法律英语考试相关要点
法律英语知识点归纳
法律英语知识点归纳法律英语是指在法律领域中使用的英语语言和术语。
对于从事国际商法、国际仲裁、国际贸易等方面的工作人员来说，掌握法律英语是非常重要的。
本文将详细介绍一些常用的法律英语知识点。
一、法律体系及法律原则1. Common Law（普通法）：源于英国的法律制度，以判例为基础，注重司法判决的先例。
2. Civil Law（民法）：法律体系以法典为基础，强调通过法典和条例规范法律事务。
3. Statute（法令）：由立法机关制定通过的具有法律效力的规定。
4. Case Law（判例法）：法院对特定案件的判决和裁决形成的先例，对类似案件具有法律约束力。
5. Precedent（先例）：判决或裁决后的法律准则，被认为可以指导类似案件的判决。
6. Hierarchy of Laws（法律等级）：指不同法律的优先级别，一般按照宪法、法令、法律、法规、命令、条例等顺序排列。
二、合同法1. Contract（合同）：双方达成的协议，包括权利和义务。
2. Offer（提议）：要约，表明愿意与他人达成协议。
3. Acceptance（接受）：对提议的同意。
4. Consideration（对价）：作为一方履行合同义务的回报。
5. Breach of Contract（违约）：未能按照合同约定履行义务。
6. Force Majeure（不可抗力）：无法预见或控制的事件，免除违约责任。
7. Jurisdiction（管辖权）：法院对案件有管辖权的能力。
8. Damages（赔偿金）：违约方需支付给另一方的经济损失补偿。
9. Termination（终止）：合同约定的条件下，解除合同关系。
三、知识产权法1. Intellectual Property（知识产权）：由创造性思维产生的无形资产。
2. Copyright（版权）：保护个人作品的权益。
3. Patent（专利）：保护新发明的独特性和可产业化的权益。
4. Trademark（商标）：区分商品来源的标志。
法律英语考试必读
Part 1 Insurance1. He is a holder of an insurance policy.他是保险单持有人。
2. How long is the period form the commencement to termination of insurance.保险责任起至期限多长？3. Insurance company insured ships and their cargoes against loss and sea.保险公司为船舶和船货承保了海损险。
4. Mr. Rodman is the most heavily insured man in the world, carry $4,000,000 insurance on his life.罗德曼先生是世界上投保最多的人，为自己投了4,000,000美元的人寿险。
5. One kind of insurance policy is the one that covers a named person.有一种保险单是记名保险单6. Parties to an insurance contract are required to exercise the utmost good faith and disclose all relevant matters to each other.保险合同双方当事人都应该尽到最大的善意，并且想到披露所有的相关事实。
7. The coverage is written in the basic form and clauses.保险范围写在基本保险单和各种险别条款里。
8. What cover will you take out?你们准备投保那些险别？9. What do your insurance clauses cover?你们的保险单规定了那些险种？10. Who will play the premium for WPA?水渍险费用由谁负担？Part 2 Real Property1. A man may claim that he owns land by inheritance or purchase from some other person.一个人可能会声称他是通过继承或从他人处购买而拥有土地。
法律英语考试复习资料
Lesson one1、a cause of action案由2、social norms 社会标准3、substantive law实体法4、procedural law程序法5、resolve disputes解决纠纷6、provide for规定7、be entitled to 有权······8、law of contracts合同法9、private law私法10、public law公法11、constitution law宪法12、administration law行政法13、criminal law刑法14、the law of torts 侵权法15、the civil law system大陆法体系16、the common law普通法17、the operation of the judicial processes司法程序的运作18、the United States Congress美国国会19、judge-made law判例法20、judicial decision 司法决定Lesson twomulti-state transactions 多重性choice of law 法律的选择substantive rights实体权利conflicts of law 法律冲突choice of forum 法院的选择courts of limited jurisdiction 有限管辖权法院courts of general jurisdiction 一般管辖权法院trial courts初审法院inferior court低级法院superior court 高级法院supreme court最高法院circuit court 巡回法院district court区法院appellate court上诉法院intermediate appellate court中级宪法at the discretion of 由······自由裁量court of limited subject matter jurisdiction 有限对事管辖权法院the amount in controversy争议数额diversity jurisdiction多元管辖federal question联邦问题the United States Courts of Appeals美国上诉法院the Court of Appeals for the district of ······特区上诉法院the Court of Appeals for the Federal Circuit联邦巡回法院the Supreme Court of the United States联邦最高法院original jurisdiction初审管辖权Lesson threejudicial process司法程序serve our purpose达到我们的目的regulatory and enabling legislation 规范性和授权性法规the adversary system抗辩制trial procedure 审判程序the inquisitorial system纠问制regulatory legislation规范性法规direct and cross examination直接质证、间接质证procedural safeguards程序保障due process正当程序on his own case 证明自己的立场impartial investigation 不偏不倚的调查resort to law诉诸法律resort to force诉诸武力turn on 取决于，依赖Lesson fourlegal relief 法律救济arbitration仲裁jurisdiction over the person of the defendant对被告的人身管辖权courts of original jurisdiction初审管辖权法院minimum contacts最低限度的联系be filed with 把······登记备案service of process送达give notice to通知service by publication公告送达a motion to dismiss驳回动议pleading-in-answer 答辩状sue对······提起诉讼redress纠正，补救summons传票affirmative defense积极抗辩counter-claim反诉on one’s part(on the part of )就某人而言，在某人一方；某人有责任的under penalty of （违者）以·······惩治in essence实质上default judgment缺席判决Lesson fivepre-trial discoveryquestion sb under oath经宣誓后质问某人lay a basis for为····打基础written interrogatories 质询书the interrogatory party 质询方discovery devices 取证方法compulsory physical examination 强制体检person injury case 人身伤害案discovery procedures 取证程序discovery requests 取证要求the violating party 违反的一方a pretrial conference 审前会议summary judgment 即决判决the opposing party 对方at the pleading stage 起诉答辩阶段decide the case in the mover’s favor of 作出有利于动议方的判决legitimate function 合法功能a fact of life 无法回避的事实interrogatory questions 质询的问题set the case for trial 将案件提交庭审depose 宣誓作证；选时候录取····的证词legitimate合法的Lesson sixthe Seventh Amendment to the Constitution 宪法第七修正案impanel the jury 组成陪审团challenge for cause 相对异议peremptory challenges 绝地异议opening statement 公开声明发言directed verdict 指令性裁决find in his favor 作出有利于他的立场判决non-moving party 非动议方charge the jury 给陪审团上课final argument 最后陈述general information 一般知识the burden of proof 举证责任a preponderance of the evidence 优势证据general verdict 一般裁决special verdict 特殊裁决legal effect 法律后果a nonunanimous verdict 不一致的裁决post-trial motions 审后动议judgment notwithstanding the verdict 推翻陪审团裁决的判决Lesson sevenrender a judgment on default 作出缺席判决a writ of execution 执行令judgment creditor 判决债权人judgment debtor判决债务人garnishment 扣押dispose of 把····处理掉attachment 财产保全exempt from····使····免于，使····不受set aside 撤回，驳回judicial proceedings 司法程序a writ of certiorari 调取卷宗令reverse the judgment 推翻原判written briefs 书面摘要affirm the judgment 维持原判modify the judgment 改判written opinion 书面意见书concurring and dissenting opinion 同意意见和反对意见set forth 陈述，阐明res judicata已决案件Lesson eightstand trial 出庭受审no crime without a law 法无明文规定不为罪due process 正当司法程序deprive sb of 剥夺某人的····double jeopardy 一事不再罚a summary arrest 即行逮捕pursuant to 遵循indictment 控告，公诉书grand jury 大陪审团booking 入册an appearance 出庭a preliminary hearing 预审information （公诉人的）控告，检察官的起诉书arraignment （对被告的）传讯nolo contendere 不争辩，不提异议plead guilty （对控告）表示服罪，承认有罪plea bargaining 认罪辩诉协议narcotics cases 毒品案件on probation 在缓刑期内，在监外执行期内suspended sentence 缓刑conviction 定罪，确认有罪。
司法考试中的法律英语如何备考与应对
司法考试中的法律英语如何备考与应对司法考试是一项重要的资格考试，对于想要从事法律职业的人来说，掌握法律英语是必不可少的。
在备考和应对司法考试中的法律英语部分时，有一些方法和技巧可以帮助考生提高备考效果和应试水平。
一、打造良好的学习环境学习环境对于备考司法考试中的法律英语至关重要。
考生可以选择一个安静、整洁的学习空间，避免干扰和噪音。
同时，保持良好的学习习惯，定时规律地进行学习并合理安排学习时间，可以提高学习效果。
二、积累法律英语词汇备考司法考试的关键是掌握大量的法律英语词汇。
考生可以通过多读法律文书、审判案例、法律期刊等方式，积累相关词汇。
同时，使用词汇卡片、记忆法以及参加专业培训等方法都可以加强词汇的记忆与掌握。
三、阅读法律英语材料阅读法律英语材料是提高法律英语能力的有效途径。
考生可以阅读各种法律英语书籍、判例以及相关的法律文件和法规，通过阅读，感受法律英语的特点和结构，提高阅读理解能力。
同时，学习解读并总结法律条文，分析法律问题，有助于提高技巧和素养。
四、刷题与模拟练习熟悉考试题型，了解考试要求是备考司法考试的必备基础。
考生可以通过刷题和模拟练习来熟悉考试形式和内容。
可以选择一些经典的法律英语试题，逐题进行分析和解答，并及时总结复习不足和错误的地方，加以纠正。
五、参加培训课程或辅导班对于想要提高法律英语能力的考生来说，参加培训课程或辅导班是一个有效的方法。
通过专业老师的指导和引导，可以系统地学习和掌握法律英语的相关知识和技巧。
老师可以传授备考经验，解答学生的疑惑，提供专业的模拟测试和评估，帮助考生更好地备考和应对考试。
六、强化听力能力法律英语听力是考试中的重要环节。
考生可以通过听取各类法律英语资料，如录音材料、法庭审判记录等，提高听力能力和理解能力。
同时，可以选择一些专门针对法律英语听力提供的训练资料和教材进行练习，熟悉考试中的听力题型和考点。
七、培养口语表达能力在备考和应对司法考试中的法律英语时，口语表达能力也是重要的。
大学法律英语重点
Legal English考试分数占70 上课回答问占10 Presentation 占20客观题填空 主观题 名词解释占20 判断 占80 简答题选择 翻译论述题第一章 总体介绍重点 前五个关键词 法系 英美法特点 两个主义 遵循先例 三推一1.【legal family 】The doctrine of legal families seeks to establish common groups, identifying similar legal practices, activities and subject matter and thereby classifying the entirety of global legal transactions and activities into "families" according to particular criteria. The traditional and almost exclusive focus on the continental European and Anglo-American systems.法系的信条是争取建立共同的团体,识别相似的法律实践,活动和主题从而将整个全球法律事务和活动分为“家庭”根据特定的标准。
传统的和几乎独有的法律都集中在欧洲大陆和英美系统。
