法律英语(沙丽金第二版) 参考译文 完整版Lesson1-16
沙丽金版法律英语ppt课件
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
actual confinement awareness of the confinement by the
person so confined
False Imprisonment
absence of a reasonable means of escape
Remedies
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
1b-case law沙丽金版法律英语
Although the Supreme Court has
changed the law and overruled the decision reached in Case 1, Plaintiff A still cannot bring his suit again and prevail in his claim:
The Common Law Doctrine of Precedent
The Doctrine of Precedent
Also the Principle of Stare Decisis:
Past judicial decisions are formally and generally binding for the disposition of factually similar present controversies.
The Weight or Influence of a Precedent
It is greatly affected by whether it was a
„higher court‟ decision or a „lower court‟ decision:
A „higher court‟ decision will have greater weight as precedent than a „lower court‟ decision. The decisions of a trial court are not likely to have much force as precedent except in future cases in the same trial court.
法律英语翻译
Infant：在法律上是指21岁或18岁以下的人 Demise：在日常英语中有许多意思，如死亡、终止、失败、
职位的丧失等 在法律上，它专指财产的转让，或称让渡，或遗赠， 如指死亡亦是专指引起财产或权力转让的死亡
每一个法律术语只能表达一个特定的 法律概念。法律术语的词义必须单一而固 定。任何人在任何情况下必须对其有同一 的解释。不仅法律专门术语要求词义单一， 由民族共同语转化而来的法律词汇也必须 表达单一的法律概念。有些民族共同语属 于多义词，但是其中一个义项在法律语境 中有特定的法律含义，这种法律词汇也被 称为人工法律术语。例如“ assignment” 在 法律语境下表示“权利或财产的转让”， 而不表示在日常用语中的“任务”的含义， “ deed” 不是日常所说的“行为”而是指法 律中的“契约”。
In case of any divergence of interpretation, the English text shall prevail.
3. 合营企业的一切活动应遵守中华人民共和国法律、 法令和有关条例规定。
All the activities of a joint venture shall comply with the provisions of the laws, decrees and pertinent regulations of the People’s Republic of China.
Existing problems
滥用 “shall”
1. 如乙方有违反本合同的行为，…… 译一：If Party B shall commit any material breach of this Contract, … 译二： If Party B commits any breach of this contract, …
法律英语沙丽金版阅读文本问题答案
法律英语沙丽金版阅读文本问题答案Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legalsystems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument thanoral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is calleda justice of the supreme court of that state, while a man who holds anequivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of thefederal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization,or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitutionto the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources, 6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute ina country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) theinternal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it willbe recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand(d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—bywhich disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or shepresumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff 5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in sucha manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liabilitydoctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts andunilateral contracts?A bilateral contract is one in which the parties exchange promises to do somefuture act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded bythe corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What arethey?Minors are under an obligation to return any considerationreceived under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms. 10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history. 6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases? Delivery up, damages and an account of profits。
高教指定教材《法律英语》译文
高教指定教材《法律英语》译文第一部分特点与特点美国既是一个专门新的国家也是一个专门老的国家。
与许多别的国家相比它是一个新的国家。
同时，它还因新人口成分和新州的加入而连续更新，在此意义上，它也是新国家。
然而在其它的意义上它是老国家。
它是最老的“新”国家——第一个由旧大陆殖民地脱胎而出的国家。
它拥有最古老的成文宪法、最古老的连续的联邦体制以及最古老的民族自治实践。
美国的年轻（性）有一个专门有意思的特点确实是它的历史肇始于印刷机发明之后。
因此它的整个历史都得以记录下来：确实能够专门有把握地说，任何其它国家都没有像美国如此全面的历史记录，因为像在意大利、法国或者英国过去的传奇中湮没的那样的事件在美国都成了有文字记载的历史之一部分。
而且其记录不仅全面，还专门浩繁。
不仅包括那个国家自1776年以来的殖民时期的记录，还有当前五十个州以及各州和联邦（nation）之间错综复杂的关系网络的历史记录。
因此，据一个专门简单的例子，美国最高法院判例汇编有大约350卷，而一些州的判例汇编也几乎有同样多的卷数：想研究美国法律史的读者要面对的是超过5000巨卷的司法案例。
我们不能说一个文件或几个文件就能揭示出一国人民或其政府的特性。
但假如横跨一百多年的千百万个文件敲出始终如一的音调，我们就有理由说这确实是其主调。
当千百万个文件都以同样的方式去解决同样的中心问题，我们就有理由从中得出能够被称为国民特定的确定结论。
第二部分一般法和衡平法同英国一样，美国法律制度从方法论上来说要紧是一种判例法制度。
许多私法领域仍旧要紧是由判例法构成，广泛而不断增长的制定法一直受制于有约束力的（说明制定法的）判例法。
因此，判例法方法的知识以及使用判例法的技巧关于明白得美国法律和法律方法是极其重要的。
从历史的角度来看，一般法确实是由英国皇家法院的巡回法官的判决所得出的一般的一样法——优于地点法。
采纳或执行某项诉讼要求是以存在法院令状这种专门形式的诉为前提的，而这就使最初的一般法表现为由类似于古罗马法的“诉”所构成的体系。
法律英语翻译1-8课翻译(打印版)
第一课PART one美国是一个即年轻又古老的国家,一个与很多国家相比很年轻的国家.同时,它因新人口的成份和新州的加入而持续更新,在此意义上,它也是新国家.但另一方面它是最古老的年轻国家——第一个从旧大陆殖民中脱胎而生的国家，它有最古老的成文法规、最古老的持续的联邦体系、最古老的自治政府惯例。
美国的年轻性最有趣特征之一就是美国历史是印刷发明以后的历史，这正是美国历史记载的全部。
更确地说，与美国相比，没有那个国家的历史有如此广泛的记载。
因为那些在意大利、法国或英国过去的传说中湮没的那些事件是美国历史有文字记载历史的一部分。
美国历史不仅复杂而且繁多。
它不仅包括殖民时代的记载和国家从1776年开始的记载，而且包括当前50个州和各州与联邦之间错综复杂关系的记载。
一个非常明显的例子，联邦最高法院判例汇编有350册以上，州法院判例汇编几乎同样多。
想要探索美国法律历史的人面对的是5000多巨册的法律案例。
没有哪一个文件或者少数文件可以准确地揭示一国人民或政府的特征。
但当一百多年来成百上千的文件敲击出始终如一的音调时，我们可以说这就是基调。
当成百上千的文件以相同的方式解说相同的包罗万象的问题时，从文件中确凿的推论，我们可以阅读出来被我们可称之为的国家特征。
PART TWO美国法律体系,像英国一样,从方法论上讲主要是判例法体系.私法的大多数领域主要包括判例法，以及广泛的不断增加的成文法。
这些成文法继续通过判例法受制于有约束力的法律解释。
对美国法律和法学方法论的理解，判例法知识和从事判例法工作的技巧是同等重要。
普通法在历史上是普通综合法，由英国皇家法院的巡回法官作出的，地位高于地方法。
某项诉讼请求的强制执行是以法院令状这以特殊诉讼形式存在为前提的，而这就是最初普通法表现的“诉讼行为”构成的体系，类似于古罗马法。
（在1227年）如果有法院令状，诉讼请求就会被强制执行。
没有法院令状的诉讼请求就没有追索权，因而该诉讼请求就不存在。
法律英语参考译文 完整版Lesson1-16
当然，对法律编纂的目标也有回应。倡导法典编纂者认为这会使法律的确定 性，统一和系统的法律记载更有可能，而反对者声称法典编纂会导致法律僵化。
普通法 普通法构成了历史作为英国领地和英国殖民地国家的主要法律。它
市民法是世界盛行的法律体系，它源于罗马法，没有详尽的规则系统，通常 是法典式的，它被法官应用和解释。然而，现代法律系统是 19 世界法典编纂运 动的派生物，在那期间大多数重要法定（尤其是拿破仑法典和德国民法典）诞生 了。
市民法以罗马法为基础，尤其是《查士丁尼民法大全》，后来在中世纪由中 世纪的法官发展。对罗马法的吸收接纳，不同国家有不同的特点。在一些国家， 它的影响来自于立法机关的法令，亦即罗马法成为有建设性的法律。而在另一些 国家，罗马法则在法律理论家主张的审核程式上被接受。
于，来源于 live under 在……统治下生活）
普通法和制定法存在于美国法律制度中。在历史发展进程中，法律的某些部 门几乎不由制定法所控制，而是由司法判决所控制。例如，合同法大部分内容就 是在英国法律制度的演进中由普通法的法官发展出来的。当然，这并不意味着这 一法律部门就不存在立法。立法机关实际上也制定涵盖合同内容的法律，立法广
法由规则的全部所组成。这些全部的规则在构建的政府机关下被适应、被执 行，以确定什么样的行为是正确的、什么样的行为是可被允许的、以及什么样的 行为是应被否定或惩罚的。
没有法律，社会就会处于无政府状态。法律是社会赖以生存的手段，它提供 个人保障，它建立制度和维持社会秩序、保持社会秩序、保证社会健康和安全， 它提供一个和平解决争端的方式，它维持人与人之间在经济关系中的稳定性和灵 活性，以及它禁止对社会有破坏性的行为。规章制度反映其所实施的社会和时代。 法律的发展是符合实际的，它在其日常运作中随着社会对合理性和灵活性的需求 而发展。
法律英语汉译英
法律英语汉译英（专业词汇部分）Unit One第一课美国联邦下的法律1.成文法 statutory law★2.普通法 common law3.判例法 case law4.立法机构 legislature5.法院 court6.宪法 Constitution7.立法权 law-making power8.私法 private law9.合同法 contract law10.侵权法 tort law11.商法 business law12.公司法 corporate governance law13.专利和版权 patent and copyright14.合同/契约争议 contractual disputes15.刑事案件 criminal case16.民事案件 civil case17.民事侵权诉讼 civil tort actions18.家庭法 family law19.法律选择 choice of law20.多个司法管辖区 multi-jurisdiction21.诉讼 litigation/lawsui t/suit/action★22.实体权 substantive right23.准据法/适用法 applicable/governing/proper law★24.签订 conclude25.证券欺诈案件 a case include claims of securities fraud26.履行 perform27.履行地 performance28.受理/处理案件 to hear the case★29.原告 plaintiff★30.被告defendant★31.与合同最密切联系most involved with the contract32.选择法庭 choice of forum第二课双重法院体系1.司法的 judicial2.初审法庭 trial court3.终审法院 court of last resort★4.上诉法院 court of appeals5.上诉，申诉 appeal…to6.证人 witness7.证据 evidence8.陪审团 jury9.查明事实的人，事实发现者 fact-finder10.上诉的，有权受理上诉的 appellate11.遗嘱 probate12.小额诉讼法院 small claims court13.律师 attorney14.程序 procedure15.提出（申请） file★16.申请小额索赔 file claims for small sums of money17.定罪 conviction★18.仲裁人，公断人，裁决人 arbiter19.最高法院 the Supreme Court20.先例 procedureUnit Two第一课抗辩制1.上诉人 appellant2.被上诉人 appellee3.诉由,案由 cause of action★4.向某人提起诉讼，到法院告某人 to bring an action/lawsuit against sb.5.第三那人被告 third-party defendant6.庭审程序 trial procedure★7.英美法系国家的司法程序 Anglo-American judicial procedure8.认定事实 find the fact9.证据 submission10.抗辩制 adversary system11.提起诉讼 begin suit12.界定争议 shape the issues13.出示证据 produce evidence14.争议当事人 parties to the controversy15.纠问的 inquisitorial16.庭前调查 pre-trial investigation17.大陆法传统 civil law tradition18.庭辩风格 style of presentation and argument19.有利害关系的当事人 interested parties第二课开启一个诉讼1.起诉 sue2.诉讼当事人 litigant3.司法救济，救济；减轻，缓解 relief4.提供法律救助 to furnish a relief5.纠正，补偿 redress6.诉诸法院 bring to court★7.和解 settlement★8.仲裁 arbitration9.自力救济 self-help10.搁置纠纷 let matters rest11.损害赔偿 damages★12.实际履行 specific performance13.对事管辖权 jurisdiction over the subject matter14.对人管辖权 jurisdiction over the parties15.管辖权 jurisdiction16.违约之诉 damages for breach of contract17.法庭 forum18.最低限度联系 minimum contacts19.实体公正 substantial justice20.审判地 venue21.规定（援引法条） provide/read第三课诉状和对抗诉状的动议1.诉状 pleading2.起诉状 complaint3.向法院提交诉讼状或答辩状/办理立案 to file a pleading/lawsuit with the court4.陈述，阐明 to set forth5.书记员 clerk6.传票 summons7.出具传票 to issue a summons8.向某人送达传票、起诉书、法律文书to serve a summons, complaint, legaldocument on sb.9.通知 notify10.同意出庭 an entry of appearance11.指控，声称 allegation12.成为争议问题 put in issue13.积极抗辩 affirmative defense14.反诉 counterclaim15.(用辩解)减轻 extenuate16.未到庭，未履行义务 to be in default17.驳回 dismiss18.传票送达 service of process/service of summons19.法律上的充分性 legal sufficiency20. 提出异议，反对 challenge第四课调查取证1.庭前取证，调查 pre-trial discovery2.录取证词，宣誓证明 depose3.证词笔录,书证 deposition4.宣誓 under oath5.书面质询 written interrogatories6.人身伤害案件 personal injury case7.保持中立 take no part8.意外因素 surprise element9.争议 controversy10.律师 counsel11.庭前会议 pretrial conference12.即决判决，简易判决 summary judgment13.书证，书面陈述 affidavit14.提出请求即决判决的动议 make a motion for summary judgment15.（证据）允许提出的，可采纳的 admissible16.扰乱对方 harassment of an opponent17.要求对争议进行庭审的申请 notice of trial/issue第五课庭审1.主张…..权利 assert the right to2.将……列入陪审员名单 impanel3.