法律英语口语

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法律英语口语900句 (7):Law 法律

法律英语口语900句 (7):Law 法律

法律英语口语900句(7):Law 法律Part 7 Law法律1.A later statute takes away the effect of a prior one.2.Arms and laws do not flourish together.3.Consent makes law.4.Custom has the force of law.5.Customs,religions and philosophies tend to form the basis for a nation's laws6.Equity is a correction of common legal rules in their defective parts.7.Except as otherwise provided by law.8.Every law has a loop hole.9.Every law has no atom of strength,as far as no public opinion supports in.10.In civilized life,law floats in a sea of ethics.11.It can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authority and the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.No,crime without law making it so;no penalty without law making it so.31.No one is above the law.32.One with the law is a majority.33.Scarcely any law can be made which is beneficial to all;but if it benefits the majority it is useful.34.Substantial law defined rights,and procedural law establishes the procedures by which rights are protected and enforced.35.The definition of law depends on how we look at its purposes or funcitons.36.The end of law is not abolish or restrain,but to preserve and enlarge freedom.37.The first of all laws is to respect the laws.38.The law cannot make all men equal,but they are all equal before the law.39.The law does not concern itself about family trifles.40.The law holds no man responsible for the act of god.41.The law is the witness and external deposit of our moral life.42.The law never suffers anything contrary to trun.43.The law often allows what honor forbids.44.The law on libel is considered too lenient.。

关于法律的英语口语对话

关于法律的英语口语对话

关于法律的英语口语对话一我和犯法的事一点关系都没有AI need order in the court!保持肃静!BI am ready to make my plea.我准备好为自己辩护了。

AWhat do you plead?你要辩护什么?BI plead not guilty.我是无罪的。

AAll the evidence indicates that you are guilty.所有的证据都证明你有罪。

BI realize that, but I am not guilty.我知道,但是我不是。

AIs that right?真的吗?BI had nothing to do with the crime that was committed.我和犯法的事一点关系都没有。

AWho is the guilty party?那是谁干的?BI’ll tell you if you let me go.如果你能放我走,我就告诉你。

AI’d be glad to make a deal with you.可以答应你的要求,如果你告诉我的话。

BI am willing to tell you that information.我愿意告诉你实情。

二我准备好为自己做无罪辩护了AOrder!肃静!BYour Honor, I am ready to make my plea.法官大人,我已经准备好为自己辩护了。

AWhat’s your plea?你有什么需要说的吗?BI am pleading not guilty.我没有犯罪。

ABut all the evidence points to you.但是所有的证据都指向了你。

BI am not the guilty party我不是罪犯。

AWhat are you saying?你在说什么?BI am not the person who committed that crime.我不是干坏事的那个人。

法律英语口语:原告和被告

法律英语口语:原告和被告

以下是整理的《法律英语⼝语:原告和被告》,希望⼤家喜欢!1.The accused admitted six other offences.2.The accused had no criminal record.3.The accused throughout is presumed to be innocent unless he admits the offence or until he is proved beyond reasonable doubt to be guilty.4.The accused was convicted of murder and will be sentenced next week.5.The accused was found to be innocent.6.The case proceeded notwithstanding the objections of the defendant.7.The defendant applied for an extension of time in which to serve her defense.8.The defendant asked permission to address the court.9.The defendant entered defense of justification.10.The defendant has the right to file a counter-suit.11.The defendant has applied for an adjounment.12.The defendant is in breach of his statutory duty.13.The defendant prevailed in the case.14.The defendant was in court for three hours.15.The defense attorney's objection was overruled by the judge.16.The lack of good will was evidenced by the defendant's behavior in the witness stand.17.The plaintiff is seeking remedy through the courts.18.The relief the plaintiff sought was an injunction and damages.19.The plaintiff's account and defendant's response were filed with a master in chancery.20.The respondent was not acting bona fide.原告和被告被告承认其他六个犯罪⾏为.被告没有前科.在招认犯罪或毫⽆疑义地被证实有罪之前,被告都应被推定⽆罪.被告已被定谋划杀罪并于下周判刑.被告被判⽆罪.尽管被告反对,诉讼照常进⾏.被告申请延长她送答辩状的时间.被告要求允许他在法庭讲话.被告⽤被控⾏为正当为由进⾏辩护.被告有权提起反诉.被告提出休庭申请.被告未履⾏他的法定义务.被告胜诉被告被法庭审了三个⼩时.被告辩护律师提出的反对意见被法官驳回.被告在证⼈席的⾏为显⽰其缺乏善意.原告正通过法院寻求救济.原告请求的救济为强制令和损害赔偿⾦.原告的指控和被告的辩护被提交给了司法衡平法院的主事官.被告的⾏为不真诚.。

法律英语口语常见词汇

法律英语口语常见词汇

【导语】近年来,英语教育的快速发展极⼤地促进了中国全民英语⽔平的提⾼,同时也推动了社会的繁荣进步,所以学好英语⼝语是⾮常重要的。

以下是整理的法律英语⼝语常见词汇,欢迎阅读!1.法律英语⼝语常见词汇 案件受理费 court acceptance fee 案情重⼤、复杂 important and complicated case 案由 cause of action 案⼦ case 包揽诉讼 monopolize lawsuits 被告 defendant(⽤于民事、⾏政案件) 被上诉⼈ appellee 被诉⼈ respondent; defendant 本案律师 councel pro hac vice 本地律师 local counsel 毕业证 diploma; graduation certificate 辩护词 defense; pleadings 辩护律师 defense lawyer 辩护要点 point of defense 辩护意见 submission 财产租赁 property tenancy 裁定书 order; ruling; determination(指终审裁定) 裁决书 award(⽤于仲裁) 裁决书 verdict(⽤于陪审团) 采信的证据 admitted evidence; established evidence 草拟股权转让协议 drafting agreement of assignment of equity interests 查阅法条 source legal provisions 产权转让 conveyancing 出差 go on errand; go on a business trip 出国深造 further study abroad 出具律师意见书 providing legal opinion 出⽰的证据 exhibit 出庭 appear in court 传票 summons; subpoena 答辩状 answer; reply 代理词 representation 代理房地产买卖与转让 agency for sale and transfer of real estate 代理公证、商标、专利、版权、房地产、⼯商登记 agency for notarization, trademark, patent, copyright, and registration of real estate and incorporations 代理仲裁 agency for arbitration 待决案件 pending case 当事⼈陈述 statement of the parties 第三⼈ third party 吊销执业证 revocation of lawyer lice2.⾯试英语⼝语常⽤句型 1. are you hiring? 你们招⼈吗? 2. i saw your ad* in the paper and wanted to apply for the job. 我看到你们在报纸上登的⼴告想来应聘这个⼯作。