Main characteristic① In the way of thinking and mode of operation of law, the common law system is the use of inductive methods. 归纳法② in the legal form, the case law plays an important role.判例法很重要③In the classification of the law, common law there is not strictly department law In the classification of the law, common law there is not strictly department law 普通法无严格分类 ④In education law area, common law in the United States is mainly located in vocational education.职业教育⑤In the legal profession, judges of the Federal Court of Justice are generally from lawyers. 从律师做到法官4.【遵循先例原则】后文也有此处提到The Doctrine of Stare ; The doctrine of stare decisis; Stare Decisis; the principle of stare decisis; the Precedent Principle.5.【犯罪构成理论：三推一】The theory of constitution of crime in civil law system.犯罪构成理论，强调严格以制定法为依据，将行为人和行为带入犯罪构成体系中进行衡量，得出是否构成犯罪的结论。
法律英语考前总结
法律职业legal profession; 律师协会Bar Association 律师执业practice law; 专职法律顾问House counsel;两级审判体制two-tiered system；司法管辖区judicial district;私人执业律师private practitioner;刑事责任criminal liability;正当杀人justifiable homicide;激情杀人killing sb. “in the heat of passion”;非故意杀人unintentional killing;过失杀人罪negligent homicide.法律效力legal effect;事实、书面协议agreement-in-fact(as written)法官的自由裁决权judicial discretion;补偿和损害赔偿金compensation and damages;无形损害intangible damage;共同过失contributory negligence;严格（无过错）责任strict(No-Fault) liability. 重罪谋杀felony murder, robbery1、产品责任（product liability）：liability in TORT or DELICT in respect of produce.Essentially an application of the law of tort although the term can be used to cover liability under sale and supply of goods.过失侵权责任Tort liability for negligence presupposes causality between the negligent act and injury to person or property. A person is negligent if he has not complied with his "duty of care" and, seen objectively, has not acted as " a reasonable and prudent man."2、无过错责任\严格责任：（no-fault liability）=strict liability.(in tort) Liability for a wrong that is imposed without the claimant having to prove that the defendant was at fault. Strict liability is exceptional in the law of tort, but is imposed for torts involving dangerous animals and dangerous things conversion, defamation, products liability, and some cases of breach of statutory duty. It is no defence in these torts that the defendant took reasonable care to prevent damage, but various other defences are admitted.杀人：Homicide,is the killing of one human being by another human being. 谋杀：murder:According to the common law, murder was the killing of a human being with "malice",malice may be express or implied.3、一级谋杀：First degree murder is any murder that is willful and premeditated. Felony murder is typically first degree murder.非预谋杀人：Manslaughter, was defined a common law as an unlawful killing of another without malice. It could be ethier voluntary or involuntary.==voluntary Manslaughter, an intentional killing upon “great provocation” and ”in the heat of passion” constitutes the crime of voluntary Manslaughter. Involuntary manslaughter, may be described generally as an unintentional killing resulting from gross negligence, or as a result of dangerous unlawful conduct. 4、司法系统：judicial system:the system of law courts that administer justice and constitute the judicial branch of government.There are fifty-two separate courts systems in the United States.Each state, as well as the District of Columbia, has its own fully developed, independent system of courts and there is a separate federal courts system. The presence of two parallel court systems, presenting important issues of federalism. The United States Supreme Court, composed of nine justices, sits as the final and controlling voice over all these systems. 米兰达规则：The Miranda Rule：When a person is in custody, some version of the Miranda rights, the interrogator must advise the suspect that : When a person is in custody, some version of theMiranda rights, such as: a. he has aright to remain silent; b. anything he says may be used against him; c. he has a right to an lawyer; d. If he cannot afford a lawyer one will be provided free. It became known as the doctrine of Miranda warnings later.侵权行为：A tort is something that you do or fail to do which harms someone else and for which you can be sued for damages. tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm.侵权责任：(tortious liability): Liability that arises from the breach of a duty that is fixed primarily by the law, is owed to persons generally, and when breached, is redressable by an action for unliquidated damages.5、法律职业：legal profession ：the body of individuals qualified to practice law in a particular jurisdiction. American legal profession composed by lawyers, judges, prosecutors and law teachers.7.专职法律顾问house counsel, employed by private business concerns, such as industrial corporations, banks, usually as house or corporate counsel in the concern’s legal department.8.合同contract, as we will use that term, ordinarily connotes an agreement between two or more persons-not merely a shared belief, but a common understanding as to refer to a document-the set of papers in which such an agreement is set forth.1、一级谋杀与二级谋杀的区别：A "willful, deliberate and premeditated" killing . such a poisoning or a killing during the commission fo a dangerous felony, may be labeled first degree murder and punishable by death or long imprisonment. Other forms of murder may be of the second degree and punishable with a lesser penalty. According to the common law, however, there were no degrees of murder. Any unlawful killing was either murder or manslaughter.汉译英：1、是否废除死刑是法学界长期争议的问题。
4.法律英语及答题技巧
一,英语专业面试好象这几年都是重的题目,应该早准备.今年面试的时候是每一小组进去抽题目,信封装着,也就是说,每一个小组的每一个人题目是不一样的.下面这些,是我的好朋友FSL在自己也忙面试的时候抽时间帮我写的.如果转帖,请标示姓名.中间可能有一点点输入的拼写错误．其实不用说这么多，能说一分钟左右就可以了．我抽到的题目很简单，是录取后的学习计划，我说了三条，然后老师问我，对民法的那一部分感兴趣，为什么．（因为其中我提到了我将锁定一些感兴趣的方面，做深入的研究）专业口语资料fsl(原创)Reform in legal system(法制改革)The reform in legal system is one of the important forms of law development. It means reforming from the conten t to the form of law, from the enactment to the enforcement of law, to meet the needs of changing society. Here, I j ust want to talk about the characteristics and reasons of the reform in legal system.The initial aim of the reform in legal system is mainly to establish an efficient and coordinated legal system. So, it s tasks are to create some branches of law, draw up new laws, and abandon or modify some old laws. For exampl e, during the process of reformation, China has created the economic law, the business law , the environmental la w, and so on. In more than 2000 laws and regulations issued from 1949 to 1979 , half of them were abandoned, on e fourth were modified, and one fourth keep valid.With the improvement of the legal system, people pay more attention to the effect of law. First, people are more co ncerned with the operation of law in legislation. Second, the reform in the system of judicature is put on the agend a. Third, the improvement of the supervisory system of law is paid more attention. In short, in this stage, the core o f reformation is to improve the operating system of law.But, what’s the ultimate goal of our reform? I think it is to realize rule by law. Meanwhile, to protect the rights of c itizen is also its mission.As we see, the reform in legal system is always accompanied by other social reforms. It’s one of the characteristic s of the reform in legal system. Besides the inner conflict between laws, the reform in economic system and politic al system are the impetus of reform in legal system.Only if the law adapts the development of society, it could bring its functions into play. But ,the reform may be a l ong process, and we look forward to the coming of a society ruled by law.Division of the science of law（法学体系的划分）The system of the science of law is an interrelated entirety made up of many branches of the science of law. As a t heoretical system, it is changing with the legal theory and practice of law.To specialize the research, people divide the system of the science of law into many concrete branches according t o certain criterions. But because of