6步写好法律英语(A legal brief )

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根据法律作文英语模板

根据法律作文英语模板

根据法律作文英语模板英文回答:Introduction。

Lawyers are often required to write persuasive essaysin order to advocate for their clients' interests. These essays can be challenging to write, as they require a deep understanding of the law as well as strong writing and analytical skills. However, by following a few simple steps, you can write a persuasive legal essay that willeffectively advocate for your client's position.Step 1: Understand the Law。

The first step to writing a persuasive legal essay isto understand the law that is relevant to your case. This means reading the statutes, regulations, and case law that apply to your case. You should also be aware of anyrelevant legal principles. Once you have a solidunderstanding of the law, you can begin to develop your arguments.Step 2: Develop Your Arguments。

Once you understand the law, you can begin to develop your arguments. Your arguments should be based on the facts of your case and the law that applies to your case. You should also consider the arguments that the other side is likely to make. When developing your arguments, it is important to be persuasive. This means using strong evidence to support your claims and avoiding logical fallacies.Step 3: Write Your Essay。

法律英语经典作文模板

法律英语经典作文模板

法律英语经典作文模板英文回答:Introduction。

The law is a complex and multifaceted field that has been the subject of study and debate for centuries. As a result, there is a vast body of legal literature that can be used to support and inform legal arguments. However, legal writing can be challenging, especially for those who are not familiar with the conventions of the field. This essay will provide a template for writing legal essays that can be used by students, lawyers, and other professionals.Body。

The first step in writing a legal essay is to choose a topic. The topic should be narrow enough to be manageable, but broad enough to allow for a thorough analysis. Once you have chosen a topic, you need to conduct research to gatherinformation and support for your argument. This research can be done using a variety of sources, including legal databases, law books, and journal articles.Once you have gathered your research, you need to organize it into an outline. The outline will help you to structure your essay and ensure that it flows logically. The outline should include an introduction, a body, and a conclusion.The introduction should provide a brief overview of your topic and your argument. The body should be divided into paragraphs that each discuss a different aspect of your argument. The paragraphs should be well-organized and should use evidence from your research to support your claims.The conclusion should summarize your argument and restate your thesis statement. The conclusion should also provide a brief 展望 for future research or discussion.Conclusion。

如何学好法律英语(一)(共5篇)

如何学好法律英语(一)(共5篇)

如何学好法律英语(一)(共5篇)第一篇:如何学好法律英语(一)免费?宅在家学英语?怎么报名?最牛英语口语培训模式:躺在家里练口语,全程外教一对一,三个月畅谈无阻!如何学好法律英语(一)今天我们洛基新开通了一个《法律英语》的专栏,旨在向大家介绍一些基础的法律英语知识,包括如何学好、常用词汇、经典对话、法律文本等等,希望大家喜欢。

第一篇就向大家介绍如何学好法律英语这个大问题,这只是一个网友的意见,大家可以酌情看之,量身定制自己的法律英语学习计划。

1、关于法律文件的翻译:学习法律英语,碰到最多的就是翻译法律文件了,这里的文件一般包括法律、规章、条例、条约、协定、合同、章程、保证书、判决书等等。

在联合国范围内则有国际法院的判决和咨询意见,大会和安全理事会的决议,联合国国际法委员会草拟的条款草案和其他文件等。

法律英语翻译自然不同于一般的中英互译。

从专业方面说,翻译法律文件要有法律专业的知识,否则难以正确理解原文,也不会正确地表达出来。

翻译英文法律文件困难更多。

因为世界上有两个主要的法律体系,一个是英美法系或普通法法系,另一个是大陆法系或民法法系。

我国在旧中国时代属于大陆法系,在新中国时代则不属其中任何一个法系,自成一个独立的法系,但比较接近于大陆法系。

英文法律文件大多属于英美法系,其中的用语、概念与我国的用语、概念差异甚多,甚至是较大的差异,有的概念、制度在中国并不存在,所以要译成中文就碰到难题,没有适当的译法。

洛基英语是中国英语培训市场上的一朵奇葩,是全球已被验证的东方人英语学习的最佳模式。

洛基英语是中国专业在线英语培训机构,通过电话英语、视频英语与外教一对一的模式提高学员英语口语水平,提供英语口语培训,成人英语培训,商务英语培训,企业英语培训等课程。

免费?宅在家学英语?怎么报名?例如英国律师有两类:barristert和solicitor,而中国只有一类,如何译?香港将barrister译为“大律师”,而将solicitor译为“律师”,这样译明显地将二者定出高低等级,是不可取的。

如何学好法律技巧英语作文

如何学好法律技巧英语作文

如何学好法律技巧英语作文英文:To learn good legal English writing skills, I believeit's important to first have a strong foundation in both English and legal knowledge. This means having a good grasp of grammar, vocabulary, and sentence structure in English, as well as understanding the key legal concepts and terminology. 。

One way to improve legal English writing skills is to read a lot of legal texts in English, such as court judgments, legal articles, and case studies. This will help you become familiar with the language used in the legal field and how legal arguments are structured and presented. 。

Another important aspect is to practice writing legal documents and essays in English. This could involve writing case briefs, legal memos, or even legal opinion letters. Bydoing so, you can learn how to effectively convey legal arguments and analysis in English, and also improve your ability to use legal terminology accurately.Furthermore, seeking feedback from legal English teachers or professionals can be very helpful. They can provide valuable insights and guidance on how to improve your legal English writing skills, and point out any errors or areas for improvement.In addition, it's important to be aware of the differences between legal English and general English.Legal English often involves the use of formal language, complex sentence structures, and specific legal terminology. Therefore, it's important to pay attention to these differences and practice using them in your writing.Finally, I believe that immersing oneself in the legal English environment can also be beneficial. This could involve participating in legal English workshops, attending legal English courses, or even engaging in legaldiscussions with peers in English.中文:要学好法律技巧英语作文,我认为首先要有扎实的英语和法律知识基础。

介绍法律英文作文

介绍法律英文作文

介绍法律英文作文英文:As a legal professional, I have come to understand the importance of effective communication in the field of law. Legal writing and speaking require a specific set of skills and knowledge that are unique to this profession. In this essay, I will discuss the importance of legal English and how it differs from everyday English.Firstly, legal English is a specialized language that is used in the legal profession. It is a language that is used to communicate complex legal concepts and ideas. Legal English is not just about using legal terms and jargon, but it also involves using precise and concise language that is easily understood by the intended audience. For example, in a legal contract, the language used must be clear and unambiguous to avoid any misunderstandings or disputes.Secondly, legal English has its own grammar, syntax,and vocabulary. Legal writing often involves the use of passive voice, which is not commonly used in everyday English. In addition, legal English has a unique vocabulary that includes legal terms, Latin phrases, and technical jargon. For instance, terms like "tort," "breach of contract," and "negligence" are commonly used in legal English but may not be familiar to the average person.Lastly, legal English requires a certain level of formality and precision. In legal writing, it is important to use formal language and avoid colloquialisms or slang. This is because legal documents are often used in court and need to be taken seriously. For example, in a legal brief, it is important to use precise language and avoid exaggeration or emotional language.中文:作为一名法律专业人士,我深刻理解在法律领域中有效沟通的重要性。

