法律英语考试复习资料

法律英语知识点归纳

法律英语知识点归纳法律英语是指在法律领域中使用的英语语言和术语。

对于从事国际商法、国际仲裁、国际贸易等方面的工作人员来说，掌握法律英语是非常重要的。

本文将详细介绍一些常用的法律英语知识点。

一、法律体系及法律原则1. Common Law（普通法）：源于英国的法律制度，以判例为基础，注重司法判决的先例。

2. Civil Law（民法）：法律体系以法典为基础，强调通过法典和条例规范法律事务。

3. Statute（法令）：由立法机关制定通过的具有法律效力的规定。

4. Case Law（判例法）：法院对特定案件的判决和裁决形成的先例，对类似案件具有法律约束力。

5. Precedent（先例）：判决或裁决后的法律准则，被认为可以指导类似案件的判决。

6. Hierarchy of Laws（法律等级）：指不同法律的优先级别，一般按照宪法、法令、法律、法规、命令、条例等顺序排列。

二、合同法1. Contract（合同）：双方达成的协议，包括权利和义务。

2. Offer（提议）：要约，表明愿意与他人达成协议。

3. Acceptance（接受）：对提议的同意。

4. Consideration（对价）：作为一方履行合同义务的回报。

5. Breach of Contract（违约）：未能按照合同约定履行义务。

6. Force Majeure（不可抗力）：无法预见或控制的事件，免除违约责任。

7. Jurisdiction（管辖权）：法院对案件有管辖权的能力。

8. Damages（赔偿金）：违约方需支付给另一方的经济损失补偿。

9. Termination（终止）：合同约定的条件下，解除合同关系。

三、知识产权法1. Intellectual Property（知识产权）：由创造性思维产生的无形资产。

2. Copyright（版权）：保护个人作品的权益。

3. Patent（专利）：保护新发明的独特性和可产业化的权益。

4. Trademark（商标）：区分商品来源的标志。

法律英语考试必读

Part 1 Insurance1. He is a holder of an insurance policy.他是保险单持有人。

2. How long is the period form the commencement to termination of insurance.保险责任起至期限多长？3. Insurance company insured ships and their cargoes against loss and sea.保险公司为船舶和船货承保了海损险。

4. Mr. Rodman is the most heavily insured man in the world, carry $4,000,000 insurance on his life.罗德曼先生是世界上投保最多的人，为自己投了4,000,000美元的人寿险。

5. One kind of insurance policy is the one that covers a named person.有一种保险单是记名保险单6. Parties to an insurance contract are required to exercise the utmost good faith and disclose all relevant matters to each other.保险合同双方当事人都应该尽到最大的善意，并且想到披露所有的相关事实。

7. The coverage is written in the basic form and clauses.保险范围写在基本保险单和各种险别条款里。

8. What cover will you take out?你们准备投保那些险别？9. What do your insurance clauses cover?你们的保险单规定了那些险种？10. Who will play the premium for WPA?水渍险费用由谁负担？Part 2 Real Property1. A man may claim that he owns land by inheritance or purchase from some other person.一个人可能会声称他是通过继承或从他人处购买而拥有土地。

中国政法大学法律英语口语试题及复习资料整理

1. To discuss the differences between the civil law system and the common law system. (P4 )There are many differences between civil law system and common law system.ⅠThe original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.起源地不同，民法起源于古罗马，一般法起源于英格兰Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system.一般法的主要传统渊源是案例法，民法的主要传统渊源是成文法。

因此民法国家用很多成文法典取代一般法国家的不成文法Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.民法法系更多关注实体法，一般法更关注程序规则ⅣThe classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.法的分类不同，民法法系分为公法和私法，一般法法系分为一般法和衡平法Ⅴ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时非常重要。

法学专业英语教程之期法律英语末复习

Unit One :Introduction to the American Legal System1.What is law?Though we used the word “law”very often in our daily conversations,we use it in so many that there is no simple answer to this question.译：何为法律？纵使我们在日常对话中经常用到“法律”一词，我们仍然无法对这个问题简要回答。

w has been defined as a set of rules that govern the actions of people in a com munity.These rules must be followed by citizens,and violation of these rules may give rise to a cause of action in the courts.This view sees law as a set of fixed principles known to lawyers and judges, ignorance if which excuses no one,not even the less knowledge or less affluent members of society.译：法律曾被定义为规范一个群体中人们的行为的一套规则。

公民必须遵守这些规则，违反这类规则将会引起诉讼的案由。

这种观点将法律视为一套被律师和法官所知悉的、固定的规则，不了解这条规则的人并不能因此被免除责任，即使他们文化水平低或经济条件差也不能例外。

3.Another view is that law is a method of establishing order by maintaining authority if a ruler over those ruled.According to this view, law begins only when a coercive apparatus comes into existence to maintain control through enforcement of social norms.The control group need not be agents of a political entity, but may be labor,business,or church organizations.And the coercion can be psychological as well as physical.译：另一种观点认为，法律是统治者通过保持其权威，建立秩序规则，统治被统治者的一种方法。