different angle of observation and research, the division varies from person to p erson. On the whole, criterions are mainly following: taking the object of research as criterion, the system is divide d into the science of Constitution, the science of penal law, the science of civil law and so on; taking the level of re search as criterion, it is divided into the science of theoretical law and the science of applied law. The other criterio ns are the scope of research, the method of research and so on. But to evaluate if such division is scientific, two fac tors should be considered. The first is whether the division accords with the real appearance of the science of la w. The second and more important is whether the division accords with logical rules.In china, the division of the science of law shows a complicated picture. Some scholars divided it into five classe s. They are the science of theoretical law , the science of applied law, the science of the history of law, the science of domestic law, the science of international law. Some scholars divided it into six classes. They are the science of theoretical law , the science of the branch of law, the science of the history of law, the science of legislation, the s cience of international law and the science of marginal law.The phenomenon of the science of law has complicated relations, so it is difficult to find a division which is perfec t. It just depends on whether the division accords with the appearance of the science of law and which one is accep ted by people more easily. So, I agree to such division, which divides the system into the following classes: the sci ence of theoretical law, the science of applied law, the science of the history of law, the science of comparative la w, and the science of marginal law.Talk about WTOWTO is the abbreviation of the world trade organization. It is created in January 1 st, 1995, whose precursor is GA TT. Its general headquarter is in Genevese, Switzerland. WTO is the biggist trade organization in the world. Ther e are 137 members in WTO now, the gross trade of which occupies above 95 percent of the world trade. WTO, wo rld bank and international monetary fund are called the three pillars of the world economic system.After the effort of 8 years, China entered WTO successfully in the late 2001. It is an opportunity, but also a challen ge.One of the most essential tasks confronting us at present is to abolish the relevant laws and regulations conflicting with the WTO conventions and enact laws that are applicable to those of the WTO. For example, the criminal la w of the P.R.C should further improve the relevant rules and regulations concerning the object of trademark protec tion, the scope of the counterfeit trademark as well as some other crimes against trademark.The present situation of judicature（司法制度现状）Judicature is one of the important forms of the enforcement of law. In China, the subjects of judicature are only th e court and the procuratorate. Relevently, the system of judicature is made up of two parts: the system of people’s court and the system of the people’s procuratorate.In China, the power of judicature is divided into the powers of adjudication, powers of prosecution and the power s of legal supervision. The people’s court exercise the powers of adjudication, and the people’s procuratorate exerc ises the powers of prosecution and the powers of legal supervision.From the foundation of China, three main procedure laws were issued in succession. They are the criminal procedu re law, civil procedure law and administrative procedure law. In trial, the court follows the principle of public tria l, the independence of judicature, the system whereby the second instance is final, the people’s jury system and so on.The procedure of lawsuit mainly contains the procedure of first instance, procedure of second instance, summary p rocedure, procedure for trial supervision and procedure of execution.Now, we are improving the system of evidence, procedure for review of death sentences and so on. To view the Ch ina’s system of judicature, we may see that the legislation concerning procedure law is in the process of further im provement, and judicial reformation is also under way.Talk about the system of lawyer（律师制度）In China, to be a lawyer, you should pass the national judicial examination first. Then, after the practice in a law fir m in one year, you can get the qualification of lawyer. If you want to provide legal service to the public, you shoul d join a law firm. Or you will violate the law.The lawyer has the obligation of maintaining secret for his customer. According to the law of lawyer, the lawyer should maintain the state’s secrets and his customer’s commercial secrets which he knows because of his work, and t he lawyer should not let out the privacy of his customer. If a lawyer lets out the state’s secret, his qualification wou ld be revoked and he may be investigated and affixed criminal responsibilities. If he lets out his customer’s comme rcial secret and privacy, he would be warned by the judicial and administrative department, or his qualification wo uld be suspended for at least 3 months, but not more than one year if the plot is serious. In my opinion, this punish ment is a little light. It is not enough to be a deterrent for lawyer who lets out his customer’s secret. Sometimes, the benefits of lawyer and his customer may conflict. So, the law prohibits the lawyer asking his custo mer for extra properties. And the lawyer must not exempt his civil responsibilities for the damage caused by his ill egal activities or mistakes.In the court, the lawyer has the obligation of withdrawal, and the obligation of authenticity. He must not forge evid ence, or change the content, form and nature of the evidence illegally. And he must not threaten ,lure someone to p rovide false evidence.vvvThe system of civil code(民法体系)About the system of China’s civil code, there are three standpoints in the field of the science of civil law. They are idealism, romanticism and realism. The idealism holds the Roman law in esteem, aiming to promote the status of personal law. The romanticism advocates to draw up a loose civil code. While the realism stresses to respect the c ustom of our legal system, preferring the system from overall to fraction.But about the concrete design of civil code, though there are many suggestions, most scholars choose the stand of r ealism. For example, some scholars think the civil code should contain six parts as follows: the general principle, p ersonal rights, real rights, intellectual rights, rights of inheritance, creditor’s rights. Some scholars deem the civil c ode should contain seven parts, as follows: the general principle, real rights, creditor’s rights, rights of relative, rig hts of inheritance, intellectual rights and torts.The views above have some resemblances in content, but also have many differences. The question is why they al l choose realism in the design of the system of civil code. In fact, there are two style about the system of civil cod e. One is the style of Roman, accepted by France, Italy and so on. The other is the style of Germany , accepted by Germany and its followers. From the reform in legal system in the late Qing Dynasty, we have accepted the styl e of German’s system of civil code and its concepts, principles, institutions and theoretical system. The arrangeme nt of chapters and sections, concepts we are using and system of civil rights in the general principles of civil law i n force, apparently drawn lessons from German’s civil code. So, it is not surprise that so many scholars choose th e realism.The relation of law and