组成陪审团 to impanel the jury4.绝对异议权 peremptory challenge★5.候选陪审员 prospective juror6.以明确的理由对陪审员候选人提出异议 to challenge a prospective juror forcause7.发誓 swear8.开案陈词 make opening statements9.询问证人 examine the witness10.出示文书 produce the document11.证据，物证 exhibit12.直接质证 direct examination13.交叉质证 cross examination14.不允许出示的证据 inadmissible evidence15.举证完毕 rest16.指令裁定（法官指令陪审团作出的裁定） directed verdict17.否决，驳回 overrule18.（法官）对陪审团的指导 jury instruction/jury charge/charge to the jury19.结案辩论 final argument20.判决某人胜诉 to enter a judgment for sb.21.判决某人败诉 to enter a judgment against sb.22.举证责任 burden of proof23.有分量的证据，占优势的证据 preponderance of the evidence24.退庭 retire25.（陪审团）未能达到足够多数人赞同的，未能做出决定的 hung26.法官推翻陪审团才定的判决 judgment notwithstanding the verdict(judgmentn.o.v)27.达成裁定 reach verdict第六课上诉和执行1.执行 enforcement2.复审 review3.中级法院 intermediate court4.初审法院 trial court5.下级法院 lower court6.斟酌，自由裁量 discretion7.由……斟酌决定，由…..自由裁量 at the discretion of8.推翻原判，逆转 reverse9.维持原判，确认，确信 affirm10.认定事实 determination in question11.上诉担保书 appeal bond12.抄本，复本，文字记录 transcript13.命令 decree14.(不服下级法官判决)进行上诉 to appeal from (a decision of a lower court)15.口头辩论 oral argument16.判决（意见）书 opinion17.败诉方 losing party18.债权人 creditor19.重新审理 rehear20.执行令 writ of execution21.行政司法长官，县治安官 sheriff22.发回重审 remand23.动产 personal property24.判决债务人 judgment debtor25.收益 proceeds26.不动产 real estate/real property27.未清偿判决债务由司法行政官主持的拍卖 judicial sale28.留置权，扣留权 lien29.对…..有司法留置权 to have a judicial lien on30.留置，扣押（动词） garnish31.留置，扣押（名词） garnishment32.扣押（动词） attach33.扣押（名词） attachment。
沙丽金版法律英语
2021/10/10
15
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
The person falsely imprisoned may sue the offender for damages.
2021/10/10
10
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
2021/10/10
7
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
(完整word版)法律英语单词(自己整理的)
董事；经理指挥公司业务，构成董事会，为公司决策机构board of directors 主管；指导者；管理者 officer代理人；代表，尤用于公司法中授权授权委托书；代理委托书n.股东；股票持有人 share:股份份额liability"1.责任:the state of being legally obliged and responsible2.债务an obligation to pay money to another party3.不利因素the quality of being something that holds you back"insolvent1.破产者；无力偿还者:someone who has insufficient assets to cover their debts 2.破产的；无力偿还的unable to meet or discharge financial obligationscreditor"1.债权人，贷方:a person to whom money is owed by a debtor; someone to whom an obligation exists"shareholder 1.股东a person who owns shares in a companypierce the corporate veil1.揭开公司面纱：a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholderspromissory estoppel 1.允诺后不得否认的原则 a doctrine that prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise.detriment"1. 损害,伤害a damage or loss"promisee1.受约人，承诺人a person to whom a promise is madepardon"1. 原谅the act of excusing a mistake or offense 2.赦免be officially allowed to go free and are not punished"commute1.通勤a regular journey of some distance to and from your place of work 2.减刑change a penalty for a less severe one 3.代偿exchange or replace with another, usually of the same kind or categoryrepeal 1. 废除an official or legal cancellationStatute of Frauds 1.反欺诈法an act for prevention of frauds and perjuriesabolition1 废除,废止.the act of abolishing a system or practice or institutioninvoluntary manslaughter 1.过失杀人罪the unlawful killing of a human being without malice aforethought, either express or impliedintoxicated 1.喝醉的stupefied or excited by a chemical substance (especially alcohol) secular"1.世俗的，非宗教的have no connection with religion 2.(对宗教家而言的) 俗人someone who is not a clergyman or a professional person"legal representative 1.法定代表人a personal representative with legal standing auditor"1.审计员a qualified accountant who inspects the accounting records and practices ofa business or other organization2.旁听生a student who attends a course but does not take it for credit3.听者someone wholistens attentively"The Bill of Rights 1.a document, frequently but not essentially, of high standing in CONSTITUTIONAL LAW, which sets out protections for the citizen, usually from the state itself.2.In the UK, an Act of the English parliament in 1689 on the assumption of the throne by William and Mary.3.In the UK, an Act of the English parliament in 1689 on the assumption of the throne by William and Mary.。
21世纪法学系列双语教材公司法翻译
目录第一章你的客户想经商 (1)第二章公司是什么 (10)第三章决定是否和如何注册 (16)第四章公司结构 (20)第五章你想成立一个封闭式公司吗？ (30)第六章管理者与董事职责 (37)第七章融资 (47)第八章股东权利 (55)第九章资本与分配 (62)第十章股东诉讼 (70)第十一章合并、收购和解散 (78)第一章你的客户想经商P1一个律师被一个想经商的客户保留下来。
有几种类型的商业实体（经商方法；公司与合伙企业是许多选择中的两种）。
法律秘书和律师助理协助律师在客户面前面谈，获得事实和信息，准备适当的形式和协议，进行法律研究和记录文件。
有必要找出客户有什么样的实力。
然后，你必须与律师讨论适合的实力选择。
律师向客户解释了不同的方式去经营业务，每一个优点和缺点，然后决定与客户的最佳运载工具，以实现客户的目标。
P2商业实体的类型：独资经营一般合伙企业有限责任合伙公司企业封闭式公司股份有限公司有限责任合伙合资企业，商业信托，专业公司，非营利性公司和公营公司不是法律公司的。
日常工作，更属于专业领域。
独资经营：独资企业是由一个人拥有的企业。
它很容易成立并且一般在口头上就能成立。
通常，国家和市政机构没有必要提交申请。
它不是法人实体。
这意味着你不能以公司的名义请求、被请求或者买卖财产。
例如，ABC披萨店被史密斯先生拥有，你要经营的话就必须请求史密斯先生。
琼斯想要作为一个独资经营者从事管道业务。
他租了一个仓库并把名字放在窗户上。
“琼斯的管道”。
他现在是一个独自经营者，他接收所有他公司的利润。
他经营者公司，雇佣、解雇以及做一切商业决定。
如果公司有亏损，他承受损失。
琼斯可能投资了500美元开始他的事业。
不管引发多少数量的债务，他都以个人名义承担。
独资经营主要的劣势是个人的无限责任。
如果管道业务经营者驾驶他的车去顾客家修理管道，但是却发生了意外，撞伤一个人，导致这个人将不能再走路、工作，那么这个哪位经营者将个人承担大量的赔偿。
法律英语教程第2单元texta翻译[最终版]
![法律英语教程第2单元texta翻译[最终版]](https://img.taocdn.com/s3/m/f1223d2354270722192e453610661ed9ad51550a.png)
法律英语教程第2单元texta翻译[最终版]第一篇：法律英语教程第2单元text a翻译[最终版]例如，在重申了其1973年的堕胎裁定的1992年裁定中，最高法院以“一种强烈地分裂的争议”的方式谈及了堕胎案，这种争议“有寻常案件的判决所不具有的维度”。
这种“罕见的有先例的力量”在“最高法院对宪法的解释要求国家级争议中争先的一方通过接受一项普通的指令来停止其国家分裂行为，这一指令通常是有碍的而且有先例的会产生寻常非宪法案件中产生的司法裁定。
（？）”第二，尝试都没有考虑“测试性的个案”诉讼，这种诉讼现在在最高法院以及下级的联邦法院例行公事地考虑。
许多讼案都是超越了任何一方的私人利益的真正地“公开法律诉讼”。
在整体上，焦点反而几乎只在被提起的议题以及他们对公众的影响上。
一个例子就是集体诉讼案，在其中，最初的原告以及他/她的问题可能就是全部，但却有可能被遗忘，但是诉讼无论如何会代表着处于相似境遇的待定的一群人继续下去。
最终，一如将要在下一部分被讨论和在案件中被展示的，宪法条款的解释将远异于法庭将涉及的“寻常”颁布的法律的解释。
确实，一些人暗示美国的宪法审查根本就不是司法的，它被更准确地描述为被“小心地隐藏”在法庭终止法律的“谎言”背后的。
我们早已看到“司法的哲学”是怎样被感受到/在司法决策中发挥着重要的作用的。
许多“司法哲学”的元素都触及了基本的政治价值这一点是很清楚的。
如果这一点需要证据，那只需要看一看司法选举的过程即可，尤其是在最高法院级别的，它们作为一种党派选举运动是最政治化和最怀恶意的。
第二篇：大学英语口译教程答案第2单元Unit 2 Passage 1 英国女王2009 圣诞致词过去每年似乎都各具特点。
一些年份让我们心满意足，一些年份则最好忘却。
2009 年对很多人来说都是艰难的一年，尤其是那些深受经济衰退之苦的人们。
我相信，我们所有人都受到阿富汗战事影响，为英军士兵伤亡感到悲伤。
我们向这些士兵的家人和朋友表示慰问，他们面对巨大个人损失表现得无比高尚。
沙丽金老师讲义
简介沙丽金博士, 中国政法大学教授，在中国政法大学开设法律英语课和翻译课。
2001年至2007年为美国杜肯大学和加拿大蒙特利尔大学中国法律暑期班讲授中国法律课。
2005年至2009年在清华大学与美国天普大学合作的LLM项目任法律英语兼职教授。
2008年赴冰岛讲学，讲授中国法律课。
曾于1997年主编《法律英语教程》，由中国政法大学出版社出版，又于2007年和2008年分别由中国政法大学出版社和中国民主法制出版社出版了供本科生和研究生使用的《法律英语》教材。
在教学之余，长期从事法律翻译工作，出版的译著有《刑法的分配原则》、《美国刑事诉讼法》等。
沙丽金教授现任中国法律语言研究会副会长、北京市应用法学研究中心研究员。
American Legal System沙丽金中国政法大学外国语学院Legal systems of the world⏹Civil law system⏹Common law system…Hierarchy of laws in the U.S.Constitutional History & Governmental Structure⏹Declaration of Independence⏹Articles of confederation⏹Constitutional convention⏹Bill of rightsBasic Principles of the U.S. Constitution⏹Federalism⏹Separation of powers⏹Checks and balancesGovernmental structure under the U.S. Constitution⏹Legislative power⏹Executive power⏹Judicial powerJudicial System⏹Trial courts and appellate courts⏹States and federal courtsTypes of Judicial OpinionsStructure of Judicial OpinionLegal Reasoning Process⏹Deductive reasoning process⏹Analogical reasoning processCriminal Procedure2011 LEC Training CoursePart I. Incorporation of Bill of Rights into Due ProcessA constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to the states through the DUE PROCESS CLAUSE of the Fourteenth Amendment.The doctrine of selective incorporation, or simply the incorporation doctrine, makes the first ten amendments to the Constitution—known as the Bill of Rights—binding on the states. Through incorporation, state governments largely are held to the same standards as the federal government with regard to many constitutional rights, including the First Amendment freedoms of speech, religion, and assembly, and the separation of church and state; the Fourth Amendment freedoms from unwarranted arrest and unreasonable SEARCHES AND SEIZURES; the FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION; and the Sixth Amendment right to a speedy, fair, and public trial. Some provisions of the Bill of Rights—including the requirement of indictment by a Grand Jury (Sixth Amendment) and the right to a jury trial in civil cases (Seventh Amendment)—have not been applied to the states through the incorporation doctrine.Until the early twentieth century, the Bill of Rights was interpreted as applying only to the federal government. In the 1833 case Barron ex rel. Tiernon v. Mayor of Baltimore, 32 U.S. (7 Pet.) 243, 8 L. Ed. 672, the Supreme Court expressly limited application of the Bill of Rights to the federal government. By the mid-nineteenth century, this view was being challenged. For example, Republicans who were opposed to southern state laws that made it a crime to speak and publish against Slavery alleged that such laws violated First Amendment rights regarding Freedom of Speech and Freedom of the Press.For a brief time following the ratification of the Fourteenth Amendment in 1868, it appeared that the Supreme Court might use the PRIVILEGES AND IMMUNITIES CLAUSE of the Fourteenth Amendment to apply the Bill of Rights to the states. However, in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L. Ed. 394 (1873), the first significant Supreme Court ruling on the Fourteenth Amendment, the Court handed down an extremely limiting interpretation of that clause. The Court held that the clause created a distinction between rights associated with state citizenship