法律英语口语大全:法律

法律英语口语大全:法律

法律英语口语大全:法律1.a later statute takes away the effect of a prior one.2.arms and laws do not flourish together.3.consent makes law.4.custom has the force of law.5.customs,religions and philosophies tend to form the basis for a nation's laws6.equity is a correction of common legal rules in their defective parts.7.except as otherwise provided by law.8.every law has a loop hole.9.every law has no atom of strength,as far as no public opinion supports in.10.in civilized life,law floats in a sea of ethics.11.it can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authorityand the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.no,crime without law making it so;no penalty without law making it so.31.no one is above the law.32.one with the law is a majority.33.scarcely any law can be made which is beneficial。

法律英语口语:法律

法律英语口语:法律

法律英语口语:法律1.a later statute takes away the effect of a prior one.2.arms and laws do not flourish together.3.consent makes law.4.custom has the force of law.5.customs,religions and philosophies tend to form the basis for a nation's laws6.equity is a correction of common legal rules in their defective parts.7.except as otherwise provided by law.8.every law has a loop hole.9.every law has no atom of strength,as far as no public opinion supports in.10.in civilized life,law floats in a sea of ethics.11.it can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authority and the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.no,crime without law making it so;no penalty without law making it so.31.no one is above the law.32.one with the law is a majority.33.scarcely any law can be made which is beneficial to all;but if it benefits the majority it is useful.34.substantial law defined rights,and procedural law establishes the procedures by which rights are protected and enforced.35.the definition of law depends on how we look at its purposes or funcitons.36.the end of law is not abolish or restrain,but to preserve and enlarge freedom.37.the first of all laws is to respect the laws.38.the law cannot make all men equal,but they are all equal before the law.39.the law does not concern itself about family trifles.40.the law holds no man responsible for the act of god.41.the law is the witness and external deposit of our moral life.42.the law never suffers anything contrary to trun.43.the law often allows what honor forbids.44.the law on libel is considered too lenient.45.the law protects citizens who are wrongfully deprived of their liberty by another.46.the law was made for man and not man for the law.47.the law will catch up with him in the end.48.the legal source of the privilege varies from jurisdiction to jurisdiction.49.the more laws,the more offences.50.the new regulations will come into force on january 1st.51.the powers and duties are confered on the tribunal by the statutory code.52.the reason of the law ceasing,the law itself ceases.53.the safety of the people is the supreme law.54.the strictest law sometimes becomes the severest injustice.55.this document is legally binding.56.this law is in abeyance.57.this law has become a dead letter.58.this law will go into effect on the day if its promulgation.59.where law ends,tyranny begins.60.where there are uncertainties,there are no laws.。

法律英语口语900句:法庭

法律英语口语900句:法庭

法律英语口语900句:法庭1.A judicial forum has nothing to do with what is not before it.2.The court found the accused guilty on all charges.3.The court has made an order for specific performance.4.The court ordered the company's funds to be seized.5.The court recorded an open verdict on the dead policeman.6.The court returned a verdict of death by misadventure.7.She was acting on the arthority of the court.8.Six weeks elapsed before the court order was put into effect.9.The court asked for details of the background to the case.10.The court asked the accused to show good causewhy the should not be sent to prison.11.The court dismissed the action.12.The court extended the defendant's time for serving his defense by fourteen days.13.The court followed the precedent set in 1926.14.The court granted the company a two-week stay of execution.15.The court heard evidence from a fingerprint expert.16.The court held that there was no to answer.17.The court is not competent to try the case.18.The court ordered certiorari following judicial review,quashing the order made by the juvenile court.19.The court ordered the bailiffs to saize his propertybecause he has not paid his fine.20.The court ordered the case to be retried.21.The court's opinion was that the case should be heardinter parties as soon as possible.22.The court recorded a plea of not guilty.23.The court took the view that the defendant's plea was equivocal.24.The court will decide on the admissibility of the evidence.25.The Crown Court directed the justices to rehear the case.26.The decision of the court runs counter to the adviceof the clerk to the justice.27.The granting of an injunction is at the discretion of the court.28.The tribunal decided against awarding any damages.29.The tribunal should act in good faith.30.The tribunal's ruling has established a precedent.8、法庭法院不能主动寻找案件。

法律英语口语900句 (46):刑罚

法律英语口语900句 (46):刑罚

法律英语口语900句(46):刑罚四十六、刑罚(punishment)1.criminal punishment ought to be based upon blameworthinessonly,and not imposed upon those connot be blamed.2.guilt always hurries towards its complement, i.e.punishment, only there does its satisfaction lie.3.he was kept in solitary confinement for a week.4.if the prosecution can prove that the defendant acted "forpurpose of commercial advantage",the maximum sentence is fiveyears in prison.5.legal circumstances and consideration circumstances showno difference and work in coordination in the course ofdiscretion of punishment.6.no one can be punished twice for the same offence.7.punishment is justice for the unjust.8.punishment ought to be inflicted upon the guilty,and notupon others.9.the goal of punishment should be to reform the criminal sothat he will not commit a crime again.10.that justice with absolutely prevents a crime is betterthan that which severely punishes it.刑罚只能建立在可责性的基础上,不可责者不应受罚。

