法律英语案例赏析ppt课件
合集下载
法律英语ppt
im
a claim by a defendant against a plaintiff in a lawsuit intending to off-set or reduce the amount of the plaintiff's original claim against the defendant Counterclaims did not exist at common law; they are an invention of modern civil procedure. Examples
Service of Process
Definition
the act of delivering legal documents (to a defendant) ★Typically, a summons must be served with a copy of the complaint upon the defendant. ★The plaintiff is responsible for having the summons and complaint served.
US Civil Procedure
The Pleading Stage
Complaint
General
A civil action is commenced by filing a complaint or petition with the court. ★The initial pleading in a civil lawsuit that seeks only money damages might be called (in most US courts) a complaint. ★The initial pleading in a lawsuit that seeks nonmonetary or equitable relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.
法律英语 PPT 教案课件Week 6 - Criminal Law I
transmute (v) – 使变形
The Lions and the Lambs
“It was a great advance when the strong consented to eat the weak by due process of law.”
consent (v) – 同意 due process of law (n) – 正当法律程序
法律英语 Wednesday, 4:15 – 5:50 p.m. Room 2-406
Welcome to ‘Legal English!’
法律英语 Friday, 8:00 – 9:35 a.m. Room 2-303
Civilization andmitive mind no argument is settled until one of the disputants is dead.”
What are the two basic types of crimes?
(p. 68) “犯罪可以分为重罪(felony)和轻罪 (misdemeanor)两大类。”
In American criminal law, who decides what punishment will be imposed?
(p. 68) “刑罚一般都有法官确定。”
What are the two elements of a crime as defined in the California Penal Code? (p. 77, middle)
“an act committed or omitted in violation of a law forbidding or commanding it”; and “punishment”
法律英语(刑法)ppt
LOGO
Euthanasia
――曹美英 李珊珊 孔阳 刘荟 刘婷 吴永ontent
Ⅰ. What is Euthanasia Ⅱ. The Situation Ⅲ. Euthanasia and Criminal Law
Ⅳ. The Types of Euthanasia Ⅴ. Issues of Euthanasia
LOGO
Ⅱ. The Situation
LOGO
Netherlands
The Netherlands is the first country in the world where euthanasia is legal. Some twenty years ago, people in the Netherlands, well-intentioned physicians among them, began a process that has made physician-assisted suicide and euthanasia common practice there today. In the Netherlands, in April 2001, a law was passed that allows physicians to perform euthanasia but only when the patient has expressed explicitly the desire to die in order to prevent or end unacceptable suffer. Additionally, the physician must also agree with the patient that he suffers unacceptably and can only co-operate when he or she has consulted two colleagues who agree that euthanasia is acceptable in the given case and under the given circumstances. Given all these conditions, the physician needs the substances with which he can help the patient.
Euthanasia
――曹美英 李珊珊 孔阳 刘荟 刘婷 吴永ontent
Ⅰ. What is Euthanasia Ⅱ. The Situation Ⅲ. Euthanasia and Criminal Law
Ⅳ. The Types of Euthanasia Ⅴ. Issues of Euthanasia
LOGO
Ⅱ. The Situation
LOGO
Netherlands
The Netherlands is the first country in the world where euthanasia is legal. Some twenty years ago, people in the Netherlands, well-intentioned physicians among them, began a process that has made physician-assisted suicide and euthanasia common practice there today. In the Netherlands, in April 2001, a law was passed that allows physicians to perform euthanasia but only when the patient has expressed explicitly the desire to die in order to prevent or end unacceptable suffer. Additionally, the physician must also agree with the patient that he suffers unacceptably and can only co-operate when he or she has consulted two colleagues who agree that euthanasia is acceptable in the given case and under the given circumstances. Given all these conditions, the physician needs the substances with which he can help the patient.