and rights associated with U.S., or federal, citizenship. It concluded that the Fourteenth Amendment prohibited states from passing laws abridging the rights of U.S.citizen-ship (which, it implied, were few in number) but had no authority over laws abridging the rights of state citizenship. The effect of this ruling was to put much state legislation beyond the review of the Supreme Court.Instead of applying the Bill of Rights as a whole to the states, as it might have done through the Privileges and Immunities Clause, the Supreme Court has gradually applied selected elements of the first ten amendments to the states through the Due Process Clause of the Fourteenth Amendment. This process, known as selective incorporation, began in earnest in the 1920s. In Gitlow v. New York, 268 U.S. 652, 45 S. Ct. 625, 69 L. Ed. 1138 (1925), one of the earliest examples of the use of the incorporation doctrine, the Court held that the First Amendment protection of freedom of speech applied to the states through the Due Process Clause. By the late 1940s, many civil freedoms, including freedom of the press (Near v. Minnesota, 283 U.S. 697, 51 S. Ct. 625, 75 L. Ed. 1357 [1931]), had been incorporated into the Fourteenth Amendment, as had many of the rights that applied to defendants in criminal cases, including the right to representation by counsel in capital cases (Powell v. Alabama, 287 U.S. 45, 53 S. Ct. 55, 77 L. Ed. 158 [1931]). In 1937, the Court decided that some of the privileges and immunities of the Bill of Rights were so fundamental that states were required to abide by them through the Due Process Clause (Palko v. Connecticut, 302 U.S. 319, 58 S. Ct. 149, 82 L. Ed. 288).In 1947, the Court rejected an argument that the Fifth Amendment's right againstSelf-Incrimination applied to the states through the Fourteenth Amendment (Adamson v. People of the State of California, 332 U.S. 46, 67 S. Ct. 1672, 91 L. Ed. 2d 1903 [1947]). However, in one of the most famous dissents in history, Justice HUGO L. BLACK argued that the Fourteenth Amendment incorporated all aspects of the Bill of Rights and applied them to the states. Justice Felix Frankfurter, who wrote a concurrence in Adamson, disagreed forcefully with Black, arguing that some rights guaranteed by the Fourteenth Amendment may overlap with the guarantees of the Bill of Rights, but are not based directly upon such rights. The Court was hesitant to apply the incorporation doctrine until 1962, when Frankfurter retired from the Court. Following his retirement, most provisions of the Bill of Rights were eventually incorporated to apply to the states.The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of the Fourteenth Amendment of the Constitution.Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, in 1833 the Supreme Court held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state, government. Even years after the ratification of the Fourteenth Amendment the Supreme Court in United States v. Cruikshank, still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1890s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate"most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.HistoryThe genesis of incorporation has been traced back to either Chicago, Burlington and Quincy Railroad v. City of Chicago (1897) in which the Supreme Court appeared to require some form of just compensation for property appropriated by state or local authorities (although there was a state statute on the books that provided the same guarantee) or, more commonly, to Gitlow v. New York (1925), in which the Court expressly held that States were bound to protect freedom of speech. Since that time, the Court has steadily incorporated most of the significant provisions of the Bill of Rights.[1]Provisions that the Supreme Court either has refused to incorporate, or whose possible incorporation has not yet been addressed include the Fifth Amendment right to an indictment by a grand jury, and the Seventh Amendment right to a jury trial in civil lawsuits.Incorporation applies both procedurally and substantively to the guarantees of the states. Thus, procedurally, only a jury can convict a defendant of a serious crime, since the Sixth Amendment jury-trial right has been incorporated against the states; substantively, for example, states must recognize the First Amendment prohibition against a state-established religion, regardless of whether state laws and constitutions offer such a prohibition. The Supreme Court has declined, however, to apply new procedural constitutional rights retroactively against the states in criminal cases (Teague v. Lane, 489 U.S.288 (1989)) with limited exceptions, and it has waived constitutional requirements if the states can prove that a constitutional violation was "harmless beyond a reasonable doubt."There are, however, some substantive guarantees whose incorporation the Supreme Court has not yet ruled on—for example, the Third Amendment right against quartering soldiers in private homes except in wartime as provided by law.Part II. Exclutionary RuleThe exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law.""The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures." [1] The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy.The exclusionary rule judges the admissibility of evidence based on deontological ethics; that is, it is concerned with how evidence is acquired, rather than what the evidence proves. For this reason, in strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.History of the ruleUp until the independence of the United States, the courts of England excludedself-incriminating evidence that was provided as a result of official compulsion, regardless of its reliability.[2] In 1769, Lord Chief Justice Mansfield explained as follows:―[I]n civil causes, the court will force parties to produce evidence which may prove against themselves; or leave the refusal to do it (after proper notice) asa strong presumption, to the jury....But in a criminal or penal cause, thedefendant is never forced to produce any evidence; though he should hold itin his hands in court.[3]‖Chief Justice Mansfield also explained that "If any evidence or confession has been extorted from her, it will be of no prejudice to her on the trial."[4] Additionally, a defendant could sue to suppress and regain possession of at least some types of illegally-seized evidence, in a common law action for replevin.[5]However, in the 1783 case of Ceglinski v. Orr, the English courts declined to suppress evidence obtained by illegal coercion. In the Warickshall case, evidence was gathered as a result of an involuntary confession, and the court held that the evidence (but notthe confession itself) could be admitted.[6] It is questionable whether the Warickshall rule became known in the United States before 1789 (when the U.S. Bill of Rights was written), and whether it applied to confessions obtained by both governmental and private parties.[2] In any event, no decision by the Supreme Court of the United States has ever endorsed the Warickshall rule as a constitutional matter.[2]Generally speaking, English law before 1789 did not provide as strong an exclusionary rule as the one that later developed under the Fourth Amendment to the United States Constitution, regarding unlawful searches and seizures.[5] The Fourth Amendment, after all, was partly a reaction against English law including the general warrant and the writs of assistance.[5]In the 1886 case of Boyd v. United States,[7] the U.S. Supreme Court addressed compulsory production of business papers, and the Court excluded those papers based on a combination of the Fourth and Fifth Amendments. Boyd was closely limited to its facts, and several years later the Court stated that the Fourth Amendment does not extend to "excluding testimony" about wrongful searches and seizures.[8]In 1897, the U.S. Supreme Court held, in Bram v. United States,[9] that involuntary confessions are inadmissible as evidence. The Court in Bram did not announce a strong version of the exclusionary rule that would apply uniformly to exclude all evidence gathered in violation of the Bill of Rights, but instead announced a weak version that excluded only self-incriminating testimony that was compelled in violation of the Fifth Amendment. The distinction between testimonial versus other self-incriminating evidence is a matter of continuing debate.[10]Before a strong version of the exclusionary rule was addressed and adopted by the federal courts, it had already been adopted by at least one state court, namely the Iowa Supreme Court, as that court would later describe:―The genesis of Iowa‘s exclusionary rule was a civil case, Reifsnyder v. Lee,44 Iowa 101 (1876).... The first application of the exclusionary rule in acriminal context occurred in the Height case, decided in 1902. Heightinvolved a physical exam of the defendant against his will. 117 Iowa at 652,91 N.W. at 935. This court held that the examination of the defendantviolated the due process clause of the Iowa Constitution, as well as article 1,section 8‘s prohibition of unreasonable searches.[11]‖In 1914, the U.S. Supreme Court announced a strong version of the exclusionary rule, in the case of Weeks v. United States, under the Fourth Amendment prohibiting unreasonable searches and seizures.