法律英语口语:关于法律

法律英语口语:关于法律

这篇《法律英语⼝语:关于法律》,是特地为⼤家整理的,希望对⼤家有所帮助! Law法律1.A later statute takes away the effect of a prior one.2.Arms and laws do not flourish together.3.Consent makes law.4.Custom has the force of law.5.Customs,religions and philosophies tend to form the basis for a nation's laws6.Equity is a correction of common legal rules in their defective parts.7.Except as otherwise provided by law.8.Every law has a loop hole.9.Every law has no atom of strength,as far as no public opinion supports in.10.In civilized life,law floats in a sea of ethics.11.It can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authority and the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.No,crime without law making it so;no penalty without law making it so.31.No one is above the law.32.One with the law is a majority.33.Scarcely any law can be made which is beneficial to all;but if it benefits the majority it is useful.34.Substantial law defined rights,and procedural law establishes the procedures by which rights are protected and enforced.35.The definition of law depends on how we look at its purposes or funcitons.36.The end of law is not abolish or restrain,but to preserve and enlarge freedom.37.The first of all laws is to respect the laws.38.The law cannot make all men equal,but they are all equal before the law.39.The law does not concern itself about family trifles.40.The law holds no man responsible for the act of god.41.The law is the witness and external deposit of our moral life.42.The law never suffers anything contrary to trun.43.The law often allows what honor forbids.44.The law on libel is considered too lenient.45.The law protects citizens who are wrongfully deprived of their liberty by another.46.The law was made for man and not man for the law.47.The law will catch up with him in the end.48.The legal source of the privilege varies from jurisdiction to jurisdiction.49.The more laws,the more offences.50.The new regulations will come into force on January 1st.51.The powers and duties are confered on the tribunal by the statutory code.52.The reason of the law ceasing,the law itself ceases.53.The safety of the people is the supreme law.54.The strictest law sometimes becomes the severest injustice.55.This document is legally binding.56.This law is in abeyance.57.This law has become a dead letter.58.This law will go into effect on the day if its promulgation.59.Where law ends,tyranny begins.60.Where there are uncertainties,there are no laws.7、法律后法优于前法。

法律英语口语示例

法律英语口语示例

法律英语口语示例法律英语口语示例1.A judicial forum has nothing to do with what is not before it.法院不能主动寻找案件。

2.The court found the accused guilty on all charges.法庭裁决被告犯有所有被指控的罪行。

3.The court has made an order for specific performance.法院已经做出强制履行裁定。

4.The court ordered the company's funds to be seized.法院命令没收公司资金。

5.The court recorded an open verdict on the dead policeman.法庭对警察死因不明的裁决作了记录。

6.The court returned a verdict of death by misadventure.法院裁定为意外事故死亡。

7.She was acting on the arthority of the court.她按法院给她的权力做事。

8.Six weeks elapsed before the court order was put into effect.六周后法院命令才生效。

9.The court asked for details of the background to the case.法院要求了解案件详细的背景情况。

10.The court asked the accused to show good cause why the should not be sent to prison.法院让被告拿出他不应该被监禁的充足的理由。

11.The court dismissed the action.法院驳回诉松。

12.The court extended the defendant's time for serving his defense by fourteen days.法院把被告送交答辩状的时间延长了14天。

法律英语基础听说900句[7]

法律英语基础听说900句[7]

法律英语基础听说900句[7]法律英语基础听说900句[7]七 Law1,A later statute takes away the effect of a prior one.后法优于前法.2,Arms and laws do not flourish together.武力与法律不能同时兴盛.3,Consent makes law.合意产生法律.4,Custom has the force of law.民俗具有法律效力.5,Customs,religious and philosophies tend to form the basis for a nation's laws.风俗宗教和哲学常是一个国家法律构成之基础.6,Equity is a correction of common legal rules in their defective parts.衡平法是对普通法律规则中瑕疵部分的矫正.7,Except as otherwise provided by law.法律另有规定的除外.8,Every law has a loop hole.凡是法律皆有漏洞.9,Every law has no atom of strength, as far as no public opinion supports it.若无公众舆论支持,法律是没有丝毫力量的.10,In civilized life, law floats in a sea of ethics.在文明社会,法律依靠道德所支撑.11,It can hardly be taken to be a guarantee that every law shall treat every person the same.不能保证每一部法律都能平等地对待每一个人。

12,Law can never be enforced unless fear supports it.没有威慑力的法律绝对不会具有效力。

法律中常见的英语口语

法律中常见的英语口语

【导语】法律英语即法律语⾔,主要是指在英语中指表述法律科学概念以及诉讼或⾮诉讼法律事务时所⽤的语种或某⼀语种的部分⽤语。

以下是⽆忧考整理的法律中常见的英语⼝语,欢迎阅读!1.法律中常见的英语⼝语 The spoken word flies; the written word remains. ⼝说⽆凭,⽴此为证。

Truth is afraid of nothing but concealment. 真相⽆所惧,唯怕被隐瞒。

We must follow a strict interpretation of the rules. 我们必须对规则严格解释。

Who pardons the bad, injures the good. 宽恕坏⼈必伤及好⼈。

Suppression of the thuth is the expression of what is false. 压抑真相,犹如做伪。

The history of liberty has largely been the history of the observance of procedural safeguards. ⾃由的历史在很⼤程度上是遵守秩序保障条款的历史。

The place governs the act. 场所⽀配⾏为。

Nobody has a more sacred obligation to obey the law than those who make the law. 法律制定者⽐谁都更具有守法之神圣义务。

She who comes to equity come with clean hands. ⾃⾝清⽩者⽅能获得衡平救济。

The rules must not be constantly changing. 规则不得朝令⼣改。

The same transaction give rise to both a civil and a criminal action. 同⼀活动可能会导致民事和刑事诉讼。

法律英语口语900句之责任

法律英语口语900句之责任

【导语】法律英语所使⽤的语⾔不仅是英语本⾝,还包括其它语种,如法语、拉丁⽂等。

法律英语是法律科学与英语语⾔学间交叉学科研究的结晶。

以下是整理的法律英语⼝语900句之责任,欢迎阅读!1.法律英语⼝语900句之责任 责任 Duty 1.A duty is an obligation of law imposed on a person to perform or refrain from performing a certain act. 责任是法律所规定的⼀个⼈为或不为之义务。

2.A person who causes harm in exercising justifiable defense shall not bear vivil liability. 因正当防卫造成损害的,不承担民事责任。

3.Failure to observe the code does not render anyone liable to proceedings. 违反该法典者并不承担诉讼责任。

4.If two or more persons jointly infringe upon another person's rights and cause him damage,the shall bear joint liability. 两⼈以上共同侵权造成他损害的,应当承担共同责任。

5.Ignorance of fact excuses. 不知情可作为免责的理由。

6.The amount of damages is governed by the seriousness of the injuries suffered. 损失赔偿⾦取决于所遭损失的严重程度。