法律英语考试复习资料

Lesson one1、a cause of action案由2、social norms 社会标准3、substantive law实体法4、procedural law程序法5、resolve disputes解决纠纷6、provide for规定7、be entitled to 有权······8、law of contracts合同法9、private law私法10、public law公法11、constitution law宪法12、administration law行政法13、criminal law刑法14、the law of torts 侵权法15、the civil law system大陆法体系16、the common law普通法17、the operation of the judicial processes司法程序的运作18、the United States Congress美国国会19、judge-made law判例法20、judicial decision 司法决定Lesson twomulti-state transactions 多重性choice of law 法律的选择substantive rights实体权利conflicts of law 法律冲突choice of forum 法院的选择courts of limited jurisdiction 有限管辖权法院courts of general jurisdiction 一般管辖权法院trial courts初审法院inferior court低级法院superior court 高级法院supreme court最高法院circuit court 巡回法院district court区法院appellate court上诉法院intermediate appellate court中级宪法at the discretion of 由······自由裁量court of limited subject matter jurisdiction 有限对事管辖权法院the amount in controversy争议数额diversity jurisdiction多元管辖federal question联邦问题the United States Courts of Appeals美国上诉法院the Court of Appeals for the district of ······特区上诉法院the Court of Appeals for the Federal Circuit联邦巡回法院the Supreme Court of the United States联邦最高法院original jurisdiction初审管辖权Lesson threejudicial process司法程序serve our purpose达到我们的目的regulatory and enabling legislation 规范性和授权性法规the adversary system抗辩制trial procedure 审判程序the inquisitorial system纠问制regulatory legislation规范性法规direct and cross examination直接质证、间接质证procedural safeguards程序保障due process正当程序on his own case 证明自己的立场impartial investigation 不偏不倚的调查resort to law诉诸法律resort to force诉诸武力turn on 取决于，依赖Lesson fourlegal relief 法律救济arbitration仲裁jurisdiction over the person of the defendant对被告的人身管辖权courts of original jurisdiction初审管辖权法院minimum contacts最低限度的联系be filed with 把······登记备案service of process送达give notice to通知service by publication公告送达a motion to dismiss驳回动议pleading-in-answer 答辩状sue对······提起诉讼redress纠正，补救summons传票affirmative defense积极抗辩counter-claim反诉on one’s part(on the part of )就某人而言，在某人一方；某人有责任的under penalty of （违者）以·······惩治in essence实质上default judgment缺席判决Lesson fivepre-trial discoveryquestion sb under oath经宣誓后质问某人lay a basis for为····打基础written interrogatories 质询书the interrogatory party 质询方discovery devices 取证方法compulsory physical examination 强制体检person injury case 人身伤害案discovery procedures 取证程序discovery requests 取证要求the violating party 违反的一方a pretrial conference 审前会议summary judgment 即决判决the opposing party 对方at the pleading stage 起诉答辩阶段decide the case in the mover’s favor of 作出有利于动议方的判决legitimate function 合法功能a fact of life 无法回避的事实interrogatory questions 质询的问题set the case for trial 将案件提交庭审depose 宣誓作证；选时候录取····的证词legitimate合法的Lesson sixthe Seventh Amendment to the Constitution 宪法第七修正案impanel the jury 组成陪审团challenge for cause 相对异议peremptory challenges 绝地异议opening statement 公开声明发言directed verdict 指令性裁决find in his favor 作出有利于他的立场判决non-moving party 非动议方charge the jury 给陪审团上课final argument 最后陈述general information 一般知识the burden of proof 举证责任a preponderance of the evidence 优势证据general verdict 一般裁决special verdict 特殊裁决legal effect 法律后果a nonunanimous verdict 不一致的裁决post-trial motions 审后动议judgment notwithstanding the verdict 推翻陪审团裁决的判决Lesson sevenrender a judgment on default 作出缺席判决a writ of execution 执行令judgment creditor 判决债权人judgment debtor判决债务人garnishment 扣押dispose of 把····处理掉attachment 财产保全exempt from····使····免于，使····不受set aside 撤回，驳回judicial proceedings 司法程序a writ of certiorari 调取卷宗令reverse the judgment 推翻原判written briefs 书面摘要affirm the judgment 维持原判modify the judgment 改判written opinion 书面意见书concurring and dissenting opinion 同意意见和反对意见set forth 陈述，阐明res judicata已决案件Lesson eightstand trial 出庭受审no crime without a law 法无明文规定不为罪due process 正当司法程序deprive sb of 剥夺某人的····double jeopardy 一事不再罚a summary arrest 即行逮捕pursuant to 遵循indictment 控告，公诉书grand jury 大陪审团booking 入册an appearance 出庭a preliminary hearing 预审information （公诉人的）控告，检察官的起诉书arraignment （对被告的）传讯nolo contendere 不争辩，不提异议plead guilty （对控告）表示服罪，承认有罪plea bargaining 认罪辩诉协议narcotics cases 毒品案件on probation 在缓刑期内，在监外执行期内suspended sentence 缓刑conviction 定罪，确认有罪。

《法律英语综合教程》归纳

●法律的分类：A.Public law and private lawPublic law: constitutional law, criminal law and administrative law (行政法)Private law: contract law commercial law tort law property law…B.Criminal law and Civil lawC.Civil law (大陆法) and Common Law（普通法）大陆法的重要特点是强调成文法的作用。

成文法（written law）又称为制定法（statute）Common law（case law）：following the principle of stare decisis 遵循先例●Goddess of law:希腊：TemisRoman：Justitia词汇：administrative agency 行政机关prosecutor 检察官Damages：损害赔偿金punitive/exemplary damages 惩戒性损害赔偿金Lawsuit 诉讼（尤指非刑事案件）institue a lawsuit 提起法律诉讼Miranda waningsStatue of limitations诉讼时效是指民事权利受到侵害的权利人在法定的时效期间内不行使权利，当时效期间届满时，人民法院对权利人的权利不再进行保护的制度。

●Source of law:Constitutions and common law (common law) and statutory law and administrative law statutory law (legislation): 制定法（立法）制定法是由国家享有立法权的机关依照法定程序制定和公布的法律。