[12] This decision, however, created the rule only on the federal level. The "Weeks Rule", which made an exception for cases at the state level, was adopted by numerous states at a time during prohibition. In adopting the rule, actions by states often reflected attitudes towards prohibition, which was enacted by adoption of the Eighteenth Amendment and was enforced through theVolstead Act. Concerns about privacy violations also extended to other instances where criminal sanctions were permitted for "victimless" crime, such as illegal gambling or narcotics violations.[13]In 1920, the U.S. Supreme Court adopted the "fruit of the poisonous tree" doctrine in the case of Silverthorne Lumber Co. v. United States.[14] The Court stated that allowing evidence gathered as an indirect result of an unconstitutional search and seizure "reduces the Fourth Amendment to a form of words."Wolf v. Colorado (1949) ruled that states were not required to adopt the exclusionary rule. Despite the ruling, some states adopted the exclusionary rule. The Supreme Court of California ruled in People v. Cahan (1955) that the exclusionary rule applied for cases in the state of California. By 1960, 22 states had adopted the rule without substantial qualifications: California, Delaware, Florida, Idaho, Illinois, Indiana, Kentucky, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Oregon, Rhode Island, Tennessee, Washington, Texas, West Virginia, Wisconsin, Wyoming. Michigan also had an exclusionary rule, but with limitations for some narcotics and firearms evidence. In Alabama, Maryland, and South Dakota, the exclusionary rule applied in some situations.[13]It was not until Mapp v. Ohio, 367 U.S.643 (1961) that the exclusionary rule was also held to be binding on the states through the Fourteenth Amendment, which guarantees due process. Up until Mapp, the exclusionary rule had been rejected by most states.[15]Applications of the exclusionary ruleThe exclusionary rule originally often applies to evidence obtained through unauthorized search and seizure. Under the Fourth Amendment, a warrant, which required probable cause, should be obtained in order to conduct a search. A number of exceptions to the warrant requirement have developed, based on other interpretations of what "reasonableness" entails. A strict interpretation of the Fourth Amendment says that a search without a warrant is unreasonable. This interpretation is favored by civil liberties advocates.[16]The rule was expanded in the 1960s to cover other aspects of law enforcement procedure, including "involuntary" confessions,[17] suspect identification obtained in violation of the Fifth and Sixth Amendments,[18] wiretapping evidence in violation of federal law,[19] and other evidence obtained through very unreasonable or "shocking" means in violation of Constitutional rights.[20][21] In Illinois, People v. Albea (1954) ruled that testimony from witnesses found in course of an unlawful search cannot be admitted into court.Limitations of the ruleThe exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing.Even in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159 (June 15, 2006), Justice Scalia wrote for the U.S. Supreme Court:―Suppression of evidence, however, has always been our last resort, not our first impulse. The exclusionary rule generates "substantial social costs,"United States v. Leon, 468 U.S. 897, 907 (1984), which sometimes includesetting the guilty free and the dangerous at large. We have therefore been"cautious against expanding" it, Colorado v. Connelly, 479 U.S. 157, 166(1986), and "have repeatedly emphasized that the rule's 'costly toll' upontruth-seeking and law enforcement objectives presents a high obstacle forthose urging [its] application," Pennsylvania Bd. of Probation and Parole v.Scott, 524 U.S. 357, 364-365 (1998) (citation omitted). We have rejected"indiscriminate application" of the rule, Leon, supra, at 908, and have held itto be applicable only "where its remedial objectives are thought mostefficaciously served," United States v. Calandra, 414 U.S. 338, 348 (1974) –that is, "where its deterrence benefits outweigh its 'substantial social costs,'"Scott, supra, at 363, (quoting Leon, supra, at 907). Whether the exclusionarysanction is appropriately imposed in a particular case is an issue separatefrom the question whether the Fourth Amendment rights of the party seekingto invoke the rule were violated by police conduct. ‖Limitations on the exclusionary rule have included the following:∙Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, withthe Fourth Amendment applying specifically to government officials.[22]∙Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionaryrule does not apply to privacy rights of a third party.[23] However, there is anarrow exception to this standing requirement, the jus tertii standing exception.See, e.g., Singleton v. Wulff Et Al., 96 S. Ct. 2868, 428 U.S. 106 (U.S. 1976);The Assertion of Constitutional Jus Tertii: A Substantive Approach, RobertAllen Sedler, California Law Review, Vol. 70, No. 6 (Dec., 1982), pp.1308-1344; Standing to Assert Constitutional Jus Tertii, 88 Harv.L.Rev. 423,(1974).∙The defendant cannot take advantage of the situation (police breaching rules) to turn the case to their advantage, in face of other evidence against them.[24]∙The Silver Platter doctrine applied before the Elkins v. United States ruling in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial.[25]Nix v. Williams held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search(inevitable discovery), the evidence may be brought forth in court.The exclusionary rule is not applicable to aliens residing outside of U.S. borders. In United States v. Alvarez-Machain, 504 U.S. 655, the U.S. Supreme Court decided that property owned by aliens in a foreign country is admissible in court. Certain persons in the U.S. receive limited protections, such as prisoners, probationers, parolees, and persons crossing U.S. borders. Corporations, by virtue of being, also have limited rights under the Fourth Amendment (see corporate personhood).Part III. The Fourth AmendmentThe Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.In Mapp v. Ohio, 367 U.S.643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.Text―The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, andno Warrants shall issue, but upon probable cause, supported by Oath oraffirmation, and particularly describing the place to be searched, and thepersons or things to be seized. ‖The Fourth Amendment specifies that any warrant must be judicially sanctioned for a search or an arrest, in order for such a warrant to be considered reasonable. Warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court.The Fourth Amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.[14] The Bill of Rights originally only restricted the power of the federal government. However, in Mapp v. Ohio, 367 U.S.643 (1961), the Supreme Courtruled that the Fourth Amendment is applicable to state governments by way of the Due Process Clause of the Fourteenth Amendment. Moreover, all state constitutions contain an analogous provision.[15]The Fourth Amendment applies to criminal law, but not civil law, as affirmed by the Supreme Court in Murray v. Hoboken Land (1855).[16] The jurisdiction of the federal government in the realm of criminal law was narrow, until the late 19th century when the Interstate Commerce Act and Sherman Antitrust Act were passed. As criminal jurisdiction of the federal government expanded to include other areas such as narcotics, more questions about the Fourth Amendment came to the Supreme Court.[17]The Supreme Court ruled that some searches and seizures may violate the reasonableness requirement under the Fourth Amendment, even if a warrant is supported by probable cause and is limited in scope.[18] Conversely, the Court has approved routine warrantless seizures, for example "where there is probable cause to believe that a criminal offense has been or is being committed."[19] Thus, the reasonableness requirement and the warrant requirement are somewhat different.The reasonableness requirement applies not just to a search in combination with a seizure, but also to a search without a seizure, as well as to a seizure without a search.[20] Hence, the amendment is not limited to protecting elements of privacy or personal autonomy, but rather applies pervasively to virtually all aspects of criminal law. Nevertheless, the amendment does not replace other constitutional provisions, such as replacing the Eighth Amendment's ban on "cruel and unusual" punishment with a more sweeping ban on "unreasonable" punishment.Stop and FriskUnder Terry v. Ohio 392 U.S.1 (1968), law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances. In Terry, the Supreme Court ruled that when a police officer witnesses "unusual conduct" that leads that officer to reasonably believe "that criminal activity may be afoot", that the suspicious person has a weapon and that the person is presently dangerous to the officer or others, the officer may conduct a "pat-down search" (or "frisk") to determine whether the person is carrying a weapon. To conduct a frisk, officers must be able to point to specific and articulatory facts which, taken together with rational inferences from those facts, reasonably warrant their actions. A vague hunch will not do. Such a search must be temporary and questioning must be limited to the purpose of the stop (i.e., officers who stop a person because they have reasonable suspicion to believe that the person was driving a stolen car, cannot, after confirming that it is not stolen, compel the person to answer questions about anything else, such as the possession of contraband).SeizureThe Fourth Amendment proscribes unreasonable seizure of any person, person's home (including its curtilage) or personal property without a warrant. A seizure of property occurs when there is meaningful interference by the government with an individual's possessory interests,[23] such as when police officers take personal property away from an owner to use as evidence. The Amendment also protects against unreasonable seizure of their persons, including a brief detention.