如何学好法律英语

如何学好法律英语

如何学好法律英语Legal English is a specialized area of English that is used in the legal profession, particularly in legal documents, courtrooms, and law firms. It is important to have a good understanding of legal English if you are a law student, legal professional, or anyone who deals with legal matters.Learning legal English can be challenging, but with the right approach and dedication, you can improve your language skills in this area. Here are some tips on how to learn legal English effectively:1. Understand the BasicsBefore diving into the complexities of legal English, it is important to have a good grasp of the basics. This includes understanding the structure of legal documents, the vocabulary commonly used in legal texts, and the different types of legal terminology. Take the time to familiarize yourself with the basic concepts of legal English so that you can build a solid foundation for your learning.2. Study Legal TerminologyLegal English is filled with specialized terminology that is unique to the legal profession. To improve your understanding of legal English, it is essential to study and memorize the key legal terms and phrases that are commonly used in legal documents and courtrooms. You can use online resources, legal dictionaries, and textbooks to help you learn and remember the legal terminology.3. Read Legal DocumentsOne of the best ways to improve your legal English skills is to read legal documents regularly. This can include court cases, legal briefs, contracts, and other legal texts. Reading legal documents will help you become familiar with the language, structure, and style of legal writing. Pay attention to how legal arguments are presented, the use of legal terminology, and the overall structure of the document.4. Take Legal English CoursesIf you are serious about learning legal English, consider enrolling in a legal English course. There are many online courses and programs available that are specifically designed to help students improve their legal English skills. These courses typically cover topics such as legal vocabulary, legal writing, and communication skills in a legal context. Taking a legal English course can provide you with valuable guidance and feedback from experienced instructors.5. Practice Speaking and WritingTo become proficient in legal English, it is important to practice speaking and writing in a legal context. Try having conversations about legal topics with classmates, colleagues, orfriends who are also interested in the law. Additionally, practice writing legal documents, such as legal letters, legal memos, and briefs. This will help you become more comfortable with using legal English in a practical setting.6. Watch Legal TV Shows and MoviesWatching legal TV shows and movies can be a fun and effective way to improve your legal English skills. Pay attention to how legal professionals communicate, argue, and present their cases in court. This can help you learn more about the language and style of legal English in a real-world context. Some popular legal TV shows and movies to consider watching include "The Good Wife," "Law & Order," and "A Few Good Men."7. Join Legal English Study GroupsConsider joining a legal English study group or discussion forum where you can connect with other students and legal professionals who are also interested in improving their legal English skills. Study groups can provide you with a supportive environment to practice speaking, ask questions, and share resources. Additionally, discussing legal topics with others can help you gain different perspectives and insights on legal issues.8. Use Legal English ResourcesThere are many resources available to help you learn legal English, such as legal dictionaries, online glossaries, and legal writing guides. Take advantage of these resources to expand your knowledge of legal terminology and improve your legal writing skills. Additionally, consider using legal English textbooks and reference materials to deepen your understanding of legal concepts and principles.9. Stay Updated on Legal NewsTo stay current with legal trends and developments, make an effort to follow legal news and updates. This can include reading legal blogs, subscribing to legal newsletters, and following legal organizations on social media. By staying informed on legal news, you can expand your knowledge of legal issues and enhance your understanding of legal English in a real-world context.10. Practice RegularlyLearning legal English is a continuous process that requires regular practice and dedication. Make an effort to practice your language skills every day by reading legal texts, writing legal documents, and engaging in legal discussions. The more you practice, the more confident and proficient you will become in using legal English.In conclusion, learning legal English can be a challenging but rewarding journey. By following these tips and strategies, you can improve your legal English skills and enhance your understanding of legal terminology, writing, and communication. Remember to staypatient and persistent in your learning efforts, and you will soon become proficient in legal English.。

英文法律文书简明教程(精选3篇)

英文法律文书简明教程(精选3篇)

英文法律文书简明教程(精选3篇)英文法律文书简明教程篇1一、缩写 Abbreviations规则1、在正式写作中,应当避免使用缩写,除非有下述规则2、规则3和规则4的情形。

In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.例如:Incorrect: The U.S. Supreme Court held that the defendant\\’s rights had been violated.Correct: The United States Supreme Court held that the def endant\\’s rights had been violated.Incorrect: Professor Jonas mentioned several cities that hav e domestic-partnership ordinances, e.g., New York and San Francisco.Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.Incorrect: The Court announced its decision in the case on Oct. 12, 1994.Correct: The Court announced its decision in the case on Oc tober 12, 1994.规则2、如果一个缩写的应用已经非常普遍,在一般用法中已经取代了全称,则可以使用缩写;但使用此缩写时不应该使用表示缩写的英文句号(.)。

不同层次的法律英语作文

不同层次的法律英语作文

不同层次的法律英语作文Sure, I can help you with that! Here's an essay on different levels of legal English:Title: Understanding Legal English at Different Levels。

Legal English serves as a vital tool for communication within the legal profession, ranging from everyday interactions to complex legal documents and arguments presented in court. This essay explores the various levelsof legal English proficiency and their significance in the legal landscape.At the foundational level, legal English encompasses basic terminology and language structures essential for understanding legal concepts and procedures. Beginners in legal English familiarize themselves with terms such as "plaintiff," "defendant," "court," "evidence," and "judgment." Mastery of foundational legal English enables individuals to navigate introductory legal texts and engagein basic legal conversations.Moving beyond the foundational level, intermediate proficiency in legal English involves a deeper understanding of legal principles and more specialized vocabulary. Intermediate learners delve into areas such as contract law, tort law, criminal law, and constitutional law. They become adept at analyzing legal documents such as contracts, statutes, and case briefs. Intermediate proficiency empowers individuals to participate in discussions on legal issues with greater depth and clarity.At the advanced level, legal English proficiency reaches a level of sophistication necessary for professional practice and advanced academic study. Advanced learners possess an extensive legal vocabulary and are capable of comprehending complex legal texts, including court opinions and scholarly articles. They can construct persuasive legal arguments, draft legal documents, and deliver oral arguments in court with precision and fluency. Advanced proficiency in legal English is essential for success in legal careers such as litigation, corporate law,and academia.Beyond the advanced level, mastery of legal English involves nuanced understanding and effective communication in specialized legal fields. Professionals in areas such as intellectual property law, international law, and human rights law require specialized vocabulary and in-depth knowledge of legal principles specific to their field. Mastery of legal English at this level enablespractitioners to navigate intricate legal frameworks, negotiate complex agreements, and advocate for clients with expertise and authority.In conclusion, proficiency in legal English encompasses a spectrum of levels, each with its own significance and implications in the legal profession. From foundational knowledge to mastery in specialized fields, the ability to communicate effectively in legal English is essential for success in legal practice, academic study, and professional advancement. Continuous learning and development in legal English ensure that legal professionals remain competent and capable in an ever-evolving legal landscape.。