法律英语课件PPT课件
• 如果一个人已经执业5年以上，那 么当他移居到另外一个州的时候， 通常不用再参加该州的律师资格考 试就可以获准执业。
• but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance with minor formalities.
三年大学 法学学位 书面考试
法律英语
9
• Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
• 律师 • 法官 • 检察官 • 法学教师
法律职业
变换频繁 Harlan Fiske Stone
法律英语
3
法律英语
4
Part 1 The Bar
• Bar——法庭中将公众与法官、律师 及其他诉讼参与人分隔开的隔板。
• 后来用于通指法律职业或律师职业。
美国律师协会
（ABA）
法律英语
5
法律英语
6
• 律师通常在一个地区执业
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
法律英语
15
• It is customary to retain local counsel for matters in other jurisdictions.
• but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance with minor formalities.
三年大学 法学学位 书面考试
法律英语
9
• Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
• 律师 • 法官 • 检察官 • 法学教师
法律职业
变换频繁 Harlan Fiske Stone
法律英语
3
法律英语
4
Part 1 The Bar
• Bar——法庭中将公众与法官、律师 及其他诉讼参与人分隔开的隔板。
• 后来用于通指法律职业或律师职业。
美国律师协会
（ABA）
法律英语
5
法律英语
6
• 律师通常在一个地区执业
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
法律英语
15
• It is customary to retain local counsel for matters in other jurisdictions.
法律英语课堂PPT汇报(法律) -正本
may have caused the victim’s damage.
2014-8-8
法律英语
9
Causation
(2) If, in case of multiple victims, it remains uncertain whether a particular victim’s damage has been caused by an activity, while it is likely that it did not cause the damage of all victims, the activity is regarded as a cause of the damage suffered by all victims in proportion to the likelihood that it may have caused the damage of a particular victim.
damage from that time on.
Uncertain partial causation （不明确的部分原因 ）
In the case of multiple activities, when it is certain that none of them has caused the entire damage or any determinable part thereof, those that are likely to have minimally contributed to the damage are presumed to have caused equal shares thereof.
2014-8-8
法律英语
2014-8-8
法律英语
9
Causation
(2) If, in case of multiple victims, it remains uncertain whether a particular victim’s damage has been caused by an activity, while it is likely that it did not cause the damage of all victims, the activity is regarded as a cause of the damage suffered by all victims in proportion to the likelihood that it may have caused the damage of a particular victim.
damage from that time on.
Uncertain partial causation （不明确的部分原因 ）
In the case of multiple activities, when it is certain that none of them has caused the entire damage or any determinable part thereof, those that are likely to have minimally contributed to the damage are presumed to have caused equal shares thereof.
2014-8-8
法律英语
沙丽金版法律英语PPT课件
.
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
.
7
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
.
6
General
Subcategories
.
3
Intentional Torts
法律英语课件2 PPT
• 律师通常在一个地区执业
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
• It is customary to retain local counsel for matters in other jurisdictions.
• 为处理在别的管辖区内的法律问题而聘请当 地律师是很平常的事。
before or after admission. • 在进入律师行业之前或之后不需要有学徒经
历。
• The rules for admission to practice before the federal courts vary with the courts,
• 在联邦法院执业的要求各州不同。
法律英语课件2
If there were no bad people, there would be no good lawyers. Charles Dickens, British novelist
倘若世上没有坏人，也就不会有好的 律师。 英国小说家 狄更斯 C
Background
• 律师 • 法官 • 检察官 • 法学教师
• 有些州曾把“本州居民”规定为申请律师资 格的前提条件。但联邦最高法院在1985年裁 定这种规定为非法。此外，在美国担任律师 的人并不必须是美国公民。
• One who moves to another state can usually be admitted without examination if one has practiced in a state where one has been admitted for some time, often five years.
各州律师联考 州综合问答题
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
• It is customary to retain local counsel for matters in other jurisdictions.