7.The customer is liable for breakages. 顾客对破损承担法律责任。

8.They are jointly and severally liable. 他们应承担共同和连带责任。

法律英语口语常用词汇

法律英语口语常用词汇

法律英语口语常用词汇一、律师部分案件受理费 court acceptance fee案情重大、复杂 important and complicated case案由 cause of action案子 case包揽诉讼 monopolize lawsuits被告 defendant(用于民事、行政案件); the accused (用于刑事案件)被上诉人 appellee被诉人 respondent; defendant本案律师 councel pro hac vice本地律师 local counsel毕业证 diploma; graduation certificate辩护词 defense; pleadings辩护律师 defense lawyer辩护要点 point of defense辩护意见 submission财产租赁 property tenancy裁定书 order; ruling; determination(指终审裁定)裁决书 award(用于仲裁)裁决书 verdict(用于陪审团)采信的证据 admitted evidence; established evidence草拟股权转让协议 drafting agreement of assignment of equity interests查阅法条 source legal provisions产权转让 conveyancing出差 go on errand; go on a business trip出国深造 further study abroad出具律师意见书 providing legal opinion出示的证据 exhibit出庭 appear in court传票 summons; subpoena答辩状 answer; reply代理词 representation代理房地产买卖与转让 agency for sale and transfer of real estate代理公证、商标、专利、版权、房地产、工商登记 agency for notarization, trademark, patent, copyright, and registration of real estate and incorporations代理仲裁 agency for arbitration代写文书 drafting of legal instruments待决案件 pending case当事人陈述 statement of the parties第三人 third party吊销执业证 revocation of lawyer license调查笔录 investigative record调查取证 investigation and gathering for evidence 调解 mediation调解书 mediation二审案件 case of trial of second instance发送电子邮件 send e-mail法律顾问 legal consultants法律意见书 legal opinions法律援助 legal aid法律咨询 legal counseling法庭 division; tribunal法学博士学位 LL.D (Doctor of Laws)法学会 law society法学课程 legal courses法学硕士学位 LL.M (Master of Laws)法学系 faculty of law; department of law法学学士学位 LL.B (Bachelor of Laws)J.D ( juris doctor缩写,美国法学学士)法学院 law school法院公告 court announcement反诉状 counterclaim房地产律师 real estate lawyer; real property lawyer非合伙律师 associate lawyer非诉讼业务 non-litigation practice高级合伙人 senior partner高级律师 senior lawyer各类协议和合同 agreements and contracts公安局 Public Security Bureau公司上市 company listing公诉案件 public-prosecuting case公证书 notarial certificate国办律师事务所 state-run law office国际贸易 international trade国际诉讼 international litigation国内诉讼 domestic litigation合伙律师 partner lawyer合伙制律师事务所 law office in partner-ship; cooperating law ofice合同审查、草拟、修改 contract review, drafting and revision会见当事人 interview a client会见犯罪嫌疑人 interview a criminal suspect兼职律师 part-time lawyer监狱 prison; jail鉴定结论 expert conclusion缴纳会费 membership dues举证责任 burden of proof; onus probandi决定书 decision勘验笔录 record of request看守所 detention house抗诉书 protest控告人 accuser; complainant跨国诉讼 transnational litigation劳动争议 labor disputes劳动争议仲裁委员会 arbitration committee for labor disputes劳改场 reform-through-labor farm; prison farm利害关系人 interested party; party in interest律管处处长 director of lawyer control department律师 lawyer attorney; attorney at law律师惩戒 lawyer discipline律师法 Lawyer Law律师费 lawyer fee律师函lawyer’s letter律师见证 lawyer attestation/authentication律师见证书 lawyer certification/authentication/witness律师卷宗lawyer’s docile; file律师刊物lawyer’s journal律师联系电话 contact phone number of a lawyer律师事务所 law office; law firm律师收费 billing by lawyer律师网站 lawyer website律师协会 National Bar (Lawyer) Association律师协会会员 member of Lawyer Association律师协会秘书长 secretary general of Bar (Lawyer) Association律师协会章程 Articles of Lawyer Assocition律师业务室lawyer’s office律师执业证 lawyer license律师助理 assistant lawyer律师资格考试 bar exam; lawyer qualification exam律师资格证 lawyer qualification certificate民事案件 civil case民事调解 civil mediation民事诉讼 civil litigation派出所 local police station; police substation判决 judgement(用于民事、行政案件);determination(用于终审);sentence(用于刑事案);verdict(由陪审团作出)旁证 circumstantial evidence企业章程 articles of association; articles of incorporation; bylaw企业重组 corporate restructure起诉状 information; indictment取消律师资格 disbar全国律师代表大会 National Lawyer Congress缺席宣判 pronounce judgement or determination by default人民法院People’s Court人民检察院People’s Procuratorate认定事实 determine facts上诉案件 case of trial of second instance; appellate case上诉人 appellant上诉状 petition for appeal涉外律师 lawyers specially handling foreign-related matters申请复议 administrative reconsideration petition申请加入律师协会 application for admission to Law Association申请人 petitioner; claimant申诉案件 appeal case申诉人(仲裁) claimant; plaintiff申诉书 appeal for revision, petition for revision实习律师 apprentice lawyer; lawyer in probation period实习律师证 certificate of apprentice lawyer视听证据 audio-visual reference material适用法律 apply law to facts受害人 victim书证 documentary evidence司法部 Ministry of Justice司法建议书 judicial advise司法局 Judicial Bureau司法局副局长 deputy director of Judicial Bureau司法局局长 director of Judicial Bureau司法统一考试 uniform judicial exam送达 service of process诉讼 litigation; action; lawsuit诉讼当事人 litigation party; litigious party诉讼业务 litigation practice诉状 complaint; bill of complaint; statement of claim 推销法律服务 promote/market legal service外国律师事务所 foreign law office委托代理合同 authorized representation contract委托代理人 agent ad litem; entrusted agent委托授权书 power of attorney物证 material evidence嫌疑人 criminal suspect项目融资 project financing项目谈判 project negotiating刑事案件 criminal case刑事诉讼 criminal litigation行政诉讼 administrative litigation休庭 adjourn the court; recess宣判 pronounce judgement; determination宣誓书 affidavit业务进修 attendance in advanced studies一审案件 case of trial of first instance与国外律师事务所交流 communicate with foreign law firms原告 plaintiff证券律师 securities lawyer证人证言 testimony of witness; affidavit执行笔录 execution record执业登记 registration for practice执业范围 scope of practice; sphere of practice; practice area执业申请 practice application执业证年检 annual inspection of lawyer license仲裁 arbitration仲裁案件 arbitration case仲裁机构 arbitration agency专门律师 specialized lawyer专职律师 professional lawyer; full-time lawyer撰写法律文章 write legal thesis资信调查 credit standing investigation自诉案件 private prosecuting case二、诉讼法律案件 case案件发回 remand/rimit a case (to a low court)案件名称 title of a case案卷材料 materials in the case案情陈述书 statement of case案外人 person other than involved in the case案值 total value involved in the case败诉方 