英文法律文书简明教程

英文法律文书简明教程

英文法律文书简明教程作为英文法律文书的初学者,可能会发现一些法律文书看起来很复杂,难以理解。

但是,了解一些基本的法律术语和格式,就可以让你更容易地理解和写作法律文书。

基本术语在英文法律文书中,有一些基本的术语需要了解。

原告和被告在法律文书中,原告是指提起诉讼的一方,而被告则是被诉讼的一方。

申请人和受申请人在一些特定的法律程序中,如上诉和求证程序中,会用到申请人和受申请人。

申请人是提出请求的一方,而受申请人则是被请求的一方。

赔偿金和惩罚性赔偿金赔偿金是指赔偿因某些原因而遭受的损失的金额。

而惩罚性赔偿金则是赔偿某些违法行为的额外罚款。

诉讼费和律师费诉讼费是指在法律程序中产生的费用,律师费则是聘请律师时需要支付的费用。

申请书和答辩书申请书是提起诉讼或请求某种法律程序的文件。

与之对立的是答辩书,它是被诉讼方或被请求方为了回应申请书而提交的文件。

常见的法律文书委托书委托书是一封文件,用于授权一个人代表另一个人或组织进行一项行为。

它通常包含以下几个部分:•标题•第一部分:约定代理人–例如:“我,XXX公司,授权YYY公司为我们代理……”•第二部分:约定代理事项–例如:“代理处理与ZZZ公司的合作……”•第三部分:代理时间–例如:“本委托书从(日期)开始生效,到(日期)截至。

”–包含委托方的地址和签名合同合同是一份双方约定的文件,规定双方之间的权利和义务。

它通常包含以下几个部分:•标题•第一部分:合同申明–例如:“本合同由(双方名称)签订,具有合法效力。

”•第二部分:定义–例如:“在本合同中,我们称签署本合同的各方为”合同方“。

”•第三部分:合同详细条款–例如:“本合同下的服务包括XXX、YYY、ZZZ等……”•第四部分:执行条款–例如:“如本合同任何一方违反合同,违约方须負担全部违约责任……”•第五部分:争议解决–例如:“各方同意将一切本合同所发生的争议提交本地法院或仲裁机构解决。

”–包含合同方的地址和签名。

法律英语翻译技巧

法律英语翻译技巧

1.引言法律是体现统治阶级意志、由国家制定或认可并由国家强制力保证实施的行为规范。

英国哲学家大卫·修谟曾经说过:“法与法律制度是一种纯粹的语言形式,法的世界肇始于语言,法律是通过语词订立和公布的。

”因此,法律英语同其它的社会方言一样,是人们根据社会文化环境和交际目的、交际对象等语用因素在长期使用中形成的一种语言功能变体,具有其自身的特殊用途和规律。

法律行业的特殊性决定了法律英语有复杂的术语和句法结构。

一直以来,语言学家和法律界专家对法律术语,法律英语的用词特点和修辞特点、法律英语的简化问题等方面进行了许多卓有成效的研究,并被运用于法律英语教学,法律文献翻译,法庭口译,法庭辩论技巧,声音识别,笔迹识别等众多实践领域中。