• 为处理在别的管辖区内的法律问题而聘请当 地律师是很平常的事。
before or after admission. • 在进入律师行业之前或之后不需要有学徒经
历。
• The rules for admission to practice before the federal courts vary with the courts,
• 在联邦法院执业的要求各州不同。
法律英语课件2
If there were no bad people, there would be no good lawyers. Charles Dickens, British novelist
倘若世上没有坏人，也就不会有好的 律师。 英国小说家 狄更斯 C
Background
• 律师 • 法官 • 检察官 • 法学教师
• 有些州曾把“本州居民”规定为申请律师资 格的前提条件。但联邦最高法院在1985年裁 定这种规定为非法。此外，在美国担任律师 的人并不必须是美国公民。
• One who moves to another state can usually be admitted without examination if one has practiced in a state where one has been admitted for some time, often five years.
各州律师联考 州综合问答题
有趣的国外法律小故事(英文)ppt课件
.
This is a case of theft. The defense lawyers said: "the defendant just put the right hand in the window to steal something. His right hand is not equal to his whole person, how can we punish the whole people because of a right hand was committed the crime
lawyer quickly help the defendant to unloaded the Wooden
The prosthetic hand was put in on the second right arm and take over to the
judge, then took the defendant with only a hand and March off.
The FBI received the report of Airlines, immediately take action: they prepare the ransom, and took all the bills copy down, so that they master these 200000 ransom money number in each. Once the criminals to spend the money, the Federal Bureau of investigation immediately catch them.
Respect life, is a universal principle.
This is a case of theft. The defense lawyers said: "the defendant just put the right hand in the window to steal something. His right hand is not equal to his whole person, how can we punish the whole people because of a right hand was committed the crime
lawyer quickly help the defendant to unloaded the Wooden
The prosthetic hand was put in on the second right arm and take over to the
judge, then took the defendant with only a hand and March off.
The FBI received the report of Airlines, immediately take action: they prepare the ransom, and took all the bills copy down, so that they master these 200000 ransom money number in each. Once the criminals to spend the money, the Federal Bureau of investigation immediately catch them.
Respect life, is a universal principle.
沙丽金版法律英语详解
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
CrimiLeabharlann al assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Criminal_law法律英语刑法PPT
Step 14 :Pretrial Motions
Step 15 :The Trial (the unique features)
Step 16 :Sentencing (three different types may be used)
Step 17 :Appeals
American criminal law classification
Step 10 :Preliminary Hearing
Step 11 :Grand Jury Review (the primary function)
Step 12 :The Filing of the Indictment or Information
Step 13 :Arraignment on the Information or Indictment
• Felony divided into 3：Level 1, level 2, Level3（重罪分为三级） • No more than one year's imprisonment penalty misdemeanor （轻罪刑罚不超过一年监禁） • A maximum sentence of micro sin 30 days in prison （微罪最高刑期为30天监禁） • Violations punish a crime only be fined （违警罪只能判处罚金）
Criminal law
The Fourth
Group
Criminal law
1.What are the crimes and criminal law? 2.Criminal Procedure(美国刑法的程序) 3. Criminal law classification(美国刑法的 分类) 4. Capital Punishment(死刑) 5.Criminal liability（刑事责任）
法律英语讲义-民法精品PPT课件
General
Property torts Definition
Property torts are a specific class of intentional torts which arise when the right invaded is a property right rather than a personal right.
the abuse of a right of entry, when a person who has the right to enter the land does something not covered by the permission
taking possession of someone else's property with the intent not to return it
Trespass to Land
Definition
the wrongful interference with one's possessory rights in (real) property
As distinguished from battery, assault need not to involve actual contact—it only needs intent and the resulting apprehension.
Assault
yelling the word snake to a person whom you know is in fear of snakes
benefits
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
法律英语-侵权法 (课堂PPT)
民事诉讼的原告通常会向陪审团提出索赔 主张，这主要是出于人道的考虑而不是法 律的考虑。
儿童受伤
14
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害 A plaintiff can play on the human reaction of
persons under the legal drinking age, or those who are obviously intoxicated.