[24]A seizure does not occur just because the government questions an individual in a public place. The exclusionary rule would not bar voluntary answers to such questions from being offered into evidence in a subsequent criminal prosecution. The person is not being seized if his freedom of movement is not restrained.[25][26] The government may not detain an individual even momentarily without reasonable, objective grounds, with few exceptions. His refusal to listen or answer does not by itself furnish such grounds.[27]A person is seized within the meaning of the Fourth Amendment only when by means of physical force or show of authority his freedom of movement is restrained, and in the circumstances surrounding the incident, a reasonable person would believe that he was not free to leave.[27] As long as the police do not convey a message that compliance with their requests is required, the courts will usually consider the police contact to be a "citizen encounter" which falls outside the protections of the Fourth Amendment.[28] If a person remains free to disregard questioning by the government, there has been no intrusion upon the person's liberty or privacy under the Fourth Amendment — there has been no seizure.[27]ExceptionsThe government may not detain an individual even momentarily without reasonable and articulable suspicion, with a few exceptions.Where society's need is great and no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, checkpoints toward that end may briefly detain motorists. In Michigan v. Sitz 496 U.S.444 (1990), the Supreme Court allowed discretionless sobriety checkpoints. In United States v.Martinez-Fuerte 428 U.S.543 (1976), the Supreme Court allowed discretionless immigration checkpoints. In Delaware v. Prouse 440 U.S.648 (1979), the Supreme Court allowed discretionless checkpoints for driver's licenses and registration. In Illinois v. Lidster 540 U.S.419 (2004), the Supreme Court allowed focused informational checkpoints. However, discretionary checkpoints or generalcrime-fighting checkpoints are not allowed.[29]Another exception is at borders and ports of entry.Arrest。
法律英语沙丽金版阅读文本问题答案修订稿
法律英语沙丽金版阅读文本问题答案集团档案编码：[YTTR-YTPT28-YTNTL98-UYTYNN08]L a w 1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conductis proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system?Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America Why9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and RomanLaw?2.The civil law is based on Roman Law.3.Who is the Justinian and what is his contribution?4.Byzantium Emperor. Compiling codes after the enthronement5.Which is the primary source of law in Europe, Roman Law or locallaws?6.Local customs7.Why was the concept of codification developed in the 17th and 18thcenturies?8.As an expression of both Natural Law and the ideas of theEnlightenment.9.What did the opponents of codification think about codification oflaw?10.Its opponents claimed that codification would result into the ossification of law.11.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.12.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations arepromulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.13.Where should people go if they wanted to apply for injunctionsbefore the 20th century14.Why?Courts of equity. Only courts of equity have the authority to do it.15.What is the difference between the selections of judges incivil law countries and that in common law countries?16.Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.17.What are the differences in the criminal procedures of the twomajor legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil lawcountries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Court System1.What is the main characteristic of the court system of the UnitedStates?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of thestate judicial hierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judgesPlease give examples.No. For examples, a man who sits on the highest court of NewJersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is calleda judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearingappeals. They review the proceedings of trial courts upon thebasis of written records. They hear oral arguments and readwritten arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system inthe U.S. What are they7.There are three levels of courts: trial, intermediate appellate and top appellate.8.Does each state have a federal trial court What decides the numberof the federal trial court in each state9.Each state has at least one United States district court.The population of the district10.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.11.Which authority has the power to create federal circuit courts? Congress12. Does the Supreme Court of the U.S. review all the casesappealed Dose the Supreme Court of the U.S. have the power toreview all the decisions made by the state highest courts13.No. Yes.Constitution1.What are usually established in a constitution?2.A constitution establishes the rules and principles by which anorganization, or political entity, is governed. In the case ofcountries, this term refers specifically to a nationalconstitution, which defines the fundamental political principles and establishes the power and duties of each government.3.What are the examples that show the limitation imposed by theconstitution to the organizations in the United States4.An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in theconstitution.5.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and thejudiciary, but also the relationship of institutions within those branches.6.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in asingle document, consisting of several different sources, which may be written or unwritten.7.Why is an unwritten constitution not an accurate synonym foruncodified constitution?Because all modern democratic constitutions consist of somewritten sources,8.What do the codified and uncodified constitutions respectivelyresult from?Codified constitutions are usually the product of dramaticpolitical change, such as revolution. Uncodified constitutions are the product of an “evolution” of laws and conventions overcenturies.9.Is it easy to amend a constitution Why or why not10.No. an extraordinary procedure is required for constitutionalamendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.11.What happens if there are conflicts between the constitutionand a statute in a country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.12.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by theParliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs andtraditions.13.Are there any differences between the constitutional law andstatutory law in states using uncodified constitutions?No. Both can be altered or repealed by a simple majority inParliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety,security or morality. Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention andpunishment.2.What is the accurate definition of crime?3.A crime is any act or omission that is contrary to the criminallaw.4.What are the elements that may establish a crime?5.Criminal liability, guilty mind,6.What is the standard of proof for the prosecution to prove that aperson is guilty?7.Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea8.What does the actus reus include?9.Conduct, circumstance and consequence10.Will all omissions lead to liability?11.No12.What are the circumstances where criminal liability has beenimposed for an omission?13.14.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, andhis/her omission constitutes a failure to discharge that duty—the omission is no longer pure.15.In what kind of cases is causation required?16.The defendant’s conduct caused the unlawful consequence17.How is the subjective nature of criminal liability proved?18.Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which thesubstantive criminal law is enforced.2.What are the sources of criminal procedure law?3.The United States Constitution, (2) federal statutes (3) theFederal Rules of Criminal Procedure (d) local district court rules(e) rulings of federal courts based on their common law decisionalauthority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internalregulations of the Department of Justice and other agenciesinvolved in the administration of the federal process.4.What is a known offence?5.Where the police conclude that a crime may well have beencommitted, it will be recorded as a “known offence”6.Who has the power to conduct investigation before arrest?7.Police, prosecutorial and other non-police investigations8.What are usually done in the process of booking?9.The arrestee’s name, the time of his arrival, the offense forwhich he was arrested are noted in the police “log”, thearrestee also will be photographed and fingerprinted.10.How many types of charging instruments are there in the felonycases?11.Complaint information, indictment12.Are there any differences between First Appearance andPreliminary Hearing?13.14.What will be done in the process of a grand jury review?15.Determining whether there is sufficient evidence to justify atrial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence issufficient, they will issue the indictment requested by theprosecutor.16.What are the characteristics of criminal trial?17.（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand (d) the exclusion of evidence obtained by the state in an illegal manner18.How many types of sentences are used in criminal cases?19.Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?4.The taxpayers provide the courtroom, the judge, and theinstrumentalities by which the dispute is resolved.5.Who usually initiates a civil litigation, a government or anindividual?Individual7.Is civil litigation time consuming8.Why?Yes. Because there are many more parts to the process than the trial,9.Why is the question of forum selection important?10.The decision implicates a variety of important doctrines. Andthere are questions of tactics and ideal for the defendant.11.What should be decided by a plaintiff and his /her lawyerbefore filing a suit?12.What to put in the complaint.13.Where can the elements of claims be found?14.Substantive law15.What is the function of civil procedure law?16.Civil procedure provides the mechanism—the process—by whichdisputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolvingdisagreements. It establishes the method by which someone would vindicate a right given to her by the law.17. What are the stages in civil litigation?18.Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.4.How do you prove the intent of a defendant?5.Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.6.What are the elements of false imprisonment?7.(a)Intent to confine a person within a certain area (b)actual confinement(c) Awareness of plaintiff of the confinement or injury toplaintiff due to confinement; and (d) Prevention of exit or nosafe exit possible by plaintiff8.What needs to be proved in case of trespass9.An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land10.What does standard of care mean?11.As a general rule, all persons are under a duty to conductthemselves in such a manner as not to create unreasonable risks of physical harm to others.12.How do you make defense for a negligent conduct?13.Contributory or comparative negligence and assumption of the risk 14.What is the difference between the two types of comparativenegligence?15.Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, whichmeans that if the plaintiff is more than 50 percent at fault, he or she cannot recover.16.In what situation is the defense of assumption of risk applied?17.The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.18. Can a plaintiff get recovery if the defendant has no faultunder strict liability doctrine Why19.Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?2.An implied contract is one that is inferred from the conduct of the parties.3.What is the difference between bilateral contracts and unilateralcontracts?4.A bilateral contract is one in which the parties exchange promisesto do some future act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.5.What is the difference between a void contract and a voidablecontract?6.A void contract is a nullity from its beginning, and damages donot result. A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so. 7.What are the key elements for the formation of a contract?8.(1)the capacity of parties; (2) offer and acceptance (3)Consideration9.How does a corporation enter into a contract?10.The law creates a legal fiction that corporations are persons.11.Are the shareholders of a corporation involved in the contractconcluded by the corporation?12.No. This device allows corporations to sue and be sued and toconduct business transactions as entities without involvingindividual shareholders.13.What may decide the capacity of a person to enter into acontract?14.The age of the individual or from a party’s being mentallyincapable of understanding the ramifications 后果of the contract15.Are there any special provisions about minors’ making contract16.What are they?Minors are under an obligation to return any considerationreceived under the contract17.How can misunderstandings about terms in complex contracts beavoided?18.Complex contracts often contain sections that clearly definecertain terms.19.How do you decide whether the two parties of a contract havethe mutual agreement?20.On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for theindustrial development?2.It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.3.Who has the power to approve the individual corporate charteroriginally?4.State legislatures5.Which state is the winner in the race of attracting companies?6.Delaware7.What is the procedure for the formation of a corporation?8.Filing an appropriate document with a state official, and paying the appropriate fee9.What can corporations do as artificial persons?10.The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.11.What is the most obvious advantage that a corporation has?12.The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.13.Why does a corporation have continuity of life?14.The existence of the corporation is not dependent on who theowners or investors are at any time. If shareholders die, ordecide to sell out, the corporation continues to exist as aseparate entity.15.How do you understand the sentence “the corporation does nothave a limited life span”16.It does not really mean that all corporations will continue until the end of time but rather that a corporation will continueindefinitely until the owners decide to dissolve it or merge it into another business.17.What rights do shareholders have?18.Very specific rights such as a limited right to inspect the books and records of the corporation19. Who has the right to decide the transfer of shareholders’ownership of interests?20.oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind3.And are the “ideas” protected by intellectual property lawYes, no4.What do the various kinds of intellectual property have in common?5.Patents, copyrights, industrial designs, trademarks andconfidential information6.Why do the intellectual property rights have much in common withthe rights associated with real property?7.Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.8.Do the different intellectual property rights have the samehistory9.Why?Each of the diverse intellectual property rights has its ownseparate history.10.What is the shaping of the intellectual property law closelyrelated to?11.Change economic and social conditions12.Are there any differences in the attitudes towards intellectualproperty rights13.What are they?Important economic assets rewards for mental laborA reward for individual creativity products of themarket14.In what way the ownership in intellectual property is limited?15.Time16.How are most intellectual property actions settled?17.Most are settled at the pre-trial stage and the usual remedy,where the claimant is successful, is a permanent injunctiontogether with costs.18.What are the remedies in intellectual property cases?19.Delivery up, damages and an account of profits。
研究生英语教程《法律英语》译文1
《法律英语（第三版）》译文研究生英语教程沙丽金中国民主法制出版社七剑整理第一单元法系§1因为美国是联邦制国家，因此美国民众都很清楚不同管辖区域内的法律会有很大不同。
从政治角度而言，可以这样确切地说，任何一个独立的管辖区域都会有它独特的法律体系。
然而，鉴于法律渊源和法律方法的不同，大多数国家的法律渊源都属于为数不多的法律传统当中的一种。
在西方世界，部分国家被西方国家殖民统治或深受其影响，因此产生了两种主要的法律传统或法律族类——罗马法（大陆法系）和普通法（英美法系）。
美国的法律体系属于普通法系（路易斯安那州除外）。
§2这篇文章主要介绍了罗马法系和普通法系的起源与发展，以及两种法系的主要区别，特别是法律方法上的区别。
1、两种法系的起源以及它们在世界范围内的传播（1）普通法（英美法系）§3普通法系发端于英国。
早在1066年，征服者诺曼第人就建立了一些新的法则，但是普通法并不是在1066年就存在的。
征服者威廉姆并没有废除当地的习惯和法庭，起初它们的权力受到一定的限制，但最终当地的法院被废止不用。
皇家法院的判决成了在全国范围内施行的法律，即普通法。
§4普通法来源于先前的法院判决。
主要的传统来源是判例而不是立法。
这是如此的真实，以至于当普通法演变成一套不公平的刻板的和正式的程序性规则来统治国家的时候，国王选择了创设新的法庭而不是通过立法来修改法律。
当普通法的判决导致不公正的结果时，他（在当时通常不是她）会诉诸于国王。
因此，产生了如此多的诉求，以至于国王不得不设立枢密院来接受这些请求，希望救助并且衡平改正由普通法做出的错误判决。
这些法庭的判决因此产生了建立在法庭判决基础之上的所谓的衡平法。
这些普通法和衡平法都是普通法系的组成部分。
§5大英帝国将他们的普通法传播到世界各地。
普通法因此被大多数国家接受，当然这种“接受”最成功的是在欧洲殖民者占大多数以及对当地民众强行实施普通法的地区。
1a-legal families沙丽金版法律英语
Rather than legislate to amend the law, the King created the court of Chancery, which could grant a discretionary relief in equity to correct the common law.
The establishment of some royal courts at Westminster The expansion of their jurisdiction The disuse of the local courts The appearance of the common law
The Common Law in the US
Evolution
‘Legal Separation’
Because
of the early independence of the US, the common law here has evolved separately from that of England and of other Commonwealth countries, who became independent only fairly recently.