losing party办案人员 personnel handling a case保全措施申请书 application for protective measures 报案 report a case (to security authorities)被告 defendant; the accused被告人最后陈述 final statement of the accused被告向原告第二次答辩 rejoinder被害人 victim被害人的诉讼代理人victim’s agent ad litem被上诉人 respondent; the appellee被申请人 respondent被申请执行人 party against whom execution is filed 被执行人 person subject to enforcement本诉 principal action必要共同诉讼人 party in necessary co-litigation变通管辖 jurisdiction by accord辩护 defense辩护律师 defense attorney/lawyer辩护人 defender辩护证据 exculpatory evidence; defense evidence辩论阶段 stage of court debate驳回反诉 dismiss a counterclaim; reject a counterclaim驳回请求 deny/dismiss a motion驳回上诉、维持原判 reject/dismiss the appeal and sustain the original judgement/ruling驳回诉讼 dismiss an action/suit驳回通知书 notice of dismissal驳回自诉 dismiss/reject a private prosecution驳回自诉裁定书 ruling of dismissing private-prosecuting case补充答辩 supplementary answer补充判决 supplementary judgement补充侦查 supplementary investigation不公开审理 trial in camera不立案决定书 written decision of no case-filing不批准逮捕决定书 written decision of disapproving an arrest不起诉 nol pros不予受理起诉通知书 notice of dismissal of accusation by the court财产保全申请书 application for attachment; application for property preservation裁定 order; determination (指最终裁定)裁定管辖 jurisdiction by order裁定书 order; ruling裁决书 award采信的证据 admitted evidence查封 seal up撤回上诉 withdraw appeal撤诉 withdraw a lawsuit撤销立案 revoke a case placed on file撤销原判,发回重审 rescind the original judgement and remand the case ro the original court for retrial出示的证据 exhibit除权判决 invalidating judgement (for negotiable instruments)传唤 summon; call传闻证据 hearsay答辩 answer; reply答辩陈述书 statement of defence答辩状 answer; reply大法官 associate justices; justice大检察官 deputy chief procurator代理控告 agency for accusation代理申诉 agency for appeal代理审判员 acting judge代为申请取保候审 agency for application of the bail pending trial with restricted liberty of moving弹劾式诉讼 accusatory procedure当事人陈述 statement of the parties当庭宣判 pronouncement of judgement or sentence in court地区管辖 territorial jurisdiction地区检察分院 inter-mediate People’s Procuratorate第三人 third party调查笔录 record of investigation定期宣判 pronouncement of judgement or sentence later on a fixed date定罪证据 incriminating evidence; inculpatory evidence冻结 freeze督促程序 procedure of supervision and urge独任庭 sole-judge bench独任仲裁员 sole arbitrator对妨碍民事诉讼的强制措施 compulsory measures against impairment of civil action对席判决 judgement inter parties二审 trial of second instance二审案件 case of trial of second insurance罚款 impose a fine法定证据 statutory legal evidence法定证据制度 system of legal evidence法官 judges法警 bailiff; court police法律文书 legal instruments/papers法律援助 legal aid法律咨询 legal consulting法庭辩论 court debate法庭调查 court investigation法庭审理笔录 court record法庭审理方式 mode of court trial法庭庭长 chief judge of a tribunal法院 court法院公告 court announcement反诉 counterclaim反诉答辩状 answer with counterclaim反诉状 counterclaim犯罪嫌疑人 criminal suspect附带民事诉讼案件 a collateral civil action附带民事诉讼被告 defendant of collateral civil action复查 reexamination; recheck复验 reinspect高级法官 senior judge高级检察官 senior procurator高级人民法院Higher People’s Court告诉案件 case of complaint告诉才处理的案件 case accepted at complaint告诉申诉庭 complaint and petition division工读学校 work-study school for delinquent children公安部 Ministry of Public Security公安分局 public security sub-bureau公安厅 public security bureau at the levels of provinces, autonomous regions and cities under direct jurisdiction of central government公开审理 trial in public公开审判制度 open trial system公示催告程序 procedure of public summons for exhortation公诉案件 public-prosecuting case公诉词 statement of public prosecution公证机关 public notary office共同管辖 concurrent jurisdiction管辖 jurisdiction国际司法协助 international judicial assistance海事法院 maritime court合议庭 collegial panel合议庭评议笔录 record of deliberating by the collegiate bench和解 composition; compromise核对诉讼当事人身份 check identity of litigious parties恢复执行 resumption of execution回避 withdrawal混合式诉讼 mixed action基层人民法院basic People’s Court羁押期限 term in custody级别管辖 subject matter jurisdiction of courts at different levels监视居住 living at home under surveillance监狱 prison检察官 procurator检察权 prosecutorial power检察委员会 procuratorial/prosecutorial committee检察院 procuratorate检察院派出机构 outpost tribunal of procuratorate简易程序 summary procedure鉴定结论 expert conclusion经济审判庭 economic tribunal径行判决 direct adjudication without sessions; judgement without notice纠问式诉讼 inquisitional proceedings拘传 summon by force; summon by warrant拘留所 detention house举报 information/report of an offence举证责任 burden of proof; onus probandi决定书 decision军事法院 military procuratorate开庭审理 open a court session开庭通知 notice of court session勘验笔录 record of inquest看守所 detention house可执行财产 executable property控告式诉讼 accusatory proceedings控诉证据 incriminating evidence控诉职能 accusation function扣押 distrain on; attachment扣押物 distress/distraint宽限期 period of grace劳动争议仲裁申请书 petition for labor dispute arbitration劳改场 reform-through-labor farm劳教所 reeducation-through-labor office类推判决的核准程序 procedure for examination and approval of analogical sentence累积证据 cumulative evidence立案报告 place a case on file立案管辖 functional jurisdiction立案决定书 written decision of case-filing立案侦查 report of placing a case on file利害关系人 interested party临时裁决书 interim award律师见证书lawyer’s written attestation; lawyer’s written authentication律师事务所 law office; law firm律师提前介入 prior intervention by lawyer免于刑事处分 exemption from criminal penalty民事案件 civil case民事审判庭 civil tribunal民事诉讼 civil action民事诉讼法 Civil Procedural Law扭送 seize and deliver a suspect to the police派出法庭 detached tribunal派出所 police station判决 judgement; determination判决书 judgement; determination; verdict (指陪审团作出的)旁证 circumstantial evidence陪审员 juror批准逮捕 approval of arrest破案 clear up a criminal case; solve a criminal case破产 bankruptcy; insolvency普通程序 general/ordinary procedure普通管辖 general jurisdiction企业法人破产还债程序 procedure of bankruptcy and liquidation of a business corporation起诉 filing of a lawsuit起诉 sue; litigate; prosecute; institution of proceedings起诉状 