People who serve alcoholic beverages may be liable under state laws for damages resulting from the consumption of those beverages.
21
“dram- shop acts” 小酒店法令
A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.
美国允许律师分享原告所获得的赔偿金 （胜诉酬金）
Amount to 25 to 33% of the verdict 酬金达到法院判付金额的25-33%。
16
A tort action 侵权诉讼
A lengthy proceeding
诉讼程序时间长
Large expenses — honoraria for experts
lovers, strangers.
儿童受伤
14
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害 A plaintiff can play on the human reaction of
persons under the legal drinking age, or those who are obviously intoxicated.
People who serve alcoholic beverages may be liable under state laws for damages resulting from the consumption of those beverages.
21
“dram- shop acts” 小酒店法令
A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.
美国允许律师分享原告所获得的赔偿金 （胜诉酬金）
Amount to 25 to 33% of the verdict 酬金达到法院判付金额的25-33%。
16
A tort action 侵权诉讼
A lengthy proceeding
诉讼程序时间长
Large expenses — honoraria for experts
lovers, strangers.
沙丽金版法律英语PPT课件
授课：XXX
5Leabharlann GeneralTransferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
授课：XXX
6
General
against societal benefits
授课：XXX
3
Intentional Torts
授课：XXX
4
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
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8
Substantive law and procedural law
procedural law
Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law.
7
Different Categories
substantive law and procedural law; civil law system and common law system; departments of law:Constitution/Administrative
law/Tort Law/Criminal Law/Civil Law/International Law/Contract Law/Company Law/Copyright Law/Environment Protection Law/Consumer Law/Property Law/Law of Marriage,etc.
2
Notice
No homework but do review the lecture. Attendence is very important.(Absence: 3
times).
3
Contacts
E-mail address:fiona-pisces@
4
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice
法律英语案例赏析
李想
1
Syllabus
1.Brief introduction of law 2.Cases for Constitution/Criminal Law/Civil
Law/Contract Law/Company Law/Copyright Law/Environment Protection Law/Property Law/Law of Marriage/ 3.Four debate or discussion over moives.
5 impartiality.
Introduction to law
Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator in relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed (often considered civil se if filed under an issue of tort law vs. criminal). If the harm is criminalised in penal code, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign nation states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."
9
Difference
Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements.
Lady Justice is the symbol of the judiciary.Justice is depicted as a goddess equipped with three symbols of the rule of law: a sword symbolizing the court's coercive power; scales representing the weighing of competing claims; and a blindfold indicating
6
Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion still informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.
Substantive law and procedural law
procedural law
Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law.
7
Different Categories
substantive law and procedural law; civil law system and common law system; departments of law:Constitution/Administrative
law/Tort Law/Criminal Law/Civil Law/International Law/Contract Law/Company Law/Copyright Law/Environment Protection Law/Consumer Law/Property Law/Law of Marriage,etc.
2
Notice
No homework but do review the lecture. Attendence is very important.(Absence: 3
times).
3
Contacts
E-mail address:fiona-pisces@
4
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the god of justice
法律英语案例赏析
李想
1
Syllabus
1.Brief introduction of law 2.Cases for Constitution/Criminal Law/Civil
Law/Contract Law/Company Law/Copyright Law/Environment Protection Law/Property Law/Law of Marriage/ 3.Four debate or discussion over moives.
5 impartiality.
Introduction to law
Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator in relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed (often considered civil se if filed under an issue of tort law vs. criminal). If the harm is criminalised in penal code, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign nation states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."
9
Difference
Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements.
Lady Justice is the symbol of the judiciary.Justice is depicted as a goddess equipped with three symbols of the rule of law: a sword symbolizing the court's coercive power; scales representing the weighing of competing claims; and a blindfold indicating
6
Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion still informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.