society(法律和社会的关系)The relation of law and society is very close. The morality, custom, science and technology, politic, population, en vironment and especially the economics influence the law to different degree. As we know, the law regulates all ki nds of social relations. So they always influence each other, and supplement each other. Here, I just talk about the r elation of law and economics, the relation of law and environment.From the origin of law, we can see that the law is a result of exchange of commodities. About this question, Marx had said “ exchange exists first, then it develops to be law”. With the development of economics, the law is beco ming prosperous. It plays an important role in the areas of macroeconomics-control and market supervision. The la w is the economics’ guidance, promoter and guarantee. On the other hand, the economics also promotes the advan ce of legal system.The environment is the important content of social sustainable development. And as the importance and seriousnes s of the environmental problems, the environment becomes the regulated object of law. The science of environmen tal law came into being. It plays important part in protecting and promoting the environment.In a word, the law is a kind of useful tool to make our society orderly and harmonious . in other word, the operatio n of modern society needs law to regulate. In this process, the content of social life enriches the regulated objects o f law.The method of study of law(学习法律的方法)The method of study of law varies from person to person. Roughly, there are two methods. The first is learning fro m legal books,as most of law students do. The second is learning from our life. The former makes study of law sys tematically, while the latter makes study lively.I think the latter method is more important. As we know, the law comes from our life, though it is written by me n. Moreover, the purpose of learning law is to use it in our life. So, to see, to listen, to experience, to think all kind s of events related to law is very important. Of course, law books may be useful, especially when meeting some dif ficulties about the meaning of regulations.Actually, remembering all kinds of concepts and regulations is not enough. I think understanding the spirit of law i s necessary and useful. For example, we stress autonomy in our private law, but we still see some regulations viola te this principle. Another good example is a judge who deals with civil actions specially may meet a case, which h as no corresponding rules to cite. In this situation, the judge had better appeal to the spirit of law to solve this probl em.In a word, the best method of study of law is the one which is suitable for yourself. I think combing theory and pra ctice closely is a good and necessary method.Independence of judicature (司法独立)The independence of judicature is a hot topic in recent years. Here, I just want to talk about the meaning of the ind ependence of judicature. In my opinion, that means when judicial organs exercise their functions and powers, the y only obey law, not interfered by legislative bodies, administrative units, mass organizations and any other perso n. The independence of judicature in a country, can guarantee the improvement of political organs and make the ri ghts of citizen come true. So, it couldn’t be thought the independence of judicial organs only. It should also includ e the independence of judicial power and the independence of judge.Above all, comparing with the legislative power and the administrative power, the judicial power seems weaker. A nd it is often encroached for judges is easily controlled by outer factors. So, to ensure the judicial power is exercise d normally, we should emphasize the independence of judicial power.Second, the independence of judicature means the judicial power could only be exercised by judicial organs, not b y any other unit.Last but not least, it also means the judges only obey the law when they are exercising their functions and power s. But to guarantee the independence of judge, it should have two conditions. The first condition is that judges sho uld be independent when they exercise their power, not influenced by his superior or any other judge. The other co ndition is the insurance of the judge’s profession, including the obtaining of profession , the maintaining of profess ion and the pay.In our country, the judicial organs exercise the powers of prosecution and adjudication, not intervened by other aut horities and person. It manifests the independence of judicial organs. But the state power is controlled by the natio nal people’s congress in unison. The judicial organs are elected by the national people’s congress, whose status ar e lower than it. So, in our country, judicial organs have their own features. They can’t be explained by the internati onal theory of the independence of judicature. But it doesn’t mean that we can ignore the serious problems in our judicial power, such as administrative interference and bureaucracy. How to establish our independence of judicatu re is a very important question now.Comparison in legal families(两大法系比较)The legal family of continental law and the legal family of common law are two different legal families in the worl d. They have different sources. The former takes the Roman law as its source. So, it is also called the legal family of Roman law. The latter is based on the common law from middle ages in England. So, it is also called the lega l family of case lawThe legal family of continental law is mainly distributed in Europe, American, Asia and Africa, such as France, Ge rmany, Italy and so on. Of these, Europe is the place of origin and center area. While the legal family of common l aw is mainly distributed in England, America, Canada, Australia and so on..The former are all states of statute law, so people always think the positive law is the main source of the continenta l law. But with the increase of the positive law in the legal family of common law, it is difficult to say the status o f the positive law is their main difference. In fact, in the aspect of legal source, what characterizes the continental l aw is their codification. By contrast, the feature of the common law is their case law, which is formed from the cou rt’s judgements. The case law follows the principle of staring decisis. Of course, in the legal family of continental l aw, they also admit the importance of the case, but the judge is not legislator, and the case is not the source of law. Though there are many differences between the two legal families, they influence each other more and more strong ly from the 20th century. And the trend of mixture will be going on in the future.Procedure of law (程序制度)The procedure of law is a comprehensive concept, including the procedure of legislation, the procedure of administ ration, the procedure of lawsuit and so on. Here I just talk about the procedure of lawsuit briefly.The procedure of lawsuit is more complicated than other procedures. In China, it is made up of the criminal proced ure law, the civil procedure law and the administrative litigation law.In modern society, people have realized the importance of procedure laws in protecting of the system of rule law a nd democracy. Take criminal procedure law for example, to prevent the state power being abused,the criminal proc edure law provides various restriction on filing case, arrest and other coercive measures, prosecution, conviction ,i nter alias, those very strict procedural requirements on search and seizure. These requirements have played a very i mportant role in protecting citizen’s fundamental rights.To view the China’s