasbeen continuous and uninterrupted for a period of at least 20 years; and (4)that there is substantial identity of the easement claimed throughout the 20-year periodVI.HOLDING:1. The court hold that the plaintiff driveway’s meet all requirements for aprescriptive easement.VII.DISCUSSION1.Caldwells and visitors to the Caldwell Property traversed the driveway on adaily basis, and plaintiffs and their predecessors maintained the road byscraping, graveling, and paving a portion of the road.2.Plaintiffs and their predecessorstreated the driveway as their own, and amailbox for the Caldwell Property stood at the end of the driveway abutting apublic road for over thirty years.3.Additionally, the Episcopal Church, whose members frequently parked onTract C, must have been aware of the use by and the intentions of theplaintiffs and their predecessors in interest.4.As such, plaintiffs' use of the driveway was both open and notorious as well ashostile and adverse. The record is clear that the direction, size, and location of the driveway has remained fixed and constant since 1958, and thus, there has been substantial identity of the claimed easement.5.Finally, the use has been for more than twenty years. Plaintiffs can trace thehostile and open use of the driveway back at least to 1971. As such, this Courtneed not address whether the adverse period began running from 1958. Thespan of time from 1971, when Chad Caldwell was born, to 2003, whendefendant blocked the driveway and plaintiffs filed suit, is sufficient to meetthe twenty-year requirement for a prescriptive easement.VIII. DICTA1.Chief Judge MARTIN and Judge ELMORE concur.IX.JUDGEMENT1. AFFIRMED。
法律英语casebrief
法律英语casebrief1Title ：Brown v. Board of Education of Topeka, Kansas2 Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment.This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal” doctrine. On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws.3 Procedure: Most of the cases that you'll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate.In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.4 Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.Do separate but equal laws in the area of public education deprive black children of the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution (Constitution)?Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.Is the race-based segregation of children into “separate but equal”public schools constitutional?5 Holding: How did the court answer the issue question(s)? YES/NO?We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that theplaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.No. The race-based segregation of children into “separate but equal”public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional.Chief Justice Earl Warren (J. Warren) stated that even if the “tangible” facto rs of segregated schools are equal, to separate black children from others of similar age and qualifications solely on the basis of race, generates a feeling of inferiority with respect to their status in the community and may affect their hearts and minds in a way unlikely to ever be undone.Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms.The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the role of public education in American life today. The separate but equal doctrine adopted in Plessy v. Ferguson, which applied to transportation, has no place in the field of public education.Separating black children from others solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a wayunlikely ever to be undone. The impact of segregation is greater when it has the sanction of law. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law tends to impede the educational and mental development of black children and deprives them of some of the benefits they would receive in an integrated school system. Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority and any language to the contrary in Plessy v. Ferguson is rejected.6 Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. Y ou can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions./doc/3074260390c69ec3d5bb75d5.ht ml cation is perhaps the most important function of state and local governments. it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education., Such an opportunity where the st ate has undertaken to provide it, is a right which must be made available to all on equal terms.2."Segregation of white and colored children in public schools has a detrimental effect uponthe colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group.A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendencyto [retard] the educational and mental development of Negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system."布朗诉托皮卡教育局案（Brown v. Board of Education, 347 U.S. 483, 全名Oliver Brown et al. v. Board of Education of T opeka et al.，简称 Brown case）是一件美国史上非常重要、具有指标意义的一件诉讼案。
Basics of Legal Writing(法律写作基础)
Basics of Legal Writing（法律英语写作基础）Lawyers in practice are generally judged by the final product they produce: the written, negotiated text. Clearly, in my firm, the first thing new lawyers will be judged upon is their writing. The fastest way to get ahead as a new lawyer is to be an able writer. The fastest way to fail is to be a poor writer.——Bryn Vaaler, Compositional Practice：A Comment on " A Liberal Education in Law," 1 J. ALWD 148, 149 (2002).实际上，判断律师的标准通常是他们的最终产品: 书面的、协商好的文本。