随着我国对外文化交流的增多,大量的法律文献被译为外文,同时也有大量的法律文献被译成中文。

越来越多的研究者发现这类翻译中存在许多问题。

本文试图运用语用原则分析法律英语的特点和法律文献翻译中存在的一些问题,以期对推动法律翻译的发展有所贡献。

2.法律英语的特点2.1 法律英语的语用原则法律法规的主要作用之一是规范法律主体的行为,调节法律主体之间人际关系。

这种规范调节作用主要是通过具有法律效果的言语行为(即法律言语行为)来实现的。

因此,作为言语行为实施者的立法者和司法者的法律能力和语言能力主要特点之一就是准确、得体地使用法律言语行为,以便能够传达其所意图的法律效果。

这里的得体就是准确使用法律言语行为而言的,不是Brown & Levinson (1987)等人所谓的礼貌得体这一日常交际原则。

法律也是人与人较量的工具,较量双方都使用法律作为武器为自己服务。

其中一方必然会想方设法钻法律的漏洞以维护自己的非正当权益。

为了不给这种人钻空子,立法者所使用的表述法律内涵的法律英语必须准确严谨。

法律英语表述的准确性对司法者的断案、判决而言至关重要。

2.2法律英语的语用特点法律英语同科技语言一样,并不具有特殊的语言材料或独立的语法体系,而是民族共同语在法律语境中的一个具有某种特殊用途的语言变体或语域。

legal writing法律文书写作

legal writing法律文书写作

how to write a legal office memoThe legal office memorandum is the most common way attorneys convey information to one an Typically, junior attorneys write memos for more senior attorneys to memorialize and summariz and client information. In most law schools, writing a legal office memorandum is one of the firs students learn in their legal writing course.The Purpose of a Legal Office MemorandumMost memoranda serve one of two functions: analyzing a client‘s specific legal pr oblem or answ questions that the client‘s particular situation poses. Before writing, a lawyer will research the a mandatory (binding) case law and the persuasive (nonbinding) case law to determine the legal lan lawyer will also review any applicable statutory provisions or regulatory issuances from administraAfter finishing the research process, the lawyer will then interpret the client‘s situation in light o applicable law. An office memorandum sums up the lawye r‘s analysis and supplies the facts the l upon in reaching the conclusion. The main point of the memorandum should be to advise whether lawfully engage in conduct or predict how a decision maker will rule on a legal problem.The intended audience for the memo should not have to read the cases, statutes, or regulations discusses to understand the legal landscape. Rather, the point of the memo is to summarize the p in a digestible, short format that encapsulates the situation succinctly for the reader. After a bri the office memorandum, an attorney who was formerly unfamiliar with the case law should be a well-founded advice to a client. Ensuring the memo follows a prescribed format keeps it easy fo to find the information he or she needs.The Format of a Legal Office MemorandumMost memoranda share a common format: a heading, an issue, a short answer, a statement of discussion, and a conclusion.Read more: /article. ... asics#ixzz0Vgzkq8WYThe Heading consists of four lines: to, from, date, and subject (re. You should include your c as well as a descriptive subject in the re: line, as each client file typically will require multiple m The Issue section usually contains a statement of the issue the memo addresses. Sometimes thcalled the ―question presented.‖The Short Answer answers the question presented succinctly and should supply a summary of the supporting the answer.The Statement of Facts section, often shortened to "Facts," includes an objective statement of t facts that are pertinent to the issue described in the memo.The Discussion section collects and describes the law, both favorable and unfavorable, applicab client‘s situ ation.The Conclusion is a short section summarizing the contents of the entire memo. It pulls togethe critical facts and legal analysis into a few sentences. In shorter memoranda, lawyers commonly conclusion.If you follow this format, you will be well on your way to writing a well-organized legal office me The article was first published in /forumdisplay.php?fid=10 [转]公司章程样本Articles of Associations for ______ Company(Modified Version)Chapter 1 General ProvisionsArticle 1 This Articles of Association is hereby formulated and executed by and between__ (here referred to as ―Party A‖), _ (hereinafter referred to as ―Party B‖), as well as __(hereinafter refe ―Party C‖, and Party A,Party B and Party C are sometimes referred to hereinafter collectively as t and each individually as a ―Party‖), in accordance with the Company Law of the People‘s Repub Law of the People‘s Republic of China on Enterprise with Foreign Investment , and other related laws and regulations, with a view to establishing and maintaining the statutory status and quali ___(hereinafter referred to as ―Company‖), standardizing the organization and activities thereo safeguarding the legitimate and due interests and rights of the Company, investors and creditors well as enabling and ensuring a sound operating mechanism for self-development and self-disci created and adopted in the Company (hereinafter referred to as ―Articles‖).Article 2 The Company is a foreign-invested enterprise established upon required and necessarythe related examination and approval authorities of competent jurisdiction. The Company was reg Beijing Bureau for Industry and Commerce with its establishment date on 18th April 2003.Article 3 The full name of the Company is __, with its legal domicile at ___.Article 4 The Company is governed and protected by relevant laws of the People‘s Republic of Ch and all activities thereof shall be subject to appropriate applicable laws, regulations and provision in other rules and regulations.Article 5 The Company is incorporated in the form of a limited liability Company, being entitled independent legal person status, and enjoying dulyrelated rights to engage in civil affairs as allow to assume any and all required civil liabilities resulted from its activities. Each party thereto is li Company in proportion to of their contribution to the registered capital thereof. The Company s liable to the extent of its total asset available at then currently appropriate time, following the p voluntary contribution, equity equality, returns sharing and risk co-assumption.Article 6 Upon an unanimous agreement of the Board of Directors of the Company and approva governmental authorities, the Company may, subject to the applicable laws and regulations, ma investment in or payment of membership dues to, any other companies or enterprises or privat non-enterprise entities (limited only to the those in medical sector or industry) or corporate bod only to the those in medical apparatus sector or industry), based at home or abroad, for being ad shareholder, beneficiary owner, organizer or member of the same, however, provided that the Co not seek or apply to be shareholder, partner or member of any profit-seeking organization or no organization, whether a legal person, with unlimited liabilities.Article 7 Upon an unanimous agreement of the Board of Directors of the Company and approva governmental authorities, the Company may, set up branch (es) at home or abroad, as the case mChapter 2 Investing PartiesArticle 8 The Company is jointly funded and established by:i)CHENGXUAN INTERNATIONAL LTD, a limited liability corporation incorporated and existinglaws of British Virgin Islands, with its legal address at Mill Mall, P.O. Box 92, Road Town, Tortola, B Islands. The name, position and nationality of its Legal representative are each respectively ind follows: Wu Xiaodong, Chairperson of the Board of Directors and Chinese.ii)GOLDEN MEDITECH (BVI) COMPANY LIMITED, a limited liability corporation registered in B Islands, with its legal address at P.O. Box 957, Offshore Incorporations Center, Road Town, Brit Islands. The name, position and nationality of its Legal representative are each respectively ind follows: Gan Yuan, Director and Chinese; and ..........Brief写作技巧(转)How to Brief a CaseConfusion often arises over the term "legal brief." There are at least two different senses in wh is used.Appellate briefAn appellate brief is a written legal argument presented to an appellate court. Its purpose is the higher court to uphold or reverse the trial court‘s decision. Briefs of this kind are therefore g presenting the issues involved in the case from the perspective of one side only.Appellate briefs from both sides can be very valuable to anyone assessing the legal issues rais Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which br regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8)incl texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Suprem Reports. Lawyer‘s Ed., 2nd. series (REF. LAW KF 101 .A42).Student briefA student brief is a short summary and analysis of the case prepared for use in classroom d is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issue what was decided, and analyze the reasoning behind decisions made by the courts.Although student briefs always include the same items of information, the form in which the set out can vary. Before committing yourself to a particular form for briefing cases, check with yo to ensure that the form you have chosen is acceptable.THE PARTIES AND HOW TO KEEP TRACK OF THEMBeginning students often have difficulty identifying relationships between the parties involve cases. The following definitions may help:Plaintiffs sue defendants in civil suits in trial courts.The government (state or federal)prosecutes defendants in criminal cases in trial courtsThe losing party in a criminal prosecution or a civil action may ask a higher (appellate)cou the case on the ground that the trial court judge made a mistake. If the law gives the loser the righ court review, his or her lawyers will appeal. If the loser does not have this right, his or her lawy the court for a writ of certiorari. Under this procedure, the appellate court is being asked to exerc discretion in granting the cases a hearing for review.For example, a defendant convicted in a federal district court has the right to appeal this de Court of Appeals of the circuit and this court cannot refuse to hear it. The party losing in this app can request that the case be reviewed by the Supreme Court, but, unless certain special circumst has no right to a hearing.These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped t "appeals." However, there is, as shown, a difference between them, and you should know it.A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the cas as a petitioner. The person, who must respond to the petition, that is, the winner in the lower co the respondent.A person who files a formal appeal demanding appellate review as a matter of right is know appellant. His or her opponent is the appellee.The name of the party initiating the action in court, at any level on the judicial ladder, always in the legal papers. For example, Arlo Tatum and others sued in Federal District Court for an injunc Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Tatum and became plaintiffs and the case was then known as Tatum v. Laird. The Tatum group lost in the D and appealed to the Court of Appeals, where they were referred to as the appellants and the debecame the appellees. Thus the case was still known at Tatum v. Laird.When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appel to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from t Court directing the Court of Appeals to send up the record of the case (trial court transcript, mo and assorted legal documents)to the Supreme Court.At this point the name of the case changed to Laird v. Tatum:Laird and associates were n petitioners, and Tatum and his fellows were the respondents. Several church groups and a grou intelligence agents obtained permission to file briefs (written arguments)on behalf of the res help persuade the Court to arrive at a decision favorable to them. Each of these groups was terme curiae, or "friend of the court."In criminal cases, switches in the titles of cases are common, because most reach the appella a result of an appeal by a convicted defendant. Thus, the case of Arizona v. Miranda later becam Arizona.STUDENT BRIEFSThese can be extensive or short, depending on the depth of analysis required and the dema instructor. A comprehensive brief includes the following elements:1. Title and CitationThe title of the case shows who is opposing whom. The name of the person who initiated leg that particular court will always appear first. Since the losers often appeal to a higher court, thi confusing. The first section of this guide shows you how to identify the players without a scorecThe citation tells how to locate the reporter of the case in the appropriate case reporter. If yo the title of the case, the citation to it can be found using the case digest covering that court, or computer-assisted legal research tools (Westlaw or LEXIS-NEXIS).2. Facts of the CaseA good student brief will include a summary of the pertinent facts and legal points raised in the show the nature of the litigation, who sued whom, based on what occurrences, and what happelower court/s.The facts are often conveniently summarized at the beginning of the court‘s published opini Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. Judges are not above being selective about the facts they emphasize. This can become of crucia when you try to reconcile apparently inconsistent cases, because the way a judge chooses to char "edit" the facts often determines which way he or she will vote and, as a result, which rule of la applied.The fact section of a good student brief will include the following elements:An one-sentence description of the nature of the case, to serve as an introduction.A statement of the relevant law, with quotation marks or underlining to draw attention to th or phrases that are in dispute.A summary of the complaint (in a civil case)or the indictment (in a criminal case)plus evidence and arguments presented in court to explain who did what to whom and why the case to involve illegal conduct.A summary of actions taken by the lower courts, for example: defendant convicted; convictio appellate court; Supreme Court granted certiorari.3. IssuesThe issues or questions of law raised by the facts peculiar to the case are often stated expli court. Again, watch out for the occasional judge who misstates t he questions raised by the lowe opinion, by the parties on appeal, or by the nature of the case.Constitutional cases frequently involve multiple issues, some of interest only to litigants and others of broader and enduring significant to citizens and officials alike. Be sure you have includWith rare exceptions, the outcome of an appellate case will turn on the meaning of a provis Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restate issue. Set it off with quotation marks or underline it. This will help you later when you try to rec conflicting cases.When noting issues, it may help to phrase them in terms of questions that can be answered w "yes" or "no."For example, the famous case of Brown v. Board of Education involved the applicability of a the 14th Amendment to the U.S. Constitution to a school board‘s practice of excluding black pu certain public schools s olely due to their race. The precise wording of the Amendment is "no sta deny to any person within its jurisdiction the equal protection of the laws." The careful student wo identifying the key phrases from this amendment and deciding which of them were really at issue Assuming that there was no doubt that the school board was acting as the State, and that Miss B "person within its jurisdiction," then the key issue would be "Does the exclusion of students from school solely on the basis of race amount to a denial of ‗equal protection of the laws‘"Of course the implications of this case went far beyond the situation of Miss Brown, the Top Board, or even public education. They cast doubt on the continuing validity of prior decisions in Supreme Court had held that restriction of Black Americans to "separate but equal" facilities did them "equal protection of the laws." Make note of any such implications in your statement of issue of the brief, in which you set out your observations and comments.NOTE:More students misread cases because they fail to see the issues in terms of the appl judicial doctrine than for any other reason. There is no substitute for taking the time to frame c questions, so that they actually incorporate the key provisions of the law in terms capable of be precise answers. It may also help to label the issues, for example, "procedural issues," "substan "legal issue," and so on. Remember too, that the same case may be used by instructors for differe so part of the challenge of briefing is to identify those issues in the case which are of central impor topic under discussion in class.4. DecisionsThe decision, or holding, is the court‘s answer to a question presented to it for answer by th involved or raised by the court itself in its own reading of the case. There are narrow procedural h example, "case reversed and remanded," broader substantive holdings which deal with the inter the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the hold stated in simple "yes" or "no" answers or in short statements taken from the language used by5. ReasoningThe reasoning, or rationale, is the chain of argument which led the judges in either a major dissenting opinion to rule as they did. This should be outlined point by point in numbered sente paragraphs.6. SeparateOpinions Both concurring and dissenting opinions should be subjected to the same depth of bring out the major points of agreement or disagreement with the majority opinion. Make a note justice voted and how they lined up. Knowledge of how judges of a particular court normally lin particular issues is essential to anticipating how they will vote in future cases involving similar i7. AnalysisHere the student should evaluate the significance of the case, its relationship to other cases history, and what is shows about the Court, its members, its decision-making processes, or the i on litigants, government, or society. It is here that the implicit assumptions and values of the Jus be probed, the "rightness" of the decision debated, and the logic of the reasoning considered.Created by Christopher Pyle, 1982 Revised by Prof. Katherine Killoran, Feb. 1999Excerpted from Lloyd Sealy Library, John Jay College of Criminal Justice(转)法律英语中标点符号的使用冒号(Colons)冒号通常用来指出跟在其后面的信息。