●Chinese Court system：中国的人民法院的组织体系分为四级，即设基层、中级、高级和最高人民法院，并设军事、铁路、水运等专门人民法院。

大学法律英语重点

Legal English考试分数占70 上课回答问占10 Presentation 占20客观题填空主观题名词解释占20 判断占80 简答题选择翻译论述题第一章总体介绍重点前五个关键词法系英美法特点两个主义遵循先例三推一1.【legal family 】The doctrine of legal families seeks to establish common groups, identifying similar legal practices, activities and subject matter and thereby classifying the entirety of global legal transactions and activities into "families" according to particular criteria. The traditional and almost exclusive focus on the continental European and Anglo-American systems.法系的信条是争取建立共同的团体,识别相似的法律实践,活动和主题从而将整个全球法律事务和活动分为“家庭”根据特定的标准。

传统的和几乎独有的法律都集中在欧洲大陆和英美系统。

Main characteristic① In the way of thinking and mode of operation of law, the common law system is the use of inductive methods. 归纳法② in the legal form, the case law plays an important role.判例法很重要③In the classification of the law, common law there is not strictly department law In the classification of the law, common law there is not strictly department law 普通法无严格分类 ④In education law area, common law in the United States is mainly located in vocational education.职业教育⑤In the legal profession, judges of the Federal Court of Justice are generally from lawyers. 从律师做到法官4.【遵循先例原则】后文也有此处提到The Doctrine of Stare ; The doctrine of stare decisis; Stare Decisis; the principle of stare decisis; the Precedent Principle.5.【犯罪构成理论：三推一】The theory of constitution of crime in civil law system.犯罪构成理论，强调严格以制定法为依据，将行为人和行为带入犯罪构成体系中进行衡量，得出是否构成犯罪的结论。

法律英语证书(LEC)考试试题库

法律英语证书（LEC）考试试题库法律英语试题库说明:法律英语试题库共分两部分～第一部分为普通法律英语部分～侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。

第二部分为涉外法律英语部分～侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。

Part One:普通法律英语部分I(Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit). ( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 21A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution. Laws or written rules which are passed by Parliament and ( )11 implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, andadjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carryinglaws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A(separate property F. adulteryB(bigamy G. beneficiaryC(custody H. separationD(heir I. necessariesE(nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriageduring a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.2( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate toan incompetent person's station in life, yet not available or providedby parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone otherthan the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)3Exercise 1Institution foundation startprovision statute knowcode experience jurisdictionstill-survive judicature advocateas exercise regardWe are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Courtof_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable ofbeing__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of theearly commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or atleast the common law of Paris.Exercise 2disputes justice pursuitprocedure plaintiff rootsprocedural reliance meansadversary jurisdictions claimsjudgment parties opposingIn all jurisdictions there is general agreement that the goal ofcivil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires4that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our system is often referred to as the _70_ system.Exercise 3for court celebratinglater patted rejecteddrunk her withprison searched ofprosecutor declaring bothOne evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students__76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumbleand fell down; they took him to a nearby shelter.A few days later, a __78__ charged the two armed robbery suspects__79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died__81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” In exchange __82__a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty,5but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a courtorder __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he wouldnot seriously endanger the community.III. Vocabulary and StructureA. Match the words on the left with their definitions on the right.(8 points)86. strategy a) a legally registered design naming the originaldesigner as owner of the design87. tedious b) the name of a product or sometimes the name ofa company88. brief e) a memorable sentence used to advertise aproduct89. brand d) not very interesting and often repetitive90. e) tell someone about something, usually inshareholder connection with work91. slogan f) an owner of shares in a business92. spam g) junk mail93. patent h) a general plan intended to achieve somethingover a period of timeB. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3.(7 points)report to take off set up see to consist ofturn off do without put to go through694. ABM plc ______ four departments.95. Helen Grey ______ to the Personnel Manager.96. John Ross _______ the Maintenance Section.97. _______ the gas before you inspect the back of the cooker. 98. After inheriting a lot of money he decided to ______ his own business.99. I would like to _______ the sales figures with you and find out where the mistakes are.100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.(三)Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.manage post reference to arrangereach enclose require private moreoverstudy enable would particularly available46 Potters LaneWaltonLeicestershire23 April 2002 Mr Peter SellersDirector Human ResourcesCarney and Denham Consultants72 Cromwell RoadNottingham NT7 9GHDear Mr SellersWith 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.I am 35 years old and 1 have considerable experience in engineeringin both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplinedconstruction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.I would be grateful if you could 110 an interview as soon aspossible as I am going abroad next month. I can Be 111 at the above address. I am 112 to start work from I June. Please find 113 my CV.Please do not hesitate to contact me if you 114 any furtherinformation.I look forward 115 heating from you.Yours sincerelyAnne ALexanderAnne Alexander (Ms)8IV. Read the materials and answer the following questions:Exercise 11. Read the following text and answer questions 116-120.Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.Don’t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.When you take a personality test, which is designed to find outabout your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly thereis usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong ideaabout what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone whoyou're not. 116. What is the Exercise mainly concerned with?9117. How should you behave during the day at the selection centre? 118. How should applicants approach giving presentations?119. Does it matter if you answer questions incorrectly in a personality test? Why?120. What does the author say about lying in a personality test?Exercise 2Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.There are whole companies who specialize in offering research onbrand-name connotations to product manufacturers looking for a name fora new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations ‘roam free’, from which meetings they arrive at shortlists of names whosesuitability is then researched further. Names on the shortlists have to pass certain10tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; thatthey have the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel andtherefore be more suitable for the mass market, which was the company’s target.2. Mark statements 121-125 True or False according to theinformation provided in the text above.121. This Exercise is mainly about how to choose names for companies wishing to go global.122. Good names make the right connection between words and ideas. 123. ‘Going Places' is used as an example to show how hard it is to choose a name for a company.124. ‘Destinations' is likely to appeal to wealthy travelers. 125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.Exercise 3Material 1: Jurisprudence: An Overview11The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. Thefirst and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and thesocial sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevantlegal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist andnatural12law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.Material 2: Legal PhilosophyJurisprudence is the philosophy of law and of the legal system.There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.13The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.Aristotle asserted that law existed in nature and could beascertained by man's exercise of his power to reason. The Stoic schoolelaborated on and expanded on the ideas of Aristotle in the thirdcentury B.C. Duringgentium (the law of nations) was the Roman period the concept of jus similar to the earlier Greek natural law theories.St. Thomas Aquinas combined the Greek and Roman schools of thoughtinto a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. Thisposition is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism oranalytical jurisprudence) believe that law should be more scientific and less reliant on blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.Legal positivism originally developed in Europe. The legalpositivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) Asa result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:1. Law consists of rules.2. Law is different from morals.3. The sovereign establishes the rules.4. Legal rules carry sanctions.Legal positivism is best exemplified in the views of Hans Kelsen andH. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law14faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values andgoals of the given populace.The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of thepolitical spectrum from legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as ajustification or explanation for the legal system. Natural law consists of four basic elements:1、 Law is based on the nature of man.2. Legal rights can be discovered by the exercise of reason.3. Law is constant.4. Legal principles must be just and fight.Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:1. The law is a social process, not a body of "rules".152. Law is what legal decision makers actually do about the statutes and rules.Legal realists concentrate on natural law than on rules. Legalrealists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so thatlegal rules need to be just and fight.Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.Answer the questions according to the given materials:126. Is there any difference between jurisprudence and legal philosophy?Why?127. How many schools of jurisprudence as you know? What?are the main legal ideas of the natural legal school? 128. What129. What are the main legal ideas of the positive legal school?。