procedure law system, we may see that the legislation concerning procedure law is in the proc ess of further improvement, and judicial reformation is also under way. The aims of the reformation and improvem ent are to ensure basic functions of procedure laws, namely safeguarding the public orders while intensify in huma n rights protection and promoting judicial efficiency.Case teaching and expository teaching(案例教学和板书教学)Case teaching and expository teaching are two different teaching methods. The former passes on knowledge by th e form of case analysis. The latter passes on knowledge by the form of writing on the blackboard. They have thei r own advantages and disadvantages.The case teaching lays particular emphasis on enlightening students’ ideas. This method lets students get in touch with the real lawsuits in our life. So ,it easily causes the students’ interest, and the interaction between the teache r and the students is very good. while expository teaching lays particular emphasis on the explanation of the knowl edge, thus, the atmosphere of class may seem oppressive and the interaction between the teacher and the students is not so good as case teaching.The expository teaching has the advantage of passing on knowledge systematically. By contrast, case teaching pass es on knowledge scatteredly. So, it is hard to have a good grasp of the system of knowledge.But case teaching has an advantage of fostering the students’ ability to think independently and ability to solve pro blems. Because the process of analyzing case is also the process of putting forward questions, pondering problem s and solving problems. Most of the class time is left for students, and the teacher just plays a role of guiding. Stud ents always find their weakness during this process and they can study others’ virtue. While expository teaching se ems more or less dull. Though the teacher may ask students some questions, the protagonist is the teacher, not he st udents.Anyway, the ultimate purpose of case teaching and expository teaching is the same. That is to pass on knowledge e ffectively and to foster the students’ abilities.二专业课面试也是抽题目，而且也有很多和去年重复的题目。
法律英语复习重点
WhyWhatToolsHowAdditional advice & course descriptionArrangement of the textbookHomeWhat to learn?To learn and refine your own English（扎实的基本功，法律语言句式复杂，长句多）Acquire the language of lawAcquire knowledge of the basic legal conceptsSome features of legal languagecommon words with special meaningOld and Middle English wordsLatin words and phrasesFrench wordsUse of argotLong sentenceWORDS LEGAL MEANINGaction 诉讼Consideration补偿/对价/约因Counterpart副本executed签名使契据生效Hand签字Instrument文件eg. Legal instrument: legal document(1) common words with special meaningWORDS LEGAL MEANINGLetters 许可证Party 诉讼方、合同缔结方、当事人Prayer诉讼请求Presents本文件this legal documentSaid上述的mentioned beforeEg. the said witness 该证人Serve送达Specialty盖印合同sealed contractProvide for 规定Remedy补救办法(2) Old and Middle English wordsIf any of the terms or provisions of this Contract shall be declared illegal or unenforceable by any court of competent jurisdiction, then the parties hereto agree to do all things and cooperate in all ways open to them to obtain substantially the same result or as much thereof as may be possible, including the amendment or alteration of these presents若主管法庭宣布本合同任何条款或规定非法或无效，双方同意将尽最大努力采取一切可行措施，包括修改或更换合同，以取得大体相同或尽可能多的效益here words: hereafter（此后、将来）, hereby（籍此）, herein（此中、此处）, hereinafter（在下文）, hereof, hereto there words: thereby, thereof（因此）, therein（在那里）, thereon, thereto, theretofore, thereupon, therewith aforesaid如前所述said (used as an adjective)Such上述的forthwith立刻thence从那时起, thenceforth从那时起/其后Where words: whereby（由是、因此）, whereof（关于它）witness (used in the sense of testimony by signature, oath, etc. as “In witness whereof, I have set my hand, ...”签字盖章,特此为证witnesseth鉴于(meaning to provide formal evidence of something, the Old English present indicative, third person singular verb form.)(3) Latin words and phrasesalias别名, 化名Alibi不在犯罪现场的证明/不在犯罪现场一种辩护形式bona fide善意/真诚的versus(4) French wordsAction 诉讼Agreement 协议Appeal 上诉arrestarson 纵火assault 袭击attorneys 律师battery 殴打罪bill 法案、议案claim 索取Condition 条款contractevidence 契约法、合同法execution 执行guarantee担保物/抵押品infant未成年人judgesjudgment 审判jurors 陪审员justice(5) Use of argotThe language of the law, sometimes even a particular word, has a dual aspect. Lawyers use language that is intended to speak to lawyers and laymen, as in contracts, jury instructions, notices, and even laws. Lawyers also use language that is intended to speak primarily to each other, as in pleadings, opinions, argument and in the day-to-day negotiation and discussion that is the lawyer's life. In this aspect, a portion of the language of the law is ARGOT, a 'professional language'. E.g.:alleged有嫌疑的casecause of action 原告的起诉原由damages 损害赔偿due care 应有注意inferior court 下级法院issue of fact关于事实的争论点issue of law关于引用法律的争论点pursuant to stipulationreversed and remanded发回重审superior court 高级法院Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence. 任何人与其它公共机构进行任何事务往来时,无合法权限或合理理由而向受雇于该公共机构的公职人员提供任何利益﹐即属犯罪。
Legal English 大学法律英语重点
Legal English考试分数占70 上课回答问占10 Presentation 占20客观题填空主观题名词解释占20 判断占80 简答题选择翻译论述题第一章总体介绍重点前五个关键词法系英美法特点两个主义遵循先例三推一1.【legal family】The doctrine of legal families seeks to establish common groups, identifying similar legal practices, activities and subject matter and thereby classifying the entirety of global legal transactions and activities into "families" according to particular criteria. The traditional and almost exclusive focus on the continental European and Anglo-American systems.法系的信条是争取建立共同的团体,识别相似的法律实践,活动和主题从而将整个全球法律事务和活动分为“家庭”根据特定的标准。
传统的和几乎独有的法律都集中在欧洲大陆和英美系统。
2.【英美法的特点】Main characteristic① In the way of thinking and mode of operation of law, the common law system is the use of inductive methods. 归纳法② in the legal form, the case law plays an important role.判例法很重要③In the classification of the law, common law there is not strictly department law In the classification of the law, common law there is not strictly department law 普通法无严格分类④In education law area, common law in the United States is mainly located in vocational education.职业教育⑤In the legal profession, judges of the Federal Court of Justice are generally from lawyers.从律师做到法官3.【两个主义】4.【遵循先例原则】后文也有此处提到The Doctrine of Stare ; The doctrine ofstare decisis; Stare Decisis; the principle of stare decisis;the Precedent Principle.5.【犯罪构成理论：三推一】The theory of constitution of crime in civil law system.犯罪构成理论，强调严格以制定法为依据，将行为人和行为带入犯罪构成体系中进行衡量，得出是否构成犯罪的结论。
《法律英语》知识点归纳
unit 1lesson11.A basic purpose of law in our society is to maintain order and to resolvedisputes. For this purpose we make laws to define our rights and duties and prescribe what we should and should not do.在我们的社会里，法律的一个基本目的是维持秩序、解决争议。
为此目的我们制定法律，以界定权利义务，规定我们应做什么不应做什么。
6.If deals with wrongful acts against a person or his property and is based on the theory that in a civilized society, people who injure others or their property must compensate them for their loss.它(侵权法)处理危害人身或财产的过错行为，它的理论依据是:在文明社会里,危害他人或他人财产者必须赔偿损失。
9.The phrase “sources of law”is used to describe methods and procedures by which law is created and developed,or the origin from which particular lawsderive their authority or coercive force. “法的渊源”这一术语用以描述法律形成和发展的方法和程序，或特定法律获取权威和强制力的源头。
T1.There are many ways to define law, but no single definition is completely satisfactory.w brings about changes in society, so it is an instrument of change.F5. Judicial decisions are an important source of law in France and Germany.w can be___defined___ in different ways according to its different __puqxjses____ .3. Even if the court ____imposes____ a fine （罚款）on him, the judgment will notbe ____enforceable_____ because he is too poor to pay.7. Substantive laws define rights while procedural laws ___establish,___ procedures by which rights are ___protected___ and enforced.9. Public laws ___affect,___ the public generally, while ___private___ laws deal with the relationship between___individuals___ 。