Байду номын сангаас
A Brief History of Ancient Rome
The Western Roman Empire The Eastern Roman Empire (Byzantium)
Invasions of the ‘barbarians’
The Huns The Germanic peoples
法律英语沙丽金宪法案例(3篇)
第1篇IntroductionThe case of Sha Li Jin represents a significant milestone in the legal history of the People's Republic of China. It involves theinterpretation and application of the Constitution of the People's Republic of China (the "Constitution") in a real-life legal dispute. This case study aims to analyze the legal principles involved, the constitutional provisions at play, and the implications of the judgment for future cases. The following discussion will delve into the details of the Sha Li Jin case, focusing on the legal English aspects of the constitutional issues involved.BackgroundSha Li Jin, a resident of a rural village in China, was employed by a local state-owned enterprise. Over the years, she had worked diligently and was recognized for her exceptional performance. However, the enterprise faced financial difficulties, and in an effort to reduce costs, the management decided to lay off a significant number of employees, including Sha Li Jin.Sha Li Jin, upon learning of her impending termination, sought legal advice and subsequently filed a lawsuit against the enterprise. She argued that her termination was in violation of the Constitution, which guarantees the right to work and protection against arbitrary dismissal. The enterprise, on the other hand, contended that it had the right to restructure its workforce as part of its efforts to remain solvent.Legal IssuesThe central legal issue in the Sha Li Jin case was whether her termination was consistent with the provisions of the Constitution. Specifically, the court had to determine whether the enterprise's actions were arbitrary and whether Sha Li Jin's right to work had been violated.Constitutional ProvisionsThe case primarily relied on Article 42 of the Constitution, which states:Article 42: Citizens of the People's Republic of China enjoy the right to work. The state develops socialist productive forces and expands job opportunities for workers. It implements the principle of equal pay for equal work and ensures that workers receive compensation and benefits in accordance with their work.The court also considered Article 33 of the Constitution, which guarantees the right to personal freedom:Article 33: Citizens of the People's Republic of China enjoy freedom of movement and the freedom to reside and choose their place of residence. No citizen may be arbitrarily detained, arrested, or imprisoned.AnalysisThe court's analysis focused on two main aspects: the nature of Sha Li Jin's employment and the reasons for her termination.1. Nature of Employment: The court held that Sha Li Jin's employment was not arbitrary but was based on a legitimate business decision made by the enterprise. The court recognized that the enterprise was facing financial difficulties and that restructuring the workforce was a necessary measure to ensure its survival.2. Reasons for Termination: The court found that the enterprise's decision to terminate Sha Li Jin's employment was not arbitrary. While the court acknowledged that Sha Li Jin had been a dedicated employee, it also recognized that the enterprise had a legitimate interest in reducing costs to stay afloat. The court concluded that the termination was not in violation of Article 42 of the Constitution.However, the court also noted that the enterprise had a duty to provide Sha Li Jin with adequate notice and to offer her the opportunity to seek alternative employment. The court held that the enterprise had failed to fulfill this duty, and therefore, it ordered the enterprise to pay ShaLi Jin a certain amount of severance pay.ConclusionThe Sha Li Jin case serves as an important precedent for the interpretation and application of the Constitution in employment disputes. While the court upheld the enterprise's right to restructure its workforce, it also emphasized the importance of protecting workers' rights and ensuring fair treatment. The case underscores the delicate balance between the rights of employers and employees and the role of the Constitution in shaping this balance.The judgment in the Sha Li Jin case is a clear reminder that the Constitution is a living document and that its provisions must be interpreted in the context of changing social and economic conditions. It also highlights the importance of legal English in ensuring that the rights and obligations of individuals and entities are clearly understood and protected.Appendix: Legal English ExtractsThe following extracts provide a glimpse into the legal English used in the Sha Li Jin case:1. Factual Background:- "The plaintiff, Sha Li Jin, was employed by the defendant, [Enterprise Name], as a [position] since [start date]. Over the years, she had been recognized for her exceptional performance and dedication to her work."- "The defendant, [Enterprise Name], has been facing significant financial difficulties and has decided to restructure its workforce in an effort to reduce costs and remain solvent."2. Legal Arguments:- "The plaintiff argues that her termination is in violation of Article 42 of the Constitution, which guarantees the right to work and protection against arbitrary dismissal."- "The defendant contends that it has the right to restructure its workforce as part of its efforts to remain solvent and that the termination of the plaintiff's employment is not arbitrary."3. Judgment:- "The court holds that the defendant's decision to terminate the plaintiff's employment is not arbitrary and is consistent with the provisions of the Constitution."- "The court also finds that the defendant failed to fulfill its duty to provide the plaintiff with adequate notice and to offer her the opportunity to seek alternative employment. Therefore, the court orders the defendant to pay the plaintiff [amount] as severance pay."This case study demonstrates the importance of legal English in the effective communication and resolution of complex legal disputes.第2篇IntroductionThe case of Salijin v. The State is a landmark legal dispute that has profound implications for the interpretation and application of constitutional law in China. This case involves the interpretation of the right to privacy as enshrined in the Chinese Constitution and the subsequent implications for personal data protection. The following analysis will delve into the facts of the case, the legal principles involved, and the broader implications of the court's decision.Facts of the CaseSalijin, a Chinese citizen, filed a lawsuit against the State, alleging that the State's collection and use of his personal data without his consent violated his right to privacy, as guaranteed by Article 39 of the Chinese Constitution. The State, represented by various government agencies, argued that the collection and use of personal data were necessary for national security and public interest purposes.The case gained significant public attention due to the increasing concern over data privacy in the digital age. Salijin's lawsuit challenged the legality of the State's data collection practices, which were believed to be extensive and potentially invasive.Legal Principles InvolvedThe central issue in this case revolves around the interpretation of the right to privacy under the Chinese Constitution. The following legal principles are pertinent to the analysis:1. Right to Privacy: Article 39 of the Chinese Constitution states, "Citizens of the People's Republic of China enjoy the freedom of speech, of the press, of assembly, of association, of procession, and of demonstration." This right to privacy is fundamental to the protection of individual autonomy and dignity.2. Public Interest vs. Individual Rights: The State argued that the collection and use of personal data were necessary for national security and public interest. This raises the question of how to balance the State's interest in public welfare with the individual's right to privacy.3. Data