indictment; information区县检察院grassroots People’s Procuratorate取保候审 the bail pending trial with restricted liberty of moving缺席判决 default judgement人民调解委员会People’s Mediation Committee认定财产无主案件 cases concerning determination of property as qwnerless认定公民无民事行为水平、限制民事行为水平案件cases concerning determination of a citizen as incompetent or with limited disposing capacity上诉 appeal上诉人 appellant上诉状 petition for appeal少管所 juvenile prison社会治安综合治理 comprehensive treatment of social security涉外案件 cases involving foreign interests涉外民事诉讼 foreign civil proceedings涉外刑事诉讼 foreign criminal proceedings申请人 applicant; petitioner申请书 petition; application for arbitration申请执行人 execution applicant申诉人宣誓书claimant’s affidavit of authenticity申诉书 appeal for revision; petition for revision神示证据制度 system of divinity evidence神示制度 ordeal system审查案件 case review审查并决定逮捕 examine and decide arrest审查起诉阶段 stage of review and prosecution审理通知书 notice of hearing审判长 presiding judge审判长宣布开庭 presiding judge announce court in session 审判管辖 adjudgement/trial jurisdiction审判监督程序 procedure for trial supervision审判委员会 judicial committee审判员 judge审问式诉讼 inquisitional proceedings生效判决裁定 legally effective judgement/order胜诉方 winning party省市自治区检察院higher People’s Procuratorate失踪和死亡宣告 declaration of disappearance and death实(质)体证据 substantial evidence实物证据 tangible evidence实在证据 real evidence示意证据 demonstrative evidence视听证据 audio-visual evidence收容所 collecting post; safe retreat首席大法官 chief justice首席检察官 chief procurator受害人的近亲属victim’s immediate family受理 acceptance受理刑事案件审批表 registration form of acceptance of criminal case受送达人 the addressee书记员 court clerk书记员宣读法庭纪律 court clerk reads court rules书证 documentary evidence司法部 Ministry of Justice司法机关 judicial organizatons司法警察 judicial police司法局 judicial bureau司法厅 judicial bureau at the levels of provinces, autonomous regions, and cities under direct jurisdiction of central government司法协助 judicial assistance死缓的复核 judicial review of death sentence with a retrieve死刑复核程序 procedure for judicial review of death sentence死刑复核权 competence for judicial review of death sentence送达 service of process送达传票 service of summons/subpoena送达诉状 service of bill of complaint搜查 search诉 sue; suit; action; lawsuit诉前财产保全 property attachment prior to lawsuit诉讼 litigation; lawsuit; sue; action诉讼保全 attachment诉讼参加人 litigious participants诉讼代理人 agent ad litem诉状 complaint; bill of complaint; state of claim特别程序 special procedures提起公诉 institute a public prosecution铁路法院 railway court铁路检察院 railroad transport procuratorate庭审程序 procedure of court trial通缉 wanted for arrest投案 appearance退回补充侦查 return of a case for supplementary investigation委托辩护 entrusted defense未成年人法庭 juvenile court无行政职务的法官 associate judge无正当理由拒不到庭 refuse to appear in court without due cause无罪判决acquittal, finding of “ not guilty ”物证 material evidence先予执行申请书 application for advanced execution先予执行 advanced execution刑事案件 criminal case刑事拘留 criminal detention刑事强制拘留 criminal coercive/compulsory measures刑事审判庭 criminal tribunal刑事诉讼 criminal proceedings刑事诉讼法 Criminal Procedural Law刑事自诉状 self-incriminating criminal complaint行政案件 administrative case行政审判庭 administrative tribunal行政诉讼 administrative proceedings行政诉讼法 Administrative Procedural Law宣告失踪、宣告死亡案件 cases concerning the declaration of disappearance and death宣判笔录 record of rendition of judgement选民资格案件 cases concerning qualifications of voters询问证人 inquire/question a witness训诫 reprimand讯问笔录 record of interrogation询问犯罪嫌疑人 interrogate criminal suspect言词证据 verbal evidence要求传唤证人申请书 application for subpoena一裁终局 arbitration award shall be final and binding一审 trial of first instance一审案件 case of trial of first instance应诉通知书 notice of respondence to action有罪判决sentence; finding of “guilty”予审 preliminary examinantion; pretrial原告 plaintiff院长 court president阅卷笔录 record of file review (by lawyers)再审案件 case of retrial再审申请书 petition for retrial责令具结悔过 order to sign a statement of repentance债权人会议creditors’ meeting侦查阶段 investigation stage侦查终结 conclusion of investigation征询原、被告最后意见 consulting final opinion of the plaintiff and defendant证据 evidence证据保全 preserve evidence证据保全申请书 application for evidence preservation证人证言 testimony of witness; affidavit支付令 payment order/warrant知识产权庭 intellectual property tribunal执行程序 procedure execution执行逮捕 execution of arrest执行和解 conciliation of execution执行回转 recovery of execution执行庭 executive tribunal执行异议 objection to execution执行员 executor执行中止 discontinuance of execution执行终结 conclusion of execution指定辩护 appointed defense指定仲裁员声明 statement of appointing arbitrator中级人民法院intermediate People’s Court中途退庭 retreat during court session without permission 仲裁 arbitration仲裁被诉人 respondent; defendant仲裁裁决 award仲裁申请书 arbitration仲裁申诉人 claimant; plaintiff仲裁庭 arbitration tribunal仲裁委员会 arbitration committee仲裁协议 arbitration agreement; clauses of arbitration 仲裁员 arbitrator主诉检察官 principal procurator助理检察官 assistant procurator助理审判员 assistant judge专门法院 special court专门管辖 specific jurisdiction专属管辖 exclusive jurisdiction追究刑事责任 investigate for criminal responsibility自首 confession to justice自诉案件 private-prosecuting case自行辩护 self-defense自由心证制度 doctrine of discretional evaluation of evidence自侦案件 self-investigating case人民法院the Supreme People’s Court人民检察院the Supreme People’s Procuratorate最后裁决书 final award三、民事法律法律渊源 source of law制定法 statute判例法 case law; precedent普通法 common law特别法 special law固有法 native law; indigenous law继受法 adopted law实体法 substantial law程序法 procedural law原则法 fundamental law例外法 exception law司法解释 judicial interpretation习惯法 customary law公序良俗 public order and moral自然法 natural law罗马法 Roman Law私法 private law公法 public law市民法 jus civile万民法 jus gentium民法法系 civil law system英美法系 system of Anglo-American law 大陆法系 civil law system普通法 common law大陆法 continental law罗马法系 Roman law system英吉利法 English law衡平法 equity; law of equity日尔曼法 Germantic law教会法 ecclesiastical law寺院法 canon law伊斯兰法 Islamic law民法法律规范 norm of civil law 授权规范 authorization norm禁止规范 forbidding norm义务性规范 obligatory norm命令性规范 commanding norm。