法律英语考试复习：Judicial
法律英语考试复习：JudicialAs with the other branches，the U.S. judiciary possesses only those powers the Constitution delegates.The Constitution extended federal jurisdiction only to certain kinds ofdisputes.Article III，Section 2 lists them.Two ofthe most signi？cant are cases involving a question offederal law （all Cases i Law and Equity，arising under this Constitution，the Laws ofthe United States，and Treaties made） and versitycases，or disputes between citizens oftwo different states.Diversity jurisdiction allows each party to avoid litigating his case before the courts of his adversarys state.A second judicial power emerged in the Republics early years.As explaine in Chapter 2，the U.S.Supreme Court in the case of Marbury v.Madison （1803） interpreted its delegated powers to include the authority to determine whether a statute violated the Constitution and，ifit did，to declare such a law invalid.A law may be unconstitutionalbecause it violates rights guaranteed to the people by the Constitution，or because Article I did not authorize Congress to pass that kind oflegislation.The power to interpret the constitutional provisions that describe where Congress may legislate is thus very important.Traditionally，Congress has justified many statutes as necessary to regulate commerce among the several States，or interstat commerce.This is an elastic concept，difficult to describe with precision.Indeed，one might for nearly any statute devise a plausible tie between its objectives and the regulation ofinterstate commerce.At times，the judicial branch interpreted the commerce clause narrowly.In 1935，for instance the Supreme Court invalidated a federal law regulating the hours and wages ofworkers at a New York slaughterhouse because the chickens processed there all weresold to New York butchers and retailers and hence not part ofinterstate commerce.Soon after this，however，the Supreme Court began to afford President Franklin D.Roosevelts New Deal programs morlatitude，and today the federal courts continue to interpret broadly the commerce power，although not so broadly as to justify any legislation that Congress might pass.。
法律英语考试复习资料
Lesson one1、a cause of action案由2、social norms 社会标准3、substantive law实体法4、procedural law程序法5、resolve disputes解决纠纷6、provide for规定7、be entitled to 有权······8、law of contracts合同法9、private law私法10、public law公法11、constitution law宪法12、administration law行政法13、criminal law刑法14、the law of torts 侵权法15、the civil law system大陆法体系16、the common law普通法17、the operation of the judicial processes司法程序的运作18、the United States Congress美国国会19、judge-made law判例法20、judicial decision 司法决定Lesson twomulti-state transactions 多重性choice of law 法律的选择substantive rights实体权利conflicts of law 法律冲突choice of forum 法院的选择courts of limited jurisdiction 有限管辖权法院courts of general jurisdiction 一般管辖权法院trial courts初审法院inferior court低级法院superior court 高级法院supreme court最高法院circuit court 巡回法院district court区法院appellate court上诉法院intermediate appellate court中级宪法at the discretion of 由······自由裁量court of limited subject matter jurisdiction 有限对事管辖权法院the amount in controversy争议数额diversity jurisdiction多元管辖federal question联邦问题the United States Courts of Appeals美国上诉法院the Court of Appeals for the district of ······特区上诉法院the Court of Appeals for the Federal Circuit联邦巡回法院the Supreme Court of the United States联邦最高法院original jurisdiction初审管辖权Lesson threejudicial process司法程序serve our purpose达到我们的目的regulatory and enabling legislation 规范性和授权性法规the adversary system抗辩制trial procedure 审判程序the inquisitorial system纠问制regulatory legislation规范性法规direct and cross examination直接质证、间接质证procedural safeguards程序保障due process正当程序on his own case 证明自己的立场impartial investigation 不偏不倚的调查resort to law诉诸法律resort to force诉诸武力turn on 取决于，依赖Lesson fourlegal relief 法律救济arbitration仲裁jurisdiction over the person of the defendant对被告的人身管辖权courts of original jurisdiction初审管辖权法院minimum contacts最低限度的联系be filed with 把······登记备案service of process送达give notice to通知service by publication公告送达a motion to dismiss驳回动议pleading-in-answer 答辩状sue对······提起诉讼redress纠正，补救summons传票affirmative defense积极抗辩counter-claim反诉on one’s part(on the part of )就某人而言，在某人一方；某人有责任的under penalty of （违者）以·······惩治in essence实质上default judgment缺席判决Lesson fivepre-trial discoveryquestion sb under oath经宣誓后质问某人lay a basis for为····打基础written interrogatories 质询书the interrogatory party 质询方discovery devices 取证方法compulsory physical examination 强制体检person injury case 人身伤害案discovery procedures 取证程序discovery requests 取证要求the violating party 违反的一方a pretrial conference 审前会议summary judgment 即决判决the opposing party 对方at the pleading stage 起诉答辩阶段decide the case in the mover’s favor of 作出有利于动议方的判决legitimate function 合法功能a fact of life 无法回避的事实interrogatory questions 质询的问题set the case for trial 将案件提交庭审depose 宣誓作证；选时候录取····的证词legitimate合法的Lesson sixthe Seventh Amendment to the Constitution 宪法第七修正案impanel the jury 组成陪审团challenge for cause 相对异议peremptory challenges 绝地异议opening statement 公开声明发言directed verdict 指令性裁决find in his favor 作出有利于他的立场判决non-moving party 非动议方charge the jury 给陪审团上课final argument 最后陈述general information 一般知识the burden of proof 举证责任a preponderance of the evidence 优势证据general verdict 一般裁决special verdict 特殊裁决legal effect 法律后果a nonunanimous verdict 不一致的裁决post-trial motions 审后动议judgment notwithstanding the verdict 推翻陪审团裁决的判决Lesson sevenrender a judgment on default 作出缺席判决a writ of execution 执行令judgment creditor 判决债权人judgment debtor判决债务人garnishment 扣押dispose of 把····处理掉attachment 财产保全exempt from····使····免于，使····不受set aside 撤回，驳回judicial proceedings 司法程序a writ of certiorari 调取卷宗令reverse the judgment 推翻原判written briefs 书面摘要affirm the judgment 维持原判modify the judgment 改判written opinion 书面意见书concurring and dissenting opinion 同意意见和反对意见set forth 陈述，阐明res judicata已决案件Lesson eightstand trial 出庭受审no crime without a law 法无明文规定不为罪due process 正当司法程序deprive sb of 剥夺某人的····double jeopardy 一事不再罚a summary arrest 即行逮捕pursuant to 遵循indictment 控告，公诉书grand jury 大陪审团booking 入册an appearance 出庭a preliminary hearing 预审information （公诉人的）控告，检察官的起诉书arraignment （对被告的）传讯nolo contendere 不争辩，不提异议plead guilty （对控告）表示服罪，承认有罪plea bargaining 认罪辩诉协议narcotics cases 毒品案件on probation 在缓刑期内，在监外执行期内suspended sentence 缓刑conviction 定罪，确认有罪。
法律英语必背单词期末考试法学
法律英语必背单词第一章法律制度Civil Law：民法Economic Law：经济法Legal system：法律制度；法律体系；法系American’s youth：美国建国初期Fifty States：50个州（美国是个联邦制国家，每个州都是一个相对独立的实体，有着自己的宪法和政府组织，因此把state理解成邦国更为准确）The reports of the United States Supreme Court：联邦最高法院判例汇编Stout volumes：巨册Overarching：贯穿始终的National characteristics：民族特性Binding interpretation：有约束力的法律解释Common law：普通法（它是统一适用于整个国家，效力优先于地方习惯法的法律，因此理解成共同法更为准确）Itinerant judges of the English royal court：英国皇家法院的巡回法官Writ：令状Provisions of Oxford：牛津条例（从贵族会议中推选出的24人委员会为限制亨利三世的权力而在1258年制定的一部带有宪法性质的法律）Writ upon the case：本案令状Ex aequo et bono：公平且善良Court of Chancery：衡平法院Maxims：法则Compensatory damage：金钱赔偿Judicial acceptance：司法接纳（即，通过判例法的方式接受）第二章法律职业Legal profession：法律职业The bar：法律职业Multistate Bar Exam：律师资格考试Substantial fraction：大多数Lawyer：律师Attorney：律师Attorney-at-law：律师Counsellor：律师Counsellor-at-law：律师Retain：雇用Practice law：从事律师业务Harlan Fiske Stone：哈兰·菲斯克·斯通，1941年担任最高法院首席大法官Chief Justice：首席大法官Barristers and solicitors：诉讼律师和非诉律师。
法律英语复习重点
