法律英语ppt复习总结

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Criminal law法律英语刑法 PPT课件

- Extreme thoughtless of murder极端轻率谋杀罪
- Felony – murder重罪—谋杀罪
Manslaughter
- Voluntary manslaughter自愿性非恶意杀人，故意杀人（比如激情犯罪crime of passion）
- involuntary homicide过失杀人
Step 16 :Sentencing (three different types may be used)
Step 17 :Appeals
American criminal law classification
美国刑法种类
• 1.Criminal ACTS endangering degree（犯罪行为危害程度）： felony（重罪），misdemeanor(轻罪）
Step 1 :The Reported Crime (or “known offense”)
Step 2 :Prearrest Investigation (include three basic groups)
Step 3 :Arrest
Step 4 :Booking Step 5 : Post-Arrest Investigation (will vary with the fact situation)
My lecture topics ：
Death penalty sentencing plot
（死刑的量刑情节）
Basic situation
• American criminal law no specific reflect about the death penalty sentencing system, but the scope of the basic limit first-degree murder just executed, considering the consequences of a murder. Other must try to give every opportunity decreases victimised suspects miscalculation.

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.

法律知识点总结英语

法律知识点总结英语Laws and legal systems play a pivotal role in our society by ensuring order, protecting rights, and facilitating justice. With the increasing globalization and cross-cultural interactions, having a fundamental understanding of legal concepts and principles becomes increasingly important. In this article, we will delve into some key legal knowledge points in English, providing a brief overview of various legal topics.1. Contract Law:Contract law governs agreements between parties, outlining their respective rights and obligations. Four essential elements must be present for a contract to be valid: offer, acceptance, consideration, and intention to create legal relations. Breach of contract occurs when one party fails to fulfill their agreed-upon obligations, leading to potential legal remedies such as damages or specific performance.2. Tort Law:Tort law deals with civil wrongs that cause harm to individuals or their property. It includes negligence, intentional torts, and strict liability. Negligence occurs when someone breaches their duty of care, causing harm or injury to another party. Intentional torts refer to purposeful acts resulting in harm, such as assault or defamation. Strict liability holds individuals accountable for any harm caused by their actions, regardless of intent or negligence.3. Criminal Law:Criminal law focuses on offenses against society at large. It distinguishes between felonies (serious crimes) and misdemeanors (lesser offenses). Criminal cases are prosecuted by the government, and if found guilty, defendants may face penalties ranging from fines to imprisonment. Important principles include presumption of innocence, burden of proof, and the right to legal counsel.4. Intellectual Property Law:Intellectual property refers to intangible creations of the mind, such as inventions, literary works, or symbols. Intellectual property rights, including patents, copyrights, and trademarks, protect creators' exclusive rights over their creations. Patent law safeguards new inventions and technological advancements, while copyright law preserves original creative works. Trademark law prevents unauthorized use of symbols or names that identify specific products or services.5. Constitutional Law:Constitutional law establishes a nation's fundamental principles and outlines the powers and limitations of its government. It safeguards individual rights and governs the relationships between citizens and the state. Key elements include separation of powers, checks and balances, and the protection of fundamental rights such as freedom of speech, religion, and the right to a fair trial.6. Family Law:Family law covers legal matters related to marriage, divorce, child custody, adoption, and domestic relationships. It ensures the protection andwelfare of family members. Family courts handle cases such as divorce settlements, child support, and visitation rights.7. Employment Law:Employment law regulates the relationship between employers and employees, encompassing various aspects such as hiring, termination, and workplace safety. It addresses issues such as discrimination, harassment, minimum wage, and working hours. Employment contracts and collective bargaining agreements establish the rights and obligations of both parties.8. Environmental Law:Environmental law focuses on the protection of natural resources, ecosystems, and the environment as a whole. It covers areas such as pollution control, conservation, and sustainable development. Environmental regulations aim to prevent and mitigate harmful impacts on the environment.9. International Law:International law governs the relationships between nations and provides guidelines for diplomatic interactions. It covers areas such as treaties, trade agreements, human rights, and armed conflicts. International courts, such as the International Court of Justice, settle disputes between countries.In conclusion, understanding these essential legal knowledge points in English can significantly benefit individuals in today's interconnected world. By familiarizing ourselves with these concepts, we can navigate legal issues, protect our rights, and contribute to a fair and just society.。

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.