法律英语复习重点

WhyWhatToolsHowAdditional advice & course descriptionArrangement of the textbookHomeWhat to learn?To learn and refine your own English（扎实的基本功，法律语言句式复杂，长句多）Acquire the language of lawAcquire knowledge of the basic legal conceptsSome features of legal languagecommon words with special meaningOld and Middle English wordsLatin words and phrasesFrench wordsUse of argotLong sentenceWORDS LEGAL MEANINGaction 诉讼Consideration补偿/对价/约因Counterpart副本executed签名使契据生效Hand签字Instrument文件eg. Legal instrument: legal document(1) common words with special meaningWORDS LEGAL MEANINGLetters 许可证Party 诉讼方、合同缔结方、当事人Prayer诉讼请求Presents本文件this legal documentSaid上述的mentioned beforeEg. the said witness 该证人Serve送达Specialty盖印合同sealed contractProvide for 规定Remedy补救办法(2) Old and Middle English wordsIf any of the terms or provisions of this Contract shall be declared illegal or unenforceable by any court of competent jurisdiction, then the parties hereto agree to do all things and cooperate in all ways open to them to obtain substantially the same result or as much thereof as may be possible, including the amendment or alteration of these presents若主管法庭宣布本合同任何条款或规定非法或无效，双方同意将尽最大努力采取一切可行措施，包括修改或更换合同，以取得大体相同或尽可能多的效益here words: hereafter（此后、将来）, hereby（籍此）, herein（此中、此处）, hereinafter（在下文）, hereof, hereto there words: thereby, thereof（因此）, therein（在那里）, thereon, thereto, theretofore, thereupon, therewith aforesaid如前所述said (used as an adjective)Such上述的forthwith立刻thence从那时起, thenceforth从那时起/其后Where words: whereby（由是、因此）, whereof（关于它）witness (used in the sense of testimony by signature, oath, etc. as “In witness whereof, I have set my hand, ...”签字盖章,特此为证witnesseth鉴于(meaning to provide formal evidence of something, the Old English present indicative, third person singular verb form.)(3) Latin words and phrasesalias别名, 化名Alibi不在犯罪现场的证明/不在犯罪现场一种辩护形式bona fide善意/真诚的versus(4) French wordsAction 诉讼Agreement 协议Appeal 上诉arrestarson 纵火assault 袭击attorneys 律师battery 殴打罪bill 法案、议案claim 索取Condition 条款contractevidence 契约法、合同法execution 执行guarantee担保物/抵押品infant未成年人judgesjudgment 审判jurors 陪审员justice(5) Use of argotThe language of the law, sometimes even a particular word, has a dual aspect. Lawyers use language that is intended to speak to lawyers and laymen, as in contracts, jury instructions, notices, and even laws. Lawyers also use language that is intended to speak primarily to each other, as in pleadings, opinions, argument and in the day-to-day negotiation and discussion that is the lawyer's life. In this aspect, a portion of the language of the law is ARGOT, a 'professional language'. E.g.:alleged有嫌疑的casecause of action 原告的起诉原由damages 损害赔偿due care 应有注意inferior court 下级法院issue of fact关于事实的争论点issue of law关于引用法律的争论点pursuant to stipulationreversed and remanded发回重审superior court 高级法院Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence. 任何人与其它公共机构进行任何事务往来时,无合法权限或合理理由而向受雇于该公共机构的公职人员提供任何利益﹐即属犯罪。

Legal English 大学法律英语重点

Legal English考试分数占70 上课回答问占10 Presentation 占20客观题填空主观题名词解释占20 判断占80 简答题选择翻译论述题第一章总体介绍重点前五个关键词法系英美法特点两个主义遵循先例三推一1.【legal family】The doctrine of legal families seeks to establish common groups, identifying similar legal practices, activities and subject matter and thereby classifying the entirety of global legal transactions and activities into "families" according to particular criteria. The traditional and almost exclusive focus on the continental European and Anglo-American systems.法系的信条是争取建立共同的团体,识别相似的法律实践,活动和主题从而将整个全球法律事务和活动分为“家庭”根据特定的标准。