如何学好法律 英语作文

如何学好法律 英语作文

如何学好法律英语作文There are several steps that can be taken to improve one's legal English proficiency and ultimately, excel in the field of law. In this article, we will explore some strategies for learning legal English effectively.1. Building a strong foundation in general EnglishBefore delving into legal English, it is important to have a solid foundation in general English. This includes knowledge of grammar, vocabulary, and syntax. Reading books, newspapers, and academic articles in English can help improve your language skills. Additionally, practicing speaking and listening to English can also enhance your fluency and comprehension.2. Familiarizing yourself with legal terminologyLegal terminology is a key aspect of mastering legal English. Legal texts are often filled with complex and technical language that is specific to the field of law. It is essential to familiarize yourself with common legal terms and phrases in order to understand legal documents and communicate effectively with legal professionals.One way to become more familiar with legal terminology is to take a course in legal English vocabulary. Many language-learning programs offer specialized courses in legal English that focus on teaching legal terms and phrases. Additionally, there are numerous legal dictionaries and glossaries available online that can help you build your legal vocabulary.3. Reading legal textsReading legal texts is an excellent way to improve your understanding of legal English. Legal texts include court opinions, statutes, regulations, and legal articles. By reading these texts, you can familiarize yourself with the language and style of legal writing, as well as gain insight into key legal concepts and principles.When reading legal texts, it is important to pay attention to the structure and organization of the text, as well as the use of legal terminology. Take notes on new vocabulary and phrases, and try to identify the main arguments and points made in the text. Reading legal texts regularly will help you become more comfortable with legal language and improve your comprehension skills.4. Writing legal documentsWriting legal documents is an essential skill for any legal professional. Legal writing requires clarity, precision, and attention to detail. To improve your legal writing skills, practice drafting legal documents such as briefs, memoranda, and contracts. You can also take courses in legal writing to learn the conventions and style of legal writing.When writing legal documents, be sure to use clear and concise language, avoid jargon and legalese, and follow the conventions of legal writing. Pay attention to grammar, punctuation, and spelling, and proofread your documents carefully before submitting them. By practicing legal writing regularly, you can improve your writing skills and become a more effective communicator in the field of law.5. Participating in legal discussionsParticipating in legal discussions is a great way to improve your speaking and listening skills in legal English. Engaging in debates, moot court competitions, and legal seminars can help you practice articulating your arguments and responding to others' points of view. Additionally, participating in legal discussions allows you to learn from experienced legal professionals and gain valuable insights into legal practice.When participating in legal discussions, be prepared to explain and defend your opinions, listen actively to others' perspectives, and ask clarifying questions. Practice using legal terminology and language in your discussions, and be open to feedback and constructive criticism. By engaging in legal discussions regularly, you can improve your communication skills and become a more confident and persuasive speaker in the field of law.6. Seeking feedback and guidanceSeeking feedback and guidance from experienced legal professionals can help you improve your legal English skills and gain valuable insights into the field of law. Ask for feedback on your writing, speaking, and comprehension skills, and be open to suggestions for improvement. Additionally, seek guidance from mentors, professors, or colleagues who can provide advice and support as you navigate your legal English proficiency.Participating in legal writing workshops, language exchanges, and tutoring sessions can also help you receive feedback and guidance on your legal English skills. By actively seeking feedback and guidance, you can identify areas for improvement and work towards mastering legal English.In conclusion, mastering legal English is essential for success in the field of law. By building a strong foundation in general English, familiarizing yourself with legal terminology, reading legal texts, writing legal documents, participating in legal discussions, and seeking feedback and guidance, you can improve your legal English skills and excel as a legal professional. With dedication, practice, and perseverance, you can become proficient in legal English and achieve your goals in the field of law.。