WhyWhatToolsHowAdditional advice & course descriptionArrangement of the textbookHomeWhat to learn?To learn and refine your own English（扎实的基本功，法律语言句式复杂，长句多）Acquire the language of lawAcquire knowledge of the basic legal conceptsSome features of legal languagecommon words with special meaningOld and Middle English wordsLatin words and phrasesFrench wordsUse of argotLong sentenceWORDS LEGAL MEANINGaction 诉讼Consideration补偿/对价/约因Counterpart副本executed签名使契据生效Hand签字Instrument文件eg. Legal instrument: legal document(1) common words with special meaningWORDS LEGAL MEANINGLetters 许可证Party 诉讼方、合同缔结方、当事人Prayer诉讼请求Presents本文件this legal documentSaid上述的mentioned beforeEg. the said witness 该证人Serve送达Specialty盖印合同sealed contractProvide for 规定Remedy补救办法(2) Old and Middle English wordsIf any of the terms or provisions of this Contract shall be declared illegal or unenforceable by any court of competent jurisdiction, then the parties hereto agree to do all things and cooperate in allways open to them to obtain substantially the same result or as much thereof as may be possible, including the amendment or alteration of these presents若主管法庭宣布本合同任何条款或规定非法或无效，双方同意将尽最大努力采取一切可行措施，包括修改或更换合同，以取得大体相同或尽可能多的效益here words: hereafter（此后、将来）, hereby（籍此）, herein（此中、此处）, hereinafter（在下文）, hereof, heretothere words: thereby, thereof（因此）, therein（在那里）, thereon, thereto, theretofore, thereupon, therewithaforesaid如前所述said (used as an adjective)Such上述的forthwith立刻thence从那时起, thenceforth从那时起/其后Where words: whereby（由是、因此）, whereof（关于它）witness (used in the sense of testimony by signature, oath, etc. as “In witness whereof, I have set my hand, ...”签字盖章,特此为证witnesseth鉴于(meaning to provide formal evidence of something, the Old English present indicative, third person singular verb form.)(3) Latin words and phrasesalias别名, 化名Alibi不在犯罪现场的证明/不在犯罪现场一种辩护形式bona fide善意/真诚的versus(4) French wordsAction 诉讼Agreement 协议Appeal 上诉arrestarson 纵火assault 袭击attorneys 律师battery 殴打罪bill 法案、议案claim 索取Condition 条款contractevidence 契约法、合同法execution 执行guarantee担保物/抵押品infant未成年人judgesjudgment 审判jurors 陪审员justice(5) Use of argotThe language of the law, sometimes even a particular word, has a dual aspect. Lawyers use language that is intended to speak to lawyers and laymen, as in contracts, jury instructions, notices, and even laws. Lawyers also use language that is intended to speak primarily to each other, as in pleadings, opinions, argument and in the day-to-day negotiation and discussion that is the lawyer's life. In this aspect, a portion of the language of the law is ARGOT, a 'professional language'.E.g.:alleged有嫌疑的casecause of action 原告的起诉原由damages 损害赔偿due care 应有注意inferior court 下级法院issue of fact关于事实的争论点issue of law关于引用法律的争论点pursuant to stipulationreversed and remanded发回重审superior court 高级法院Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.任何人与其它公共机构进行任何事务往来时,无合法权限或合理理由而向受雇于该公共机构的公职人员提供任何利益﹐即属犯罪。
法律英语考前总结
法律英语考前总结第一篇：法律英语考前总结法律职业legal profession;律师协会Bar Association 律师执业practice law;专职法律顾问House counsel;两级审判体制two-tiered system；司法管辖区judicial district;私人执业律师private practitioner;刑事责任criminal liability;正当杀人justifiable homicide;激情杀人killing sb.“in the heat of passion”;非故意杀人unintentional killing;过失杀人罪negligent homicide.法律效力legal effect;事实、书面协议agreement-in-fact(as written)法官的自由裁决权judicial discretion;补偿和损害赔偿金compensation and damages;无形损害intangible damage;共同过失contributory negligence;严格（无过错）责任strict(No-Fault)liability.重罪谋杀felony murder, robbery1、产品责任（product liability）：liability in TORT or DELICT in respect of produce.Essentially an application of the law of tort although the term can be used to cover liability under sale and supply of goods.过失侵权责任Tort liability for negligence presupposes causalitybetween the negligent act and injury to person or property.A person is negligent if he has not complied with his “duty of care” and, seen objectiv ely, has not acted as “ a reasonable and prudent man.”2、无过错责任严格责任：（no-fault liability）=strict liability.(in tort)Liability for a wrong that is imposed withoutthe claimant having to prove that the defendant was at fault.Strict liability is exceptional in the law of tort, but is imposed for torts involving dangerous animals and dangerous things conversion, defamation, products liability, and some cases of breach of statutory duty.It is no defence in these torts that the defendant took reasonable care to prevent damage, but variousother defences are admitted.杀人：Homicide,is the killing of one human being by another human being.谋杀：murder:According to the common law, murder was the killing of a human being with “malice”,malice may be express or implied.3、一级谋杀：First degree murder is any murder that is willful andpremeditated.Felony murder is typically first degree murder.非预谋杀人：Manslaughter, was defined a common law as an unlawful killing of another without malice.It could be ethier voluntary or involuntary.==voluntary Manslaughter, an intentional killing upon “great provocation” and ”in the heat of passion” constitutes the crime ofvoluntary Manslaughter.Involuntary manslaughter, may be described generally as an unintentional killing resulting from gross negligence, or as a result of dangerous unlawful conduct.4、司法系统：judicial system:the system of law courts that administer justice and constitute the judicial branch of government.There are fifty-two separate courts systems in the United States.Each state, as well as the District of Columbia, has its own fully developed, independent system of courts and there is a separate federal courts system.The presence of two parallel court systems, presenting important issues of federalism.The United States Supreme Court, composed of nine justices, sits as the final and controlling voice over all these systems.米兰达规则：The Miranda Rule：When a person is in custody, some version of the Miranda rights, the interrogator must advise the suspect that : When a person is in custody, some version of the Miranda rights, such as: a.he has aright to remain silent;b.anything he says may be used against him;c.he has a right to an lawyer;d.If he cannotafford a lawyer one will be provided free.It became known as the doctrine of Miranda warnings later.侵权行为： A tort is something that you do or fail to do which harms someone else and for which you can be sued for damages.tort, in common law jurisdictions, is a civil wrong.T ort law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm.侵权责任：(tortious liability): Liability that arises from the breach of a duty thatis fixed primarily by the law,is owed to persons generally, andwhenbreached, is redressable by an action for unliquidated damages.5、法律职业：legal profession ：the body of individuals qualified to practice law in a particular jurisdiction.American legal profession composed by lawyers, judges, prosecutors and law teachers.7.专职法律顾问house counsel,employed by private business concerns, such as industrial corporations, banks, usually as house or corporate counsel in the concern’s legal department.8.合同contract, as we will use that term, ordinarily connotes an agreementbetween two or more persons-not merely a shared belief, but a common understanding as to refer to adocument-the set of papers in which such an agreement is set forth.1、一级谋杀与二级谋杀的区别：A “willful, deliberate and premeditated” killing.such a poisoning or a killing during the commission fo a dangerous felony, may be labeled first degreemurder and punishable by death or long imprisonment.Other forms of murder may be of the second degree and punishable with a lesser penalty.According to the common law, however, there were no degrees of murder.Any unlawful killing was either murder or manslaughter.汉译英：1、是否废除死刑是法学界长期争议的问题。
法律英语期末考试部分总结（仅供参考）