法律英语口语的对话分享

法律英语口语的对话分享
练习语言听力的方法是要采取积极主动而非被动的方式。如果老师在介绍一篇课文时稍加一个短评,并且提出一个问题, 学生们就会积极主动地聆听。例如,老师说:"今天我准备给你们读一则讲述一个意外事件的故事。读完之后,我要问你们这 件事是如何发生的。"这会鼓励学生们积极认真地听,以求找到问题的答案。如果老师只是说:"请听这个故事",学生们则没 有聆听的重点。他们的双眼可能是睁着的,但头脑却是封闭的。
【 导语】英语学习最难的就是口语,要想提高自己的英语口语能力,掌握方法很重要。以下是整理的法律英语口语的对话, 欢迎阅读!
1.法律英语口语的对话 一、我和犯法的事一点关系都没有 AI need order in the court! 保持肃静! BI am ready to make my plea. 二、我准备好为自己做无罪辩护了 AOrder! 肃静!BYour Honor, I am ready to make my plea. 法官大人,我已经准备好为自己辩护了。 三、你现在自由了AYou’re free to leave. 你现在自由了,可以走了。 BI’m so excited. 我太激动了。 四、我开车时并没有超速 AAre you here about your ticket? 你被传唤到这里的吗?BYes, I am, Your Honor. 是的,法官先生。
2.多练习听力
因为中国学生在学习英语的过程中比较重视读写,所以听力就变成一个容易被忽略的东西。但是我们都知道,无论是考试 还是在实际使用中,听力都是我们必须重视的重点。练习听力时,我们要选择适合自己的听力材料。
3.善做记录
英语学习者一般都会遇到这样的情况,那就是在和别人说英语的时候会突然有一句话不知道怎样表达,或者知道一点点, 东拼西凑半天挤不出来那句话,也不知道自己说的正不正确。如何快速学习英语、遇到这种情况该怎么办呢?我建议大家把自 己平时想表达而又不会表达的句子记在一个本子上面。然后有机会就去请教老外。方法多多,每天我们或多或少都会遇到一些 不会表达的句子或单词,如果我们找一个专门的小本子把它们都记录下来,然后再有目的的解决这些问题,我们的英文一定会 一天一个进步的。
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法英口语24题1. To discuss the differences between the civil law system and the common law system. (P4 )There are many differences between civil law system and common law system.ⅠThe original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system. Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.ⅤThe role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.Ⅵ The civil procedure: Adversary system (对抗式诉讼)of common law system needs the parties to show the case the jury or the judges. And the judges need to be neutral and impartial. Inquisitorial system(纠问式诉讼)in civil law countries give the judges the power to investigate the case during the trail and also can ask the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching. (p4 ) ⅠLaw is an undergraduate degree in the USA, while in China is postgraduate degree.Ⅱ The teaching methodIn the USA, the teaching method is case method or Socratic method, in which the students instead of the professors play the important roles in the class.In China, the teaching style is magisterial—the professor exposes the law to his or her students, who take notes and do not intervene in class.Ⅲ Cases vs. DoctrinesIn the USA, students’ textbook is ca se book, which contains lots of cases and decisions made by the judges. In China, the students will read ―law doctrine‖ more than cases. The textbook involves many doctrines, concepts and theories.3To discuss the main features of the American court system(P17-19)There are fifty-two court systems in the U.S. ----each of the fifty states has its own system of courts, one for the District of Columbia and a federal system. They are independent systems of court.In the state court systems, court structures and court nomenclature vary from state to state. But all the state court systems exhibit a hierarchical structure, in which the decisions of lower courts may be taken for review toa higher court. Typically a state system will include several tiers of court:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil suits involving relatively small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases, without monetary or subject matter limitation.Every case should first be heard at the trial court. Then the party who loses at the trial court stage has a right to appeal case to the appellate court. Every state has its court of last resort, the appellate court which makes the final decision (subject to occasional review on ―federal questions‖ by the Supreme Court of the United States) of what the law is and should be. Most states have created intermediate appellate courts, empowered to finally dispose of the bulk of appellate cases.The structure of the federal judicial system is similar to what is found in the various states. There are three levels of courts:(1) U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction(2) U.S. courts of appeals (intermediate courts of appeals), and(3) the United States Supreme Court. Not like the other courts in federal judicial systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts (e.g. , the claims courts or the tax court ) which operate like District court in their specialized jurisdiction.4To discuss the significance of jurisdiction.(书上无,自己作答,供参考)First, defining jurisdiction, and make it simple will help agencies, organizations and citizens to institute legal proceedings to the judicial authorities which have jurisdiction over it, in order to protect the public interests and legitimate rights and interests of the citizens.Next, most ordinary cases will be placed under the primary jurisdiction of the judiciary, it is not only easy for the judiciary to spot investigation to verify the case , conduct legal education, but also to facilitate the participants to take part in the proceedings and the people to hear the case.Finally, this can save manpower, money and time, and smooth the conduct of legal proceedings to protect the procedural rights of participants in the proceedings.5. To discuss the main characteristics of case law. P 9-15The decisions of the judges, or of other officials empowered by the constitution or laws of a political entity to hear and decide the controversies, create the case law. As the name ―case law‖ s uggests, a particular decision, or a collection of particular decisions, generate law—that is, rules of general application, it can ensure the consistence of decisions and the instability in social relations.The case law is uniquely authoritative and infl uential in a ―common law country‖, which recognizes the doctrine of precedent, known also as the principle of stare dicisis. It is a distinctive policy that past judicial decisions are formally and ―generally binding‖ for the disposition of factually simil ar present controversies.In case law, the decision is a precedent only within the same jurisdiction and only when the pending case is similar to the precedent in material facts. What’s more, the some precedents have greater weight than others. The weight of precedent is affected by the place of court that decided it in the hierarchy of the jurisdiction.In case law, to the particular parties, the decision is a final disposition of the particular controversy, but, on the other hand, it is a precedent which is generally binding to the following cases. This is also the difference between res judicata and stare decisis.In case law, there are two distinct terms—―reversal‖ and ―overruling‖. The higher court can reverse the decision of a lower court, and the decision of the lower