传统的和几乎独有的法律都集中在欧洲大陆和英美系统。

2.【英美法的特点】Main characteristic① In the way of thinking and mode of operation of law, the common law system is the use of inductive methods. 归纳法② in the legal form, the case law plays an important role.判例法很重要③In the classification of the law, common law there is not strictly department law In the classification of the law, common law there is not strictly department law 普通法无严格分类④In education law area, common law in the United States is mainly located in vocational education.职业教育⑤In the legal profession, judges of the Federal Court of Justice are generally from lawyers.从律师做到法官3.【两个主义】4.【遵循先例原则】后文也有此处提到The Doctrine of Stare ; The doctrine ofstare decisis; Stare Decisis; the principle of stare decisis;the Precedent Principle.5.【犯罪构成理论：三推一】The theory of constitution of crime in civil law system.犯罪构成理论，强调严格以制定法为依据，将行为人和行为带入犯罪构成体系中进行衡量，得出是否构成犯罪的结论。

法律英语考试复习：Judicial-最新范文

法律英语考试复习：JudicialAs with the other branches,the U.S. judiciary possesses only those powers the Constitution delegates.The Constitution extended federal jurisdiction only to certain kinds ofdisputes.Article III,Section 2 lists them.Two ofthe most signi？cant are cases involving a question offederal law （all Cases i Law and Equity,arising under this Constitution,the Laws ofthe United States,and Treaties made） and versitycases,or disputes between citizens oftwo different states.Diversity jurisdiction allows each party to avoid litigating his case before the courts of his adversarys state.A second judicial power emerged in the Republics early years.As explaine in Chapter 2,the e Court in the case of Marbury v.Madison （1803） interpreted its delegated powers to include the authority to determine whether a statute violated the Constitution and,ifit did,to declare such a law invalid.A law may be unconstitutionalbecause it violates rights guaranteed to the people by the Constitution,or because Article I did not authorize Congress to pass that kind oflegislation.The power to interpret the constitutional provisions that describe where Congress may legislate is thus very important.Traditionally,Congress has justified many statutesas necessary to regulate commerce among the several States,or interstat commerce.This is an elastic concept,difficult to describe with precision.Indeed,one might for nearly any statute devise a plausible tie between its objectives and the regulation ofinterstate commerce.At times,the judicial branch interpreted the “commerce clause” narr owly.In 1935,for instance the Supreme Court invalidated a federal law regulating the hours and wages ofworkers at a New York slaughterhouse because the chickens processed there all were sold to New York butchers and retailers and hence not part ofinterstate commerce.Soon after this,however,the Supreme Court began to afford President Franklin D.Roosevelts New Deal programs morlatitude,and today the federal courts continue to interpret broadly the commerce power,although not so broadly as to justify any legislation that Congress might pass.。

法律英语考试复习资料

Lesson one1、a cause of action案由2、social norms 社会标准3、substantive law实体法4、procedural law程序法5、resolve disputes解决纠纷6、provide for规定7、be entitled to 有权······8、law of contracts合同法9、private law私法10、public law公法11、constitution law宪法12、administration law行政法13、criminal law刑法14、the law of torts 侵权法15、the civil law system大陆法体系16、the common law普通法17、the operation of the judicial processes司法程序的运作18、the United States Congress美国国会19、judge-made law判例法20、judicial decision 司法决定Lesson twomulti-state transactions 多重性choice of law 法律的选择substantive rights实体权利conflicts of law 法律冲突choice of forum 法院的选择courts of limited jurisdiction 有限管辖权法院courts of general jurisdiction 一般管辖权法院trial courts初审法院inferior court低级法院superior court 高级法院supreme court最高法院circuit court 巡回法院district court区法院appellate court上诉法院intermediate appellate court中级宪法at the discretion of 由······自由裁量court of limited subject matter jurisdiction 有限对事管辖权法院the amount in controversy争议数额diversity jurisdiction多元管辖federal question联邦问题the United States Courts of Appeals美国上诉法院the Court of Appeals for the district of ······特区上诉法院the Court of Appeals for the Federal Circuit联邦巡回法院the Supreme Court of the United States联邦最高法院original jurisdiction初审管辖权Lesson threejudicial process司法程序serve our purpose达到我们的目的regulatory and enabling legislation 规范性和授权性法规the adversary system抗辩制trial procedure 审判程序the inquisitorial system纠问制regulatory legislation规范性法规direct and cross examination直接质证、间接质证procedural safeguards程序保障due process正当程序on his own case 证明自己的立场impartial investigation 不偏不倚的调查resort to law诉诸法律resort to force诉诸武力turn on 取决于，依赖Lesson fourlegal relief 法律救济arbitration仲裁jurisdiction over the person of the defendant对被告的人身管辖权courts of original jurisdiction初审管辖权法院minimum contacts最低限度的联系be filed with 把······登记备案service of process送达give notice to通知service by publication公告送达a motion to dismiss驳回动议pleading-in-answer 答辩状sue对······提起诉讼redress纠正，补救summons传票affirmative defense积极抗辩counter-claim反诉on one’s part(on the part of )就某人而言，在某人一方；某人有责任的under penalty of （违者）以·······惩治in essence实质上default judgment缺席判决Lesson fivepre-trial discoveryquestion sb under oath经宣誓后质问某人lay a basis for为····打基础written interrogatories 质询书the interrogatory party 质询方discovery devices 取证方法compulsory physical examination 强制体检person injury case 人身伤害案discovery procedures 取证程序discovery requests 取证要求the violating party 违反的一方a pretrial conference 审前会议summary judgment 即决判决the opposing party 对方at the pleading stage 起诉答辩阶段decide the case in the mover’s favor of 作出有利于动议方的判决legitimate function 合法功能a fact of life 无法回避的事实interrogatory questions 质询的问题set the case for trial 将案件提交庭审depose 宣誓作证；选时候录取····的证词legitimate合法的Lesson sixthe Seventh Amendment to the Constitution 宪法第七修正案impanel the jury 组成陪审团challenge for cause 相对异议peremptory challenges 绝地异议opening statement 公开声明发言directed verdict 指令性裁决find in his favor 作出有利于他的立场判决non-moving party 非动议方charge the jury 给陪审团上课final argument 最后陈述general information 一般知识the burden of proof 举证责任a preponderance of the evidence 优势证据general verdict 一般裁决special verdict 特殊裁决legal effect 法律后果a nonunanimous verdict 不一致的裁决post-trial motions 审后动议judgment notwithstanding the verdict 推翻陪审团裁决的判决Lesson sevenrender a judgment on default 作出缺席判决a writ of execution 执行令judgment creditor 判决债权人judgment debtor判决债务人garnishment 扣押dispose of 把····处理掉attachment 财产保全exempt from····使····免于，使····不受set aside 撤回，驳回judicial proceedings 司法程序a writ of certiorari 调取卷宗令reverse the judgment 推翻原判written briefs 书面摘要affirm the judgment 维持原判modify the judgment 改判written opinion 书面意见书concurring and dissenting opinion 同意意见和反对意见set forth 陈述，阐明res judicata已决案件Lesson eightstand trial 出庭受审no crime without a law 法无明文规定不为罪due process 正当司法程序deprive sb of 剥夺某人的····double jeopardy 一事不再罚a summary arrest 即行逮捕pursuant to 遵循indictment 控告，公诉书grand jury 大陪审团booking 入册an appearance 出庭a preliminary hearing 预审information （公诉人的）控告，检察官的起诉书arraignment （对被告的）传讯nolo contendere 不争辩，不提异议plead guilty （对控告）表示服罪，承认有罪plea bargaining 认罪辩诉协议narcotics cases 毒品案件on probation 在缓刑期内，在监外执行期内suspended sentence 缓刑conviction 定罪，确认有罪。