写作英文法律文书的建议

写作英文法律文书的建议

6 Tips (Actually More) on Drafting Moot Memorials and Moot Court StrategiesOne of the few non legal things that take me out of Court and chambers is judging Moots. Though it was in our 5 year LLB syllabus, we never got to moot in the University College of Law (as it used to be called). We never developed the skills. Apart from debates, which are not the same, appearance in Court was literally our first exposure to arguing as lawyers. Perhaps I should belabour this point.Debates vs. MootsIn a competitive debate, all that you are interested in is to win the best team and the best speaker awards, and to impress people with the way you speak. If the side you are speaking for wins, well and good.You are marked on your speaking style, poise and presentation, the content, and how well you have rebutted the adversary’s contentions.No one is interested to see your written notes, assuming you prepared them in the first place.Officially, you are not even supposed to acknowledge the judges only the Chairman, the Members of the House and your Opposition.Preparing for the real life cut of CourtA moot is, however, a wholly different thing.This is usually a very rewarding though faux battleground that prepares you for the real life cut and thrust of Court.The skills you use are the same that you need in Court: marshalling of facts (from the Moot Problem), identifying the law and the legal principles involved, research into the authorities, drafting pleadings and formulating the points of law and precisely setting out the arguments and most importantly, answering the googlies that the judges throw at you.How are the best of the memorials writtenI have found that the best written Memorials are also the most organized and they are precise and use simple English.They usually annex the Moot Problem but then restate the facts from the point of view of the Side for whom the Memorial is being presented.A good index is essential and a pagination that is running• (that is, which numbers pages serially and consecutively adopting the same style, without needlessly using three or four different systems such as 1 and 2 and again (i) and (ii) which can be very confusing for the poor Judge).After the facts have been properly presented the Memorial sets out the principles of law involved which include the questions to be decided and the preliminary points/jurisdictional issues.Then come the arguments which contain references, usually in the form of the name of the case in the body and the citation as a footnote, and the statutes, statutory rules, orders and notifications, which would be relied upon.Tackling ObjectionsWhere particular objections are certain to come, they are also set out as points of law that are to be addressed and either negated or distinguished in the facts of the case, with judgments being cited in the same manner.Then the prayers are set out.I understand that in some foreign moots there is a requirement to bind the memorials in leather though in India spiral binding and good quality paper for the contents and laminated durable covers are preferred.Since you are marked on the memorials do not make the mistake of submitting shoddy work.Do your research wellAgain, while we sometimes put a justifiably high value on the oral submissions, please remember that without research most submissions of counsel would be hot air.Do your research well, using legal software that is pervasive and a good search engine.Download entire judgments and notifications or statutes that you want to use, ascertaining that they have not been overruled and that they are still good law or that they have not been amended or repealed, in case of the laws and notifications.Have one copy for every judgeHave at least five to six copies of each such document that you wish to rely upon and which is not annexed to your memorial.A compilation of cases and documents such as Judgments and notifications, statutes and rules that you will rely upon is very helpful.You should know how many judges are going to judge each stage, and have at least one copy for each judge and one copy to give to the other side, apart from the one that you will be using yourself.Finish on timeThese will make the Judges job easier, save the time that is usually wasted when only one copy has to serve all the judges, you and also the opposing side.Remember, most Moots have time stipulations and the Judges penalize you where time is wasted and you overshoot the time for reasons other than answering the questions of the Judges.Editor’s Note: Here are a few summarized tips for moot court competitions:e precise and simple English in your moot memorials.2.Present facts from the point of the view of the side which is presenting the memorial.3.Have a good index and pagination. Using 1, 2,3 and i, ii, iii etc. can be confusing for thejudges.4.Tackle objections which might come from the other side. Negate or distinguish the caseswhich might be used by the other party.e spiral binding and good quality paper. Presentation matters.6.Have multiple copies of every document you want to use. Have one copy for every judgeand save time!。