法律英语期末考试部分总结一、词汇（一）诉讼词汇1.Damages--损害赔偿2.Joint and several liability—负有连带责任的3.Retainer—律师雇佣协4.Appearance（enter an appearance）--呈交应诉书，出庭5.Attorney of record—记录在案的律师6.Wrongdoer—侵权人，违法犯罪者7.Forum—法院8.Estate—不动产，地产，财产9.Diversity of citizenship—居民多样化身份10.Venue—具体审判地plaint—起诉状12.pleading—诉讼文书13.Plaintiff –原告14.Cause of action—诉由15.Ad damnum—索赔条款16.Jury trial—陪审团陪审17.Service of process--送达18.Summons—传票，传唤19.Process server—送达人20.Affidavit—宣誓书20.Statute of limitations—诉讼时效21.In personam jurisdiction—属人管辖权22.Procedural law—程序法，诉讼法23.Answer—答复书24.Default judgment—缺席判决25.Defense—辩护26.Affirmative defense—积极抗辩27.Counterclaim—反诉28.Tangible evidence—实物证据29.Introduce—采用，提出，30.Set for trial—安排审判31.Bailiff—法警32.Voir dire—预备询问，预先审查33.Challenge for case—有因回避请求34.Rule on witness—证人规则35.Burden of proof—举证责任36.Overrule—驳回37.Objection—反对,异议38.Recess—休庭，休息39.Move……into evidence—请---（法庭）采纳证据40.Rest one’s case—举证完毕41.Adjourn—休庭42.Directed verdict—直接裁决43.Take……under advisement—搁置44.Standard of proof—举证规则45.Closing argument—终结辩论46.Judgment—判决47.Appeal—上诉48.Stay—中止执行49.Notice of appeal—上诉通知书50.Bond—债51.Res judicata—一事不再理原则52.Appellant—上诉人53.Appellee—被上诉人54.Brief—上诉状55. Opinion—意见书56.Affirm—维持57.En banc—全席听审58.Prosecution--，(刑事)检控59.Indictment—公诉书60.Arraignment—提审，控告（二）笔记中词汇1.false imprisonment—非法拘禁2.null and void—无效的3.lodging suit –提起诉讼4.The Intermediate People’s Court—中级人民法院5.unjustly enriched—不当得利6.Pecuniary loss—经济损失7.cause of action—诉由8.Patent infringement action—专利侵权诉讼9.subpoena—传票10.Good Faith Clause—诚实信用条款11.principal offender—首要罪犯12.accomplice under duress—胁从犯13.quid pro quo—对价交换14.valid consent—有效允诺15.justice delayed is justice denied---迟到正义不是正义16.party in breach—违约方17incidental damages—附带损失18.loss of profit—利润损失二、句子改错（一）使用实意动词，减少be动词的使用。
法律英语基础
Part 1 Insurance1. He is a holder of an insurance policy.他是保险单持有人。
2. How long is the period form the commencement to termination of insurance.保险责任起至期限多长？3. Insurance company insured ships and their cargoes against loss and sea.保险公司为船舶和船货承保了海损险。
4. Mr. Rodman is the most heavily insured man in the world, carry $4,000,000 insurance on his life.罗德曼先生是世界上投保最多的人，为自己投了4,000,000美元的人寿险。
5. One kind of insurance policy is the one that covers a named person.有一种保险单是记名保险单6. Parties to an insurance contract are required to exercise the utmost good faith and disclose all relevant matters to each other.保险合同双方当事人都应该尽到最大的善意，并且想到披露所有的相关事实。
7. The coverage is written in the basic form and clauses.保险范围写在基本保险单和各种险别条款里。
8. What cover will you take out?你们准备投保那些险别？9. What do your insurance clauses cover?你们的保险单规定了那些险种？10. Who will play the premium for WPA?水渍险费用由谁负担？Part 2 Real Property1. A man may claim that he owns land by inheritance or purchase from some other person.一个人可能会声称他是通过继承或从他人处购买而拥有土地。
法律英语考试词汇：Guarantee 保证
法律英语考试词汇：Guarantee 保证Garnishee 第三债务。
是法定债务人的债权，例如在银行中的存款，出租楼宇所得的租金等。
如果败诉的一方，并没有依照法庭判令对另一方作出赔偿，胜诉一方便可以向败诉方的第三债务发出扣记令，要求从该第三债Guarantee 保证。
保证人2011年法律英语考试辅导Garnishee 第三债务。
是法定债务人的债权，例如在银行中的存款，出租楼宇所得的租金等。
如果败诉的一方，并没有依照法庭判令对另一方作出赔偿，胜诉一方便可以向败诉方的第三债务发出扣记令，要求从该第三债务中取得获判的赔偿。
Guarantee 保证。
保证人（Guarantor）承诺当某人不作出某指定的行为时，例如不依期还款，便负责赔偿受保证人的损失。
保证一般都会以书面并以契约形式订立，称为Deed of Guarantee.Hearing 聆讯。
案件在公开审讯前，法庭进行的各项中途聆听与讼各方的申请或陈述，聆讯一般都在内庭形式进行，与案无关人士不得列席。
Hearsay evidence 传闻证据。
不是证人从亲身经历而得的证据，只是听取其它人的转述，或者呈交由他人制定的文件，例如收费单据等。
Implied term 默示条款。
在合约中并没有明文订立的条款，但因为事实的需要，法例的规定或者有关行业的惯例，在合约中加诸的条款。
例如在雇佣合约中，虽然没有订明雇员必须尽忠职守，勤力工作，但其实这些条件，经已默示在合约当中，被视为有效的条款。
Infringement 侵犯权利一般指侵犯了他人的民事权利，多用于知识产权的侵占行为。
例：Using a registered trade mark ithout its oner’s permission is a seriou s infringement of the oner’s proprietary right. 盗用他人注册商标是一项严重的侵犯权利行为。
Injunction 禁制令。
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法律英语考试相关要点一、三条法谚。
1、Power tends to corrupt, and absolute power corrupts absolutely.权利导致腐败，绝对的权利绝对的权力导致绝对的腐败。
2、Just as fiduciary law is the constitution of private power, the constitution is the fiduciary law of public power.正如诚信法是私权力的宪法一样，宪法是公权力的诚信法。
3、Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.阳光据说是是最好的杀毒剂，路灯光是最有效的警察。
阳光据说是消毒剂中最好的；路灯据说是最有效率的警察。
二、Disclosure philosophy.Just as Judge Louis D. Brandeis said,Sunlight is said to be the best of disinfectants; electric light the most efficient policeman. Disclosure means a remedy for social and industrial diseases generally and for excessive underwriters' charges specifically.三、公司治理双重权利模式。
双重权利模式，是指公司治理结构中权力由私权力和公权力两部分组成，私权力必须借助公权力予以制约和监督。
【Abstract】Power allocation is one of the two cores of corporate governance,and scholars have put forth various models of power allocation. Compared with the existing models of power allocation,this paper puts forth a new model of power allocation—dual power model,which is normative,positive,descriptive and predicative. No matter what model of power allocation is adopted,the power of directors and management tends to expand,which has also become a long- lasting logic. The Alibaba Partnership has dedicatedly integrated partnership mechanism and corporate mechanism,and the institutional revolution of corporate governance thus realized also demonstrates the expanding attribute and trend of private power of corporations,and thus the regulation of dual power in corporate governance is necessary.（注：根据张老师在课堂上的讲解，此题的答案需要对他论文摘要的再简写，中文部分是我摘抄老师论文中的原文，详见《公司治理中的权利配置模式再认识》，法学论坛）四、简述善意原则与诚信原则。
（可以用中文）Under Delaware corporate law, a director of a Delaware corporation has a fiduciary duty to thecorporation and its shareholders. This duty has twocomponents: the duty of care and the duty of loyalty. The duty of care requires that a director act in good faith, with the care that an ordinarily prudentperson would exercise under similar circumstances. Under this duty, a director must inform himself of, and disclose to shareholders, all materialinformation reasonably available regarding a significant transaction. The duty of loyalty requires that a director act in a manner he or she reasonablybelieves to be in the best interests of the corporation. He or she must not use his or her corporate position for personal gain or advantage. This dutyprohibits self-dealing by a director and mandates that the best interests of the corporation and its shareholders take precedence over any interestpossessed by a director, officer or controlling shareholder and not shared by the shareholders generally. In general, actions of a director are presumedto have beenmade on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the corporation.However, this presumption may be rebutted by evidence of a breach of one of the fiduciary duties. Should such evidence be presented concerning atransaction by a director, a director must prove the procedural fairness of the transaction, and that the transaction was of fair value to the corporation.As a matter of Cayman law, a director of a Cayman Islands company is in the position of a fiduciary with respect to the company and thereforehe owes the following duties to the company — a duty to act bona fide in the best interests of the company, a duty not to make a profit based on hisor her position as director (unless the company permits him to do so), a duty not to put himself in a position where the interests of the companyconflict with his or her personal interest or his or her duty to a third party, and a duty to exercise powers for the purpose for which such powers wereintended. A director of a Cayman Islands company owes to the company a duty to act with skill and care. It was previously considered that a directorneed not exhibit in the performance of his or her duties a greater degree of skill than may reasonably be expected from a person of his or herknowledge and experience. However, English and Commonwealth courts have moved towards an objective standard with regard to the required skilland care and these authorities are likely to be followed in the Cayman Islands.（注意，本题的答案尚不确定，这段英文是老师上课讲过中文的，个人感觉答案可能出自这里。
）五、证券法的宗旨。
The commission should consider the action is necessary or appropriate in the public interest, in addition, the commission should also consider the protection of investors,promote efficiency, competition and capital formation. （根据老师课堂讲解，证券法的宗旨有五大宗旨）。