很明显，在我的事务所，新律师首先要考虑的就是他们的文书。
成为一个新律师最快的方法，就是成为一个有能力的作家。
失败最快的方法就是成为一个差劲的作家。
——Bryn Vaaler，创作实践：论“法律中的通识教育”，J。
ALWD 148，149（2002）。
Legal writing is a special type of writing done by attorneys, judges, legislators and others in law. The purpose of this writing is to communicate various legal rights, analysis, and legal duties, etc. Unlike regular writing, legal writing is technical and involves continuous citations,gives importance to precedence and uses special legalese that sounds very formal. There has been a move to reduce such formal style of writing and to make legal writing simple enough for the layman to understand. However, one must remember that the purpose of legal writing is to make a precise document and informal style may make a legal document's intentions hazy.法律写作是由律师、法官、立法者和其他法律工作者所做的一种特殊的写作类型。
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Issue(s)
Issue(s). What question of law is the moving party presenting to the decisiondecisionmaker? Key words “whether” and “if” in whether” if” the opinion frequently signal the legal issue. If you can’t find these signal can’ words, you should try to formulate an issue statement, beginning with the words “whether” or “if.” The decisionwhether” if.” decisionmaker’ maker’s conclusion (below) will answer either affirmatively (“yes”) or negatively (“yes” (“no”). no”
in-custody ininterrogations
incommunicado
atmosphere privilege against selfself-incrimination the suspect
psychological intimidation
jeopardize admit to acts; succumb to pressure and inducement
网络数据库
Westlawinternational 4月8日周四下午 1：30—3：00 30— /how-to/how-towrite/write-english-essay.php英语论文写 write/write-english-essay.php英语论文写 作
Writing pointers – clarity
Paragraphs should contain one major idea Paragraphs should contain 3-5 sentences 3Each sentence should contain 20-25 words 20-
Higher level
Comparative. Compare the case with a similar situation in China (or anywhere else)
Legal system Laws Culture (population’s attitudes) (population’ Trends: domestic and international
——Guo ——Guo Bingli
“[N]or shall any person … be compelled in any criminal case to be a witness against himself.” --Amendment V --Amendment
“In all criminal prosecutions, the accused shall enjoy the right to … be informed of the nature and cause of the accusation …and to have the Assistance of Counsel for his defense.” --Amendment VI --Amendment
Prosecutor Accused Appellant Appellee Petitioner Respondent
Arizona Ernesto Miranda Ernesto Miranda Arizona Ernesto Miranda Arizona
Prosecutor Accused
——Ma ——Ma Yun
statements
exculpatory or inculpatory
stem from
custodial interrogation
employ
procedural safeguards
object
real understanding and knowledge of the consequences
——Guo ——Guo Bingli
rights against self-incrimination self-
confessions
right to counsel
violateຫໍສະໝຸດ the constitutional privileges under the 5th and 6th Amendments
The majority's arbitrary Fifth Amendment rule is unnecessary and its effect unpredictable. unpredictable. It will essentially handcuff the police, and not allow them to do their job properly. --Justice Clark --Justice
Analysis
Analysis. How does the Court apply the rule (law) to the facts? Be able to explain the Court’s analytical framework. Court’
Conclusion
Conclusion. Conclusion. This is the decision or judgment. It is the answer to the issue(s) above. In a common law jurisdiction, this could become precedent—or, “new law” precedent— law” for future controversies with similar facts.
Case Briefing and Legal Writing
参考书籍
1. D904/5 英美法案例研读全程指南/何主宇 英美法案例研读全程指南/ 编著 2. H315/443 法律英语写作教程/主编徐章宏 法律英语写作教程/ 3. D916.13/1 加纳谈法律文书写作 中英文 /(美) 布莱恩·A·加纳著 刘鹏飞, 张玉荣译 /(美 布莱恩· 刘鹏飞, 4.
Petitioner Respondent
Ernesto Miranda Arizona
The Supreme Court reversed the Arizona Supreme Court's decision; Miranda received a second trial.
A second conviction and another 20 year sentence. sentence.
Example: Miranda v. Arizona
This is a true oral argument from the U.S. Supreme Court Read along as you listen, and see if you can identify the key legal issues; also, relevant facts, rules, analysis, and conclusion
Rule(s)
Rule(s). What law does the decisiondecisionmaker use to make the judgment? There could be one or several sources, e.g., constitutional, administrative, or in the case of common law, precedent.
2. 3. 4. 5.
6.
“[W]ill return a killer, a rapist or other criminal to the streets…to repeat his crime whenever it pleases him.” --Justice Byron White --Justice
Police brutality or other overt coercion; Discourage any confession at all; Indicia of traditional coercion like force, threats, or promises; History or the language of the Fifth Amendment itself; An adequate empirical basis
1.
Right to remain silent(in clear and silent( unequivocal terms); terms); Anything he says may be used against him; The right to the presence of an attorney; attorney; Appointed attorney for him(indigent); him(indigent); Proof burden ----- the defendant knowingly and intelligently waived his rights; Right to terminate the interrogation once the privilege has been once invoked.
Arizona Ernesto Miranda
Guilty of kidnapping and rape; 20 to 30 years' imprisonment