法律英语:Brief 写作

法律英语:Brief 写作

法律英语:Brief 写作How to Brief a CaseConfusion often arises over the term "legal brief." There are at least two different senses in which the term is used.Appellate briefAn appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme C ourt Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).Student briefA student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.THE PARTIES AND HOW TO KEEP TRACK OF THEMBeginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help:Plaintiffs sue defendants in civil suits in trial courts.The government (state or federal) prosecutes defendants in criminal cases in trial courts.The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review.For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to a hearing. These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped together as "appeals." However, there is, as shown, a difference between them, and you should know it.A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the case, is known as a petitioner. The person, who must respond to the petition, that is, the winner in the lower court, is called the respondent.A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant. His or her opponent is the appellee. The name of the party initiating the action in court, at any level onthe judicial ladder, always appears first in the legal papers. For example, Arlo Tatum and others sued in Federal District Court for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Tatum and his friends became plaintiffs and the case was then known as Tatum v. Laird. The Tatum group lost in the District Court and appealed to the Court of Appeals, where they were referred to as the appellants and the defendants became the appellees. Thus the case was still known at Tatum v. Laird.When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appellees decided to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from the Supreme Court directing the Court of Appeals to send up the record of the case (trial court transcript, motion papers, and assorted legal documents) to the Supreme Court.At this point the name of the case changed to Laird v. Tatum: Laird and associates were now the petitioners, and Tatum and his fellows were the respondents. Several church groups and a group of former intelligence agents obtained permission to file briefs (written arguments) on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them. Each of these groups was termed an amicus curiae, or "friend of the court."In criminal cases, switches in the titles of cases are common, because most reach the appellate courts as a result of an appeal by a convicted defendant. Thus, the case of Arizona v. Miranda later became Miranda v. Arizona.STUDENT BRIEFSThese can be extensive or short, depending on the depth of analysis required and the demands of the instructor. A comprehensive brief includes the following elements:1. Title and CitationThe title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing. The first section of this guide shows you how to identify the players without a scorecard.The citation tells how to locate the reporter of the case in the appropriate case reporter. If you know only the title of the case, the citation to it can be found using the case digest covering that court, or one of the computer-assisted legal research tools (Westlaw or LEXIS-NEXIS).2. Facts of the CaseA good student brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. WARNING! Judges are not above being selective about the facts they emphasize. This can become of crucial importance when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and "edit" the facts often determines which way he or she will vote and, as a result, which rule of law will be applied.The fact section of a good student brief will include the following elements:? A one-sentence description of the nature of the case, to serve as an introduction.? A statement of the relevant law, with quotation marks or underliningto draw attention to the key words or phrases that are in dispute. ? A summary of the complaint (in a civil case) or the indictment (in a criminal case) plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari.3. IssuesThe issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Again, watch out for the occasional judge who misstates the questions raised by the lower court’s opinion, by the parties on appeal, or by the nature of the case.Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases.When noting issues, it may help to phrase them in terms of questions that can be answered with a precise "yes" or "no."For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.S. Constitu tion to a school board’s practice of excluding black pupils from certain public schools solely due to their race. The precise wording of the Amendment is "no state shall... deny to any person within itsjurisdiction the equal protection of the laws." The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. Assuming that there was no doubt that the school board was acting as the State, and that Miss Brown was a "person within its jurisdiction," then the key issue would be "Does the exclusion of students from a public school solely on the basis of race amount to a denial of "equal protection of the laws’?" Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to "separate but equal"facilities did not deny them "equal protection of the laws." Make note of any such implications in your statement of issues at the end of the brief, in which you set out your observations and comments.NOTE: More students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. It may also help to label the issues, for example, "procedural issues,""substantive issues,""legal issue," and so on. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.4. DecisionsThe decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. There are narrow procedural holdings, forexample, "case reversed and remanded," broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the holdings can be stated in simple "yes" or "no" answers or in short statements taken from the language used by the court.5. ReasoningThe reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs.6. Separate OpinionsBoth concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they lined up. Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues.7. AnalysisHere the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the "rightness" of the decision debated, and the logic of the reasoning considered.Created by Christopher Pyle, 1982Revised by Prof. Katherine Killoran, Feb. 1999Excerpted from Lloyd Sealy Library, John Jay College of Criminal Justice。

英文法律文书简明教程

英文法律文书简明教程

英文法律文书简明教程英文法律文书是指用英语撰写的法律文件或文件的法律文件。

它们通常用于法庭案件、合同、法律备忘录和其他与法律有关的文件。

在撰写英文法律文书时,有一些常见的要点和规范需要遵守。

以下是一些简明的教程,引导你撰写英文法律文书。

1. 格式:根据当地的法律文书格式要求来撰写文书。

这可能包括特定的页边距、字体和行间距等要求。

2. 清晰简洁:使用简明扼要的语言来表达你的观点和论点。

避免使用复杂的句子结构和过多的法律术语,以确保易于理解。

3. 结构:使用清晰的标题和段落来组织文书。

在重要的内容之前提供简要的导言,列出要解决的问题以及你的观点和论点。

4. 使用法律术语:法律文书中通常需要使用一些专业的法律术语。

确保使用准确的术语,同时提供必要的定义和解释,以保证文书的准确性和清晰度。

5. 引述法律法规:当引述法律法规或司法案例时,确保提供准确的引用和注释。

使用适当的引文格式和引用标准,例如美式法律引用格式(ALWD)或布鲁岛法学院引文法规(BLUEBOOK)。

6. 逻辑和论证:在文书中使用清晰的逻辑和论证来支持你的观点。

提供法律依据和案例以支持你的论点,并回应可能的对方论点。

7. 校对和编辑:在完成文书后,进行仔细的校对和编辑,以确保文书的语法、拼写和标点符号等方面没有错误。

这对于法律文书的准确性和专业形象非常重要。

总体而言,撰写英文法律文书需要准确、简明和逻辑清晰。

熟悉当地的法律写作要求和规范,遵循这些教程可以有助于你更好地撰写英文法律文书。

同时,向有经验的法律专业人士咨询和寻求帮助也是很重要的。

如何熟练掌握法律英语写作

如何熟练掌握法律英语写作

如何熟练掌握法律英语写作如何熟练掌握法律英语写作陈世颐法律英语是一门专业语言,与英语科班出身或者日常英语的熟练程度并无必然联系。

任何一个普通的律师,只要遵循正确的练习方法,假以时日,都可以熟练掌握法律英语。

如何练习?作者精心总结的经验和方法,赶快GET起来吧。

9月的演讲课上,在自我介绍环节,我聊到我从事了将近八年的涉外投资、收并购及公司业务,工作语言以英语为主,并且在业余翻译了四本小说(三本已出版,一本待出版)的事,没想到引起了同学们对于英语,尤其是法律英语学习方法的好奇与询问。

大家如此捧场,令我实在愧不敢当。

英语确实是我个人兴趣之所在,选择从事英语业务,也是因为有机会将工作与兴趣相结合,发挥一些小小的特长。

但在每一天阅读与写作英语法律文件的过程中,确实积累了一些经验,在此与大家分享,也希望获得各位的意见与指教。

在律师工作中,会涉及到法律英语的听说读写。

其中,听与说的练习方法相近,读与写的练习方法相近。

限于篇幅,在本文中,我主要分享一些法律英语阅读与写作的学习经验。

首先需要特别指出的是,法律英语是一门专业语言,英语专业科班出身或有在英语国家学习的经历,与掌握法律英语并无必然联系,即使精通日常英语,对法律英语的掌握也不具有决定性的作用。

我在本科学的是法学,之后去法国用法语念了两年欧盟法,并没有专门用英语学习过法律。

我在法律英语方面的技能,完全是在工作中通过不断的使用和打磨而习得的。

按照我的经验,任何一个普通的律师,只要遵循正确的练习方法,假以时日,都可以熟练掌握法律英语。

就我比较熟悉的涉外非诉业务而言,通常会接触到的英语文件不外乎往来邮件、合同、法律意见书、尽职调查报告和工作报告等几类。

如不考虑文件本身所涉及法律问题的难易程度,仅仅从写作的角度而言,我个人认为,最好写的文件是合同,其次是往来邮件(不包括以邮件形式提供重大法律意见),最难写的是法律意见书及尽职调查报告。

一、英语合同合同中所呈现的几乎全都是对事件的客观描述,合同各方是谁,交易是什么,每一方要做哪些事,如果发生了某种情况应当如何处理,等等。

怎么学好法律文案英文作文

怎么学好法律文案英文作文

怎么学好法律文案英文作文英文回答:How to Master Legal Drafting in English。

1. Understand the Fundamentals。

Study the principles of legal drafting, including clarity, conciseness, and accuracy.Familiarize yourself with legal terminology, grammar, and punctuation.2. Practice Regularly。

Engage in frequent drafting exercises to develop your skills.Start with simple documents and gradually progress to more complex ones.Seek feedback from experienced lawyers or legal professors.3. Study Legal Documents。