法律英语必背单词期末考试法学

法律英语必背单词第一章法律制度Civil Law：民法Economic Law：经济法Legal system：法律制度；法律体系；法系American’s youth：美国建国初期Fifty States：50个州（美国是个联邦制国家，每个州都是一个相对独立的实体，有着自己的宪法和政府组织，因此把state理解成邦国更为准确）The reports of the United States Supreme Court：联邦最高法院判例汇编Stout volumes：巨册Overarching：贯穿始终的National characteristics：民族特性Binding interpretation：有约束力的法律解释Common law：普通法（它是统一适用于整个国家，效力优先于地方习惯法的法律，因此理解成共同法更为准确）Itinerant judges of the English royal court：英国皇家法院的巡回法官Writ：令状Provisions of Oxford：牛津条例（从贵族会议中推选出的24人委员会为限制亨利三世的权力而在1258年制定的一部带有宪法性质的法律）Writ upon the case：本案令状Ex aequo et bono：公平且善良Court of Chancery：衡平法院Maxims：法则Compensatory damage：金钱赔偿Judicial acceptance：司法接纳（即，通过判例法的方式接受）第二章法律职业Legal profession：法律职业The bar：法律职业Multistate Bar Exam：律师资格考试Substantial fraction：大多数Lawyer：律师Attorney：律师Attorney-at-law：律师Counsellor：律师Counsellor-at-law：律师Retain：雇用Practice law：从事律师业务Harlan Fiske Stone：哈兰·菲斯克·斯通，1941年担任最高法院首席大法官Chief Justice：首席大法官Barristers and solicitors：诉讼律师和非诉律师。

法律英语复习重点

WhyWhatToolsHowAdditional advice & course descriptionArrangement of the textbookHomeWhat to learn?To learn and refine your own English（扎实的基本功，法律语言句式复杂，长句多）Acquire the language of lawAcquire knowledge of the basic legal conceptsSome features of legal languagecommon words with special meaningOld and Middle English wordsLatin words and phrasesFrench wordsUse of argotLong sentenceWORDS LEGAL MEANINGaction 诉讼Consideration补偿/对价/约因Counterpart副本executed签名使契据生效Hand签字Instrument文件eg. Legal instrument: legal document(1) common words with special meaningWORDS LEGAL MEANINGLetters 许可证Party 诉讼方、合同缔结方、当事人Prayer诉讼请求Presents本文件this legal documentSaid上述的mentioned beforeEg. the said witness 该证人Serve送达Specialty盖印合同sealed contractProvide for 规定Remedy补救办法(2) Old and Middle English wordsIf any of the terms or provisions of this Contract shall be declared illegal or unenforceable by any court of competent jurisdiction, then the parties hereto agree to do all things and cooperate in allways open to them to obtain substantially the same result or as much thereof as may be possible, including the amendment or alteration of these presents若主管法庭宣布本合同任何条款或规定非法或无效，双方同意将尽最大努力采取一切可行措施，包括修改或更换合同，以取得大体相同或尽可能多的效益here words: hereafter（此后、将来）, hereby（籍此）, herein（此中、此处）, hereinafter（在下文）, hereof, heretothere words: thereby, thereof（因此）, therein（在那里）, thereon, thereto, theretofore, thereupon, therewithaforesaid如前所述said (used as an adjective)Such上述的forthwith立刻thence从那时起, thenceforth从那时起/其后Where words: whereby（由是、因此）, whereof（关于它）witness (used in the sense of testimony by signature, oath, etc. as “In witness whereof, I have set my hand, ...”签字盖章,特此为证witnesseth鉴于(meaning to provide formal evidence of something, the Old English present indicative, third person singular verb form.)(3) Latin words and phrasesalias别名, 化名Alibi不在犯罪现场的证明/不在犯罪现场一种辩护形式bona fide善意/真诚的versus(4) French wordsAction 诉讼Agreement 协议Appeal 上诉arrestarson 纵火assault 袭击attorneys 律师battery 殴打罪bill 法案、议案claim 索取Condition 条款contractevidence 契约法、合同法execution 执行guarantee担保物/抵押品infant未成年人judgesjudgment 审判jurors 陪审员justice(5) Use of argotThe language of the law, sometimes even a particular word, has a dual aspect. Lawyers use language that is intended to speak to lawyers and laymen, as in contracts, jury instructions, notices, and even laws. Lawyers also use language that is intended to speak primarily to each other, as in pleadings, opinions, argument and in the day-to-day negotiation and discussion that is the lawyer's life. In this aspect, a portion of the language of the law is ARGOT, a 'professional language'.E.g.:alleged有嫌疑的casecause of action 原告的起诉原由damages 损害赔偿due care 应有注意inferior court 下级法院issue of fact关于事实的争论点issue of law关于引用法律的争论点pursuant to stipulationreversed and remanded发回重审superior court 高级法院Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.任何人与其它公共机构进行任何事务往来时,无合法权限或合理理由而向受雇于该公共机构的公职人员提供任何利益﹐即属犯罪。