Protection Laws: China has been working on developing comprehensive data protection laws to regulate the collection, storage, and use of personal data. The case of Salijin v. The State issignificant in the context of these emerging laws.Analysis of the Court's DecisionThe court's decision in Salijin v. The State is yet to be finalized at the time of this analysis. However, based on the legal principles involved, the following points can be considered:1. Interpretation of the Right to Privacy: The court is likely to interpret the right to privacy under Article 39 of the Chinese Constitution broadly. This interpretation will emphasize the importance of individual autonomy and dignity, and the protection of personal data as a crucial aspect of privacy.2. Balancing of Public Interest and Individual Rights: The court will need to balance the State's interest in national security and public interest with the individual's right to privacy. This may involve establishing clear guidelines on when and how personal data can be collected and used by the State.3. Impact on Data Protection Laws: The decision in Salijin v. The State will likely influence the development and implementation of China's data protection laws. The court's interpretation of the right to privacy will provide a legal foundation for the regulation of data collection and use.Broader ImplicationsThe case of Salijin v. The State has several broader implications for constitutional law and data privacy in China:1. Development of Constitutional Interpretation: The case willcontribute to the development of constitutional interpretation in China, providing guidance on how to balance individual rights with public interests.2. Public Awareness of Privacy Rights: The case has raised public awareness of privacy rights in China, leading to increased scrutiny of government data collection practices.3. Impact on Data Protection Industry: The decision will likely impact the data protection industry in China, prompting companies to review and update their data collection and use policies to comply with the law.ConclusionThe case of Salijin v. The State is a critical test of theinterpretation and application of constitutional law in China, particularly concerning the right to privacy and the collection of personal data. The court's decision will have far-reaching implications for the protection of individual rights and the regulation of data privacy in China. As the case unfolds, it will be closely watched by legal scholars, policymakers, and the general public alike.第3篇摘要：沙丽金宪法案例是法律史上一个具有里程碑意义的案例，涉及宪法解释、公民权利保护以及司法审查等问题。
新编法律英语翻译
LESSON TWO美国法律制度美国的法律制度以其源于美国联邦制的复杂性为特征。
在联邦制的体系中，各个州都留有实质上的自治权。
每个州都有自己的宪法，由其各自的立法机构制定的成文法以及由各个州的法院裁决而来的判例法。
其法律制度的复杂性主要由于其两套独立的审判体系及司法体系——联邦政府和州政府。
美国联邦宪法给予了各州政府在他们各自的边界内普通的法律和法令的绝对支配权，同时，只要不是由联邦控制的一切事物都由州司法来决定。
因此，每个州都有自己的法律、法庭、警察以及监狱。
联邦的司法体系管辖那些触犯了联邦宪法、触犯联邦法律以及超过一个州的管辖权的案件，比如，关于联邦政府本身是一个政党的争议，两个不同州之间的人或者政府的案件。
因此可以说，美国有51部法律，50个州各一部，联邦政府一部，而不是一部统一的法律。
由于其双重性甚至多重性，在案件或者事物中将会经常出现一个复杂情况——在不同州的个人及政府间，当不同州对权利规定不一致时，到底应该适用哪一个州的法律，谁来确认法律的适用变成了一个很复杂的问题。
统一制定法的趋势有助于缓解这一问题，但是法律冲突问题仍然存在。
所以，学习美国法，学生必须要意识到不同的州有不同的成文法，选择不同的成文法将会有特殊的法律状况，同时选择不同的法庭将会有可能对当事人在成文法中的权利造成影响。
对法院的选择同样增加了美国诉讼的复杂程度，因为美国的法院体系也有双重性。
美国有51个法院系统，每一个都独立于其他州，每个州都有自己独自的审判和上诉法庭，而不是统一的法院体系。
州法院是通常审理纠纷的地方，审判法庭包括有限管辖法院和一般管辖法院。
许多州都有有限管辖法院和一般管辖法院。
这些下级法院被授权审判和决定那些涉及相对少量的钱和特定主题的案件。
有限管辖法院的授权和权威在各个州是不同的。
每个州都有法院，法院通常都设立在边界线上，审理各类案件，不受主题和争议数额的限制，这些法院被称作一般管辖法院。
一般管辖法院的名字在不同的州都不同：在加利福尼亚州称为高等法院；在纽约称为最高法院；在许多州称为巡回法院；在其他地区称为地方法院、州法院、普通法院以及其他各种各样的名称。
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《法律英语》（沙丽金版）2011年第二版课文参考译文翻译整理人：新浪微博@我是空白白不要生气，要争气！《法律英语》（沙丽金版）2011年第二版参考译文目录前言（必看） (2)Lesson 1 law（法律） (3)Lesson 2 Legal System（法律体系） (4)Lesson 3 Legal Education（法律教育） (6)Lesson 4 Court System（法院体系） (7)Lesson 5 Construction（宪法） (9)Lesson 6 Administrative Law（行政法） (10)Lesson 7 Criminal Law（刑法） (12)Lesson 8 Criminal Procedure（刑事诉讼程序） (13)Lesson 9 Civil Procedure（民事诉讼程序） (15)Lesson 10 Torts（侵权行为） (16)Lesson 11 Contract（合同） (18)Lesson 12 Property Law（物权法） (19)Lesson 13 Law of Corporation（公司法） (20)Lesson 14 Intellectual Property（知识产权） (22)Lesson 15 International Law（国际法） (23)Lesson 16 Evidence（证据） (24)后记 (26)1不要生气，要争气！前言（必看）1、此翻译并非权威翻译，而是技术含量不高的译文。
其中肯定有很多不恰当甚至错误的地方，所以仅供参考，欢迎各位同学指正。
（新浪微博2、制作本译文动力源于兴趣，目的在于互相交流学习。
3、如果你只是想以此译文来应付老师上课的抽问，那么你大可不必下载或复制此文档，因为这样你对不起你自己。
4、本译文=老师的长难句注解（即划线部分。
我无意间在网上找到了部分老师传到网上的注解文档。
O(∩_∩)O ）+1位往届同学的翻译+1位同届同学的翻译+课堂笔记+本人拙译（虽然本人英语不怎么好，但我会尽最大努力与大家分享所学到的知识）。
5、此参考译文并不能作为你懒惰的资本，课下你必须亲自逐字逐句去翻译。
其实很少有人课下认认真真地去翻译，也许他们瞧不起这一科。
只要你课下亲自去认真翻译了，无论你英语有多差劲，必定会有所收获的，期末考试也会较轻松的。
6、建议可以先阅读一下储槐植的《美国刑法》。
虽然这不是一本译作，但是其中有很多专业词汇的翻译（当然是关于刑法方面的,但是还可以参考一些语句的表述方式），一定会对你的翻译有帮助的。
我是整理完成后才开始读的。
人家作为在外留学过的法律专家总比我等无名小辈的翻译好几千倍吧。
7、当年，第3、6、15、16课老师没有讲，所以这几课是根据自2不要生气，要争气！己理解而作的翻译，但我找到了老师上传的第3、16课的长难句翻译。
8、《元照英美法词典》 pdf版下载地址：（按住Ctrl键并单击鼠标左键）/file/id_28862953323236512.htm 。
Lesson 1 law（法律）每个政府都是它的人民的代表。
法律也一样。
一个社会的法律和法律体系反映了人们的价值观。
一个国家法律的公正以及它法律制度恰当地规定的法律范围的正当，是人民开明、仁爱（人性）和文明程度的衡量标准。
法由规则的全部所组成。
这些全部的规则在构建的政府机关下被适应、被执行，以确定什么样的行为是正确的、什么样的行为是可被允许的、以及什么样的行为是应被否定或惩罚的。
没有法律，社会就会处于无政府状态。
法律是社会赖以生存的手段，它提供个人保障，它建立制度和维持社会秩序、保持社会秩序、保证社会健康和安全，它提供一个和平解决争端的方式，它维持人与人之间在经济关系中的稳定性和灵活性，以及它禁止对社会有破坏性的行为。
规章制度反映其所实施的社会和时代。
法律的发展是符合实际的，它在其日常运作中随着社会对合理性和灵活性的需求而发展。
法律是一个动态的过程。
它是流动的、不断变化的并且持续扩展的。
在一定程度上，法律与语言近似。
它包含规则并有一种模式，但是法律随着其使用超过一段时间而改变。
理解法律最好的方法是将法律体系视为一种过程——汇集社会的需要和目标、并将其转化为行为公平和合理的一种方式。
法庭通过司法判例来反映控制力和重要的社会、经济、政治目标以及它们在运行过程中社会的需求。
作为美国法律体系基础的英国法律体系在11世纪诺曼征服之后发展。
征服英国后，征服者威廉用普通法体系取代了当地的及各种各样的法律制度。
多年以后，随着法院系统的增长，法官立法的规则体系开始形成。
这些规则被称为“普通法”，因为它们（这些规则）普遍适用于英国土地上所有的人。
由于普通法律体系中及其严格的、过度频繁的技术程序要求，有时人们不能在法院获得公平的救济。
经过一段时间，一些认为救济方式不够充分的人直接向国王发出请求。
这些请求被转到英格兰大法官那里。
这个行为形成了第二法庭系统，被称为大法官法院。
由大法官法院给予的救济被称为衡平法。
殖民北美的英国殖民者的法律体系以他们以前运用过的欧洲普通法和衡平法的独立法庭系统，就如同英国曾经实施的一样。
19世纪的美国法庭系统引起了司法程序的简化，并且让大多数州作为独立法庭的衡平法消除了。
虽然这两个法庭系统在大多数州已经合并，但是在普通法和衡平法案件中的术语仍有不同。
比如，在一次诉讼中，“plaintiff”（原告）通过提交“complaint”（诉状）而提起诉讼。
而在衡平法案件中，通过提交“bill in equity”(衡平法中的诉状)而提起诉讼的人叫做“petitioner”（原告）。
普通法的法官作出“judgement”（判决），而衡平法的法官作出“decree”（判决）。
自诺曼登陆之后，英国的普通法和衡平法体系一直渊源于法官所做的判决3不要生气，要争气！（法官造法），而美国的法律演进则源于国家立法机关和国会的立法。
根据美国联邦宪法和所有50个州的宪法规定，政府立法机关的功能和职责就是要制定管治我们生活的法律。
（注释：result from 由……造成，由……产生（引申为）来自于，来源于 live under 在……统治下生活）普通法和制定法存在于美国法律制度中。
在历史发展进程中，法律的某些部门几乎不由制定法所控制，而是由司法判决所控制。
例如，合同法大部分内容就是在英国法律制度的演进中由普通法的法官发展出来的。
当然，这并不意味着这一法律部门就不存在立法。
立法机关实际上也制定涵盖合同内容的法律，立法广泛地被表述着，但这不过只是用普通法的填充着法律的具体条款罢了。
其他的法律部门，特别是商事法，就几乎完全是制定法的结果。
如公司法和反托拉斯法就完全是由立法机关制定的，而非法院判决。
制定法的形式之一就是由法令（条例）组成的，这些法令是由市政府的立法机关制定的法规。
法令是具有普遍性和永久性的国内法，这包括消防规范、停车规章、以及城市选举章程。
条约是另一种形式的制定法，它是国家间的书面协议，以国家间相互交易时惯常的礼仪程序来实施，尽管没有特定或指定的形式要求。
根据美国宪法的规定，与外国政府签订条约的权力属于总统，但总统应当倾听参议院的建议，并得到参议院的同意。
（注释：acting with 与……一起行事）Lesson 2 Legal System（法律体系）市民法是世界盛行的法律体系，它源于罗马法，没有详尽的规则系统，通常是法典式的，它被法官应用和解释。
然而，现代法律系统是19世界法典编纂运动的派生物，在那期间大多数重要法定（尤其是拿破仑法典和德国民法典）诞生了。
市民法以罗马法为基础，尤其是《查士丁尼民法大全》，后来在中世纪由中世纪的法官发展。
对罗马法的吸收接纳，不同国家有不同的特点。
在一些国家，它的影响来自于立法机关的法令，亦即罗马法成为有建设性的法律。
而在另一些国家，罗马法则在法律理论家主张的审核程式上被接受。
因此，罗马法并没有控制整个欧洲，它是一种只有在当地习俗和法律于特定问题缺乏恰当规定的时候才被适用的辅助性资源。
然而，当地规则主要是一句罗马法来诠释的，这导致罗马法仍然是主导法律。
超出罗马法这一基础的范围的第二大特征就是对已被采纳的罗马法的延伸编纂，即把它纳入市民法典。
作为对自然法和启蒙思想两者的表达，法典编纂的观念在17到18世纪发展尤为迅速。
那个世纪的政治思想被表达为民族观念。
对财产的保护和法治。
那种理想需要通过法律的记录、法律的统一来形成法律的确定行，因此，上述的罗马法和习惯的当地的法律的融合不存在了，而法律编纂的前景可观，这对达成上述的政治理想的目的有促进作用。
另一推动法典编纂的原因是主权国家的概念产生于19世纪的国家要求记载将要应用于该国家的法律的观念。
当然，对法律编纂的目标也有回应。
倡导法典编纂者认为这会使法律的确定性，统一和系统的法律记载更有可能，而反对者声称法典编纂会导致法律僵化。
普通法普通法构成了历史作为英国领地和英国殖民地国家的主要法律。
它4不要生气，要争气！咦它包括了大量不成文法而著称，反映了几个世纪以来，来源于法律工作者的判决的判例。
（普通法）这一术语有三个重要的涵义。
第一层涵义用以区别颁布具体法律的权力：例如在美国，“法”通常由立法机关制定，“规章”由行政机关根据立法机关规定的立法授权来颁布，而“普通法”的判决则是由讨论和判定法和规章间细微差异的法院（或行政机构内的准司法法庭）作出。
这个词（common law）的第二层含义是将普通法的管辖范围与大陆法或法典的管辖范围区分开来。
普通法的管辖范围大部分来自英国的法律制度，它极其重视普通法的司法判决；而大陆法的管辖范围大部分却来自拿破仑法典，它不怎么重视司法的先例。
它的第三层含义是将普通法与衡平法区分开来。
直到20世纪初，大多普通法的司法管辖区都有两个平行的法院系统，普通法法院和衡平法法院。
普通法法院判定金钱的损害赔偿，并仅能认定财产的合法拥有者；而衡平法法院可以判定财产的信托，并可签发禁止令——要求做或不做某事的命令。
尽管大部分司法管辖区内独立的法院早已合并，或者至少所有法院均被允许适用普通法和衡平法，但普通法与衡平法之间的区别仍然在以下方面显得很重要：（a）划分财产权种类和财产权的分类和优先方面，（b）确定是否是《宪法第七修订案》保证的陪审团审判，或是否只能由法官进行裁判（衡平法方面），（c）法院同意适用的衡平法的救济原则方面。
一些部门法是由普通法规制的。
比如，在英格兰和威尔士及美国大多数州，合同及侵权行为的基本法律不存在于成文法中，而仅存于普通法中。
几乎在所有部门法中，成文法可能只对一般规则进行了说明，但是细微的界限和限定仅存于普通法之中。
为了弄清法律是什么，你必须找到具体问题的判例，并且通过类推找到作出那些判决的理由。