Analyze well-written legal documents to identify their structure, language, and content.Pay attention to the use of boilerplate clauses and standard phrases.4. Immerse Yourself in the English Language。

Read legal materials in English, including statutes, case reports, and legal journals.Engage in conversations with native English speakers or participate in legal English workshops.5. Utilize Resources。

法律英语文章怎么写

法律英语文章怎么写

法律英语文章怎么写xx论文频道一路陪伴考生编写大小论文,其中有开心也有失落。

在此,小编又为朋友编辑了“法律英语文章怎么写”,希望朋友们可以用得着!Constitution is not necessarily a written documentThe fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.A legislative charter by which a government or group derives its authority to act.The concept of a constitution dates to the city-states of ancient Greece. The philosopher Aristotle (384-322 b.c.), in his work Politics, analyzed over 150 Greekconstitutions. In that work, he described a constitution as creating the frame upon which the government and laws of a society are built:In modern Europe, written constitutions came into greater use during the eighteenth and nineteenth centuries. Constitutions such as that of the United States, created in 1787, were influenced by the ancient Greek models. During the twentieth century, an increasing number of countries around the world have concluded that constitutions are a necessary part of democratic or republican government and have adopted their own constitutions.Many different forms and levels of government may have constitutions. All fifty states of the United States have constitutions, as do many countries including Japan, India, Canada, and Germany. It is also common for nongovernmental organizations and civic groups to have constitutions.In its ideal form, a constitution emanates from the consent and will of the people that it governs. Besides establishing the institutions of government and the manner in which they function toward each other and toward the people, a constitution may also set forth the rights of theindividual and government's responsibility to honor those rights.Constitutions, whether written or unwritten, typically function as an evolving body of legal custom and opinion. Their evolution generally involves changes in judicial interpretation or in themselves, the latter usually through a process called amendment. Amendment of a constitution is usually designed to be a difficult process in order to give the constitution greater stability. On the other hand, if a constitution is extremely difficult to amend, it may be too inflexible to survive over time.The ongoing evolutionary nature of constitutions explains why Great Britain may be described as having a constitution even though it does not have a single written document designated as such. England's constitution instead inheres in a body of legal custom and tradition that regulates the relationship between the monarchy, the legislature (Parliament), the judicial system, and common law. Though Great Britain's constitution is in a senseunwritten because it does not originate in a single document, many written laws have been instrumental in its creation, and England in fact has one of the oldest traditions of constitutionalism.In a truly constitutional form of government, government officials are subject to constitutional rules and provisions and may not violate them without punishment. Such constitutional governments are also called limited governments because the constitution restricts the scope of their power over the people. However, many governments with constitutions do not practice true constitutionalism. The former Soviet Union, for example, created the Stalin constitution in 1936, but that document did not establish a truly constitutional form of government. Joseph Stalin, the leader of the Soviet Union from 1924 to 1953, could not be formally penalized or called to account for his actions, no matter how heinous, before any other government official, any court, or the people themselves. The Soviet Constitution also claimed to guarantee freedom of speech, press, and assembly, but in practice the Soviet government continually repressed those whosought to express those freedoms. Constitutions such as that of the former Soviet Union are called nominal constitutions, whereas those that function more truly as prescriptive documents, such as the Constitution of the United States, are called normative constitutions.In the United States, individual state constitutions must conform to the basic principles of the U.S. Constitution. In other words, they may not violate rights or standards established by the federal, or national, Constitution. However, states are free to grant rights not defined in the U.S. Constitution, so long as doing so does not interfere with other rights drawn from the federal Constitution. For this reason, groups or individuals seeking to file constitutional claims in court are increasingly examining state constitutions for settlement of their grievances. In the issue of school desegregation, for example, groups such as the National Association for the Advancement of Colored People began in the 1990s to shift their focus to the state level with the hope of finding greater protection of rightsunder state constitutions.法律英语文章怎么写就为朋友们整理到此,希望可以帮到朋友们!相关推荐:旅游英语论文范文预览旅游方面的英语毕业论文旅游英语论文摘要翻译。

法考英语作文万能模板

法考英语作文万能模板

法考英语作文万能模板Legal English Writing Universal Template。

I. Introduction。

State the legal issue(s) involved.Provide a brief overview of the relevant facts.State your thesis statement, which should be a clear and concise statement of your legal argument.II. Body Paragraph 1: Legal Analysis。

Introduce the first legal argument that supports your thesis statement.State the relevant legal rule(s) and their sources.Apply the legal rule(s) to the facts of the case.Analyze the strengths and weaknesses of the argument.III. Body Paragraph 2: Counterargument。

Acknowledge and address the opposing viewpoint(s).State the legal rule(s) and their sources that support the opposing viewpoint(s).Apply the legal rule(s) to the facts of the case.Distinguish your argument from the opposingviewpoint(s) and explain why your argument is more persuasive.IV. Body Paragraph 3: Policy Considerations。

写好法律文书的6个步骤

写好法律文书的6个步骤
Step 6
Conclude your brief. Tell the court what relief you are seeking and ask for that relief.
Tips Warnings
1. Try to keep your brief brief. Courts appreciate brevity and clarity.
写好法律文书的6个步骤
A legal brief is a document used to submit an argument to a court. Briefs are generally written by lawyers and are intended to persuade the court to rule in your favor on a particular issue. Here are a few tips to help you write an effective legal brief.
2. Avoid legalese and incivility.
Step 2
Begin with a preliminary statement. This should identify the party submitting the brief and inform the court of the relief requested. Generally,a preliminary statement should be kept short and provide the court with enough information tounderstand the issues to be addressed in the brief.
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A legal brief is a document used to submit an argument to a court. Briefs are generally written by lawyers and are intended to persuade the court to rule in your favor on a particular issue. Here are a few tips to help you write an effective legal brief.
Step 1
Prepare a caption. Court rules state that every pleading should contain a caption including the name of the court, the title of the action, the file number and names of the parties.
Step 2
Begin with a preliminary statement. This should identify the party submitting the brief and inform the court of the relief requested. Generally, a preliminary statement should be kept short and provide the court with enough information to understand the issues to be addressed in the brief.
Step 3
State the facts relevant to the brief. Facts should not be misrepresented, but can be presented in a way that is favorable to your argument. Be sure to cite to the record to support these facts. Step 4
Make your argument. This is the part of the brief where you present your case. Analyze why the law supports the relief you are requesting. Apply the law to your set of facts and cite to cases that support your position. Generally, you should make your strongest arguments first, followed by secondary relevant arguments.
Step 5
Acknowledge the counter-argument. It won’t help your case to ignore any valid arguments that can be made by the other side. Address these arguments and explain to the court why your case is different. Distinguish any relevant cases that do not support your argument on their facts.
Step 6
Conclude your brief. Tell the court what relief you are seeking and ask for that relief.
Tips & Warnings
1. Try to keep your brief brief. Courts appreciate brevity and clarity.
2. Avoid legalese and incivility.。

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