court is set aside and is no longer effective to the parties of the particular controversy. The highest court can overruled its own precedent, but the overruled prior decision continues to bind the particular parties, it is just no longer authoritative to the subsequent cases.The case law process in US court has a comparative ingredient: a court of last resort in a state dose not consider itself bound to follow another state’s case law rules, but it will carefully consider the outstate de cisions and, if find their reasoning persuasive, make use of them as source of guidance and justification. And some decisions have greater influence than others on the thinking of judges in other states.Despite the consideration of the persuasive authority from other jurisdictions, the outstate case has different effects with the true local ―precedent‖, much like the difference between the holding of a case which is fully authoritative and general binding and the dictum in a judicial opinion which is only persuasive authority. This is also the difference between the binding precedents and persuasive precedents.6. To discuss the significance of case Marbury vs. Madison. P47-59Marbury vs. Madison is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under the Constitution.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to the plaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediate concerns of the Republicans and sidestepped the controversy, but the great significance of the case lay in the Court’s assumption to itself of the final authority to determine if the Judiciary Act or any other act of Congress was constitutional. Thus the opinion ceded the immediate issue while profoundly enhancing the Court’s authority.So the case was the first strong pronouncement of the principle of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of the various sections of the Constitution as they apply to particular case brought before the Court.The principle of judicial review has great influence in United States, it has been a nature and necessary part of United States government structure. Over the years, a serious of Court decisions has affected a change in the way many Constitution clauses are interpreted, without amendment to the actual text of the Constitution. And if the actions of Congress or federal agencies are challenged as to the constitutionality, it is the court system that ultimately decides whether or not they are allowable under the Constitution.The case and judicial review also enhance the Court’s authority and assert the power of the judiciary under the principle of checks and balances. The other branches such as the legislative bodies and executive offices and levels of government have not always been happy with this, but by now the principle is firmly established and asserted, even the President could not challenge it.In a word, the case established the principle of judicial review which has been a permanent and indispensable feature of United States constitutional system. So the constitutional scholars, by consensus, regard the case as the most important case the Supreme Court ever has decided.7. The main differences between substantive law and procedural law.( P99-P101)Procedural law are said to define the form and method by which legal rights are enforced. While substantive law are said to define the legal rights themselves. Thus, procedure is often referred to as―adjective law‖ ,because procedural rules function to secure the objectives of substantive law.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules about form or method. For example, in the area of tort law, substantive tort rules provide conditions under which the tort feasor must pay damages to the injured party. It also governs how the injured person’s damages should be measured. In contrast, the law of procedural establishes the method to begin a lawsuit and the degree of detail with which the plaintiff must describe the ―claim‖. Also, italso provide for the rules of evidence.ⅡAlthough ―pure‖ substantive rules and ―pure‖ procedural rules exist, many rules are a mixture of both substance and procedural. Some rules that seem to be procedural are adopted for substantive reasons; likewise, some rules that seem to be substantive are adopted for procedural reasons. For example, in the case of the plaintiff is contributorily negligent and that negligence contribu ted to the plaintiff’s injury, lawmakers may require that the defendant proves that the plaintiff was contributorily negligent. Although this burden-of-proof rule regulates an aspect of trial procedural, lawmakers adopt it for a substantive reason. Procedural policies generally involve efficiency consideration. But when lawmakers create a burden-of-proof rule designed to make it harder for one side to win, they are not aiming at efficiency consideration. Rather, they are aiming at achieving a substantive social objective that transcends efficiency in judicial proceedings.ⅢStatutes of frauds reflect both procedural policy and substantive policy. They are often designed to avoid the difficulties that one party asserts the existence of an oral contract and the other party denies its existence. This requirement is arguably a procedural onebecause it focuses on the fallibility of the evidentiary process employed in judicial proceedings. However, instead of this procedural purpose, statutes of frauds are someti mes supported by a ―cautionary‖ policy. For example, the lawmakers want parties to think carefully before entering into the contracts to prevent―ill-considered and impulsive promises‖. This policy is a substantive one because it focus on behavior outside the context of litigation rather than problems that oral contracts would cause in the litigation process.8. Whether the death penalty should be abolished in America. (P66-P68 )The US Supreme Court holds that the death penalty is not unconstitutionally ―cruel and unusual‖ punishment. The Court points out that the use of the death penalty for murder ―has a long history of acceptance both in the US and in England‖ and that ―it is apparent from the text of the Constitution that the existence of capital puni shment was accepted by the Framers‖. The Supreme Court also holds that some procedures like prompt judicial review of the jury’s decision is necessary in order to assure that sentences of death will not be ―wantonly‖ or ―freakishly‖ imposed.(书上只是讲了美国最高法院对死刑的态度,没有讨论是否应当废除死刑的理由。

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