法律英语期末复习题汇总

法律英语期末复习资料一、定义1、Legal English: is the type of English as used in legal writing. It has beenreferred to as a “language for special purposes” ,as legal English differs from ordinary language in vocabulary ,morphology ,syntax ,and semantics ,as well as other linguistic.2、Legal assistant: another term for paralegal.3、Legal technician: a term used to describe a nonattorney who isauthorized to engage in a limited practice of law.4、Precedent: the example set by the decision of an earlier court for similarcases or similar legal questions that arise in later cases.5、Stare decisis: ”it stands decided”; another terms for precedent.6、Bar-examination: an examination administered by a state that tests anindividual’s knowledge of the law and is a prerequisite to being allowed to practice law.7、Federalism: a system of government in which the people are regulatedby both federal and state governments.8、Exclusive jurisdiction: when the power to regulate an area belongssolely or exclusively to either the federal or state government, we say that the government has exclusive jurisdiction.9、Concurrent jurisdiction: when both the federal and state governmentshave the right to regulated an area, those governments have concurrent jurisdiction: eg. income tax; crime.10、Supremacy clause: the clause in the U.S. Constitution making theConstitution and the laws of the United States the supreme law of the land.11、Jurisdiction: the power or authority to act in certain situation; the powerof a court to hear cases and render judgments.12、Original jurisdiction: the power of first hear a case; court of originaljurisdiction is where trial takes place.13、Trial: the open-court process where all parties present evidence,question witnesses, and generally put their case before the court.14、Appellate jurisdiction: the power of a court to review what happened in alower court.15、Bicameral(+NO.16): a term that describes a legislature consisting of twohouses.16、Separation of powers: the constitutional doctrine that each of the threebranches of government has separate and distinct powers.17、Judicial review: the power of the courts to review statutory law todetermine of the law is constitutional. (ppt：this power gives the courts the right to review legislative enactments and to determine if any law is inconsistent with the constitution is unenforceable)18、Freedom of speech: by allowing citizens to speak out freely aboutimportant issues and political leaders, this right plays a vital role in shaping U.S.19、Interstate commerce: transactions that take place between two or morestates that have an economic impact.20、Rational basis test: a test used by the courts when examining theconstitutionality of a law; requires that the law have a reasonable connection to a legitimate state purpose. (ppt：any law interfering with these rights must be reasonably related to legitimate state interest.) 21、Free exercise clause: the clause in the first amendment that prohibitsgovernment from enacting any law that interferes with any person’s right to freely practice a religion.22、Establishment clause: the clause in the first amendment that prohibitsgovernment from enacting any law that results in the establishment of a religion.23、Checks and balances: the constitutional doctrine that each of the threebranches of government operates as a check on the power of the other branches.24、Substantive due process: a requirement of the Fifth and FourteenthAmendments that governments not enact laws that deprive a person of life, liberty, or property unless the laws serve a legitimate purpose and are either related to or necessary to achieving that purpose.25、Procedural due process: a requirement of the Fifth and FourteenthAmendments that, unless special circumstances exist, government not deprive a person of life, liberty, or property without notice and the opportunity for a fair hearing.26、Bill of rights: a list of citizen basic rights. the first ten amendments to theconstitution.27、Sources of law: places when laws are found.28、Constitution: a document whose primary purpose is to establish agovernment and define its powers.29、Common law: a body of law developed through the courts.30、Bill: proposed legislation. (ppt：in our federal system, just as in any statesystem, proposed legislation can be drafted by a member of Congress or by any interested individual or group. when drafted, the proposal is known as a bill.)二、简答、论述1、法律英语的类型（适用的场合）（a）academic legal writing as in law journals（b）juridical legal writing as in court judgments, and（c）legislative legal writing as in laws, regulations, contracts, and treaties.Another variety is the language used by lawyers to communicate with clients requiring a more “reader-friendly” style of written communication than that used with law professionals.Including: legal documents: contracts / licenses,etc.; court pleadings: summonses/briefs/judgments , etc.;Laws: Acts of Parliament and subordinate legislation/case reports; legal correspondence;2、法律英语特点1 use of terms of art2 These terms of art include ordinary words used with special meanings3 use of doublets and triplets4 unusual word order5 use of pronominal adverbs6 use of phrasal verbs3、Common law的三种定义A. Common law as opposed to statutory law and regulatory law(成文法)B. Common law legal systems as opposed to civil law legal systemC. Law as opposed to equity(衡平法)4、Common law特点mon law is generally uncodified. that the judicial decisions have already been made in similar cases.2.It is largely based on precedents.3.I t is determined by the presiding judge.4.It is an adversarial system.5.A jury of ordinary people without legal training decides on the facts of the case.The judge then determines the appropriate sentence based on the jury's verdict.5、如何成为律师1、bachelor degree of other subject (4 years)2、master of law (3 years)3、pass the BAR exam6、律师的职业范围The career as an attorney1.Can work in privately owned law firm (different forms).2.Can works for local, state or federal government.3.Can work in legal departments of corporation or insurance.7、律师必备的基本技能1、Oral and written communication skills2、Research skills3、Critical thinking and analytical skills4、Organizational skills5、General office and computer skills6、Paralegals must have a basic knowledge of the legal system, substantive7、law, and legal procedures.8、Ethical Responsibilities of Paralegals道德责任的律师助理（禁区）Paralegals cannot engage in the unauthorized practice of law. They cannot appear in court or give legal advice. However, under the supervision of an attorney, they can perform many tasks often done by lawyers, such as interviewing clients, drafting legal documents, and doing legal research.律师助理不能从事未经授权的法律实践。

法律英语期末考试部分总结（仅供参考）

法律英语期末考试部分总结一、词汇（一）诉讼词汇1.Damages--损害赔偿2.Joint and several liability—负有连带责任的3.Retainer—律师雇佣协4.Appearance（enter an appearance）--呈交应诉书，出庭5.Attorney of record—记录在案的律师6.Wrongdoer—侵权人，违法犯罪者7.Forum—法院8.Estate—不动产，地产，财产9.Diversity of citizenship—居民多样化身份10.Venue—具体审判地plaint—起诉状12.pleading—诉讼文书13.Plaintiff –原告14.Cause of action—诉由15.Ad damnum—索赔条款16.Jury trial—陪审团陪审17.Service of process--送达18.Summons—传票，传唤19.Process server—送达人20.Affidavit—宣誓书20.Statute of limitations—诉讼时效21.In personam jurisdiction—属人管辖权22.Procedural law—程序法，诉讼法23.Answer—答复书24.Default judgment—缺席判决25.Defense—辩护26.Affirmative defense—积极抗辩27.Counterclaim—反诉28.Tangible evidence—实物证据29.Introduce—采用，提出，30.Set for trial—安排审判31.Bailiff—法警32.Voir dire—预备询问，预先审查33.Challenge for case—有因回避请求34.Rule on witness—证人规则35.Burden of proof—举证责任36.Overrule—驳回37.Objection—反对,异议38.Recess—休庭，休息39.Move……into evidence—请---（法庭）采纳证据40.Rest one’s case—举证完毕41.Adjourn—休庭42.Directed verdict—直接裁决43.Take……under advisement—搁置44.Standard of proof—举证规则45.Closing argument—终结辩论46.Judgment—判决47.Appeal—上诉48.Stay—中止执行49.Notice of appeal—上诉通知书50.Bond—债51.Res judicata—一事不再理原则52.Appellant—上诉人53.Appellee—被上诉人54.Brief—上诉状55. Opinion—意见书56.Affirm—维持57.En banc—全席听审58.Prosecution--，(刑事)检控59.Indictment—公诉书60.Arraignment—提审，控告（二）笔记中词汇1.false imprisonment—非法拘禁2.null and void—无效的3.lodging suit –提起诉讼4.The Intermediate People’s Court—中级人民法院5.unjustly enriched—不当得利6.Pecuniary loss—经济损失7.cause of action—诉由8.Patent infringement action—专利侵权诉讼9.subpoena—传票10.Good Faith Clause—诚实信用条款11.principal offender—首要罪犯12.accomplice under duress—胁从犯13.quid pro quo—对价交换14.valid consent—有效允诺15.justice delayed is justice denied---迟到正义不是正义16.party in breach—违约方17incidental damages—附带损失18.loss of profit—利润损失二、句子改错（一）使用实意动词，减少be动词的使用。

法律英语复习

题型：1、汉译英10*2’（一课两题，两个以上单词构成的短语，专业复合词）2、英译汉10*1’（一课两题，两个以上单词构成的短语，专业复合词）3、句子翻译（汉译英）5*6 （每课一题，应该是从课后练习题中出）4、段落翻译（英译汉）1*20’（会涉及到第六课的生词）5、写作1*20 （老师曾布置过第五课的P50页的作文，不知会否从课后题出）Lesson 1短语：cause of action 案由at hand 近在手边，手头（的）civil law 大陆法common law 普通法give rise to 引起provide for 规定compensate (sb.) for 补偿(某人的)…be entitled to 有权…，有资格…be entitled to 有权……，有资格……单词：Coercive 强迫的，强制的enforcement 实施，强制执行norm 标准，规范Entity 实体legislative 立法的，立法机构创立的judicial 司法的adherence 遵守procedure 程序lawsuit 诉讼，案件appeal 上诉breach 违反constitution 宪法的tort 侵权litigation 诉讼compensate 补偿adjudicate 判决statute 成文法，法条precedent 先例，判例1、法律是一组规则，违反这些规则将引起案由，可在法院起诉。

Law is a set of rules. Violation of these rules may give rise to a cause of action in a court.2、一种流行的观点认为法律不仅仅是一组规则，而且还是为使人们遵守规则而采取的行动。

One popular view of law holds that law is not only a set of rules, but also actions for the purpose of adherence to these rules.3、不管怎样界定法律，法律离不开一个强制性机构，这个机构通过强制人们遵守社会规范而保持控制。