法律英语-课件内容重点摘录整理

法律英语L1 Introduction法律英语-期末评分细则Assessment Percentages:•10% Attendance & Participation•15% Law Forum•15% Writing: Weekly Case Reports•10% Monthly Quizzes•50% Final Exam法律英语学习内容A case report consists of:•Title of the case•Facts•Legal issue (more than one ; legal issues ≠disputes of parties)----Legal issue is the point or points of law addressed by the case.---- Through Comparing the claims of opposite parties and the key argument is usually the legal issue of the case,which is presented to judge to make decision.•Reasoning = relevant rules -- the application of those rules -- the conclusion the court reached•HoldingL2–Conflict of laws1．In the international business transaction, such as, in an international sales contract, the parties from different countries areinvolved, and the contracting place may be different from the place of performance. If there arises dispute, what matters must the parties concern with?----Which country’s law will apply to the contract?----Where will the case be heard?2．To know what law applies to a contract, court will resort to conflict of law rules.( conflict of law is the area of law of each legal system which regulates how to deal with cases involving a foreign factor.)But application of conflict of law rules may bring about uncertainty and lack of predictability over how the case will be resolved, thus increase the risk of an international sale.3．To avoid uncertainty and unpredictability of conflict of law, many international contracts designate the parties’ cho ice of law which is to apply in case of dispute. That is, according to the rule of autonomy of the (party’s) will, the parties agree upo n which law will govern a contract and make a choice of law clause in their contract.4．the CISGL3 - History and Development of the CISGHow to deal with contract disputes in international transactions?----Where should the case be heard?----Which law should be the applicable law of the case?1. Autonomy of parties’ willWhen contract parties specify the choice of law and choice of forum, courts in most countries will require the parties to honor their contractual commitment.2. Conflicts of law3. The CISG✷About the CISG (p110 chapter4)1. Which organization drafted the CISG, UNIDROIT or UNCITRAL?2. W hat’s the main difference between the CISG and the other codes made by the UN?3. How did the CISG become the U.S. law?.✷T or F statements1. T --Treaties prevail over state statutes in the U.S..2. T -- The CISG prevails over the UCC.CISG (federal law)UCC (state statutes)PART ISPHERE OF APPLICATION AND GENERAL PROVISIONS(适用范围和准则)Chapter ISPHERE OF APPLICATIONArticle 1(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:(a) when the States are Contracting States; or(b) when the rules of private international law lead to the application of the law of a Contracting State.(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.(3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken intoconsideration in determining the application of this Convention.✷There are three conditions if The CISG is applicable:a -the commercial sale of goods;b- between two parties whose places of business are in different countries c-the places of business are located in countries that have ratified the convention.（How to decide “place of business”?）Article 2This Convention does not apply to sales:(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use;(b) by auction;(c) on execution or otherwise by authority of law;(d) of stocks, shares, investment securities, negotiable instruments or money;(e) of ships, vessels, hovercraft or aircraft;(f) of electricity.✷What sales are excluded from the CISG? And why? L4 –ContractPart1. A General Introduction to Contract⏹definition of a contractA contract is an agreement between competent parties based on the genuine assent of the parties, which is supportedby consideration and made for a lawful objective and in the form required by law, if any.⏹The basic requirements of a valid contract1. Agreement/genuine assent (a meeting of minds)2. Valid consideration----mutual promise3. Formation (offer + acceptance = contract)4. Capacity of parties to make a contract5. The legality of purpose or object of contract6. The form of contract must conform to the legal requirementsA valid contract should include all these essential elements and meet all these requirements.⏹Classification of contractWritten or oral contractsBilateral or unilateral contractsExpress or implied contractsExecuted or executory contractsValid, void, voidable contracts(P98—P104 Fundamentals of Business Law)According to their enforceability and validity, contracts can be classified into the following ones:1 _ Valid contracts __ has the necessary contractual elements, which is enforceable and has legal binding force.2 _ void contracts __ is not a contract at all. It has no legal effect. No parties should be bound by it.3 _ voidable contracts __ is a valid contract except that one party is entitled to rescind it.⏹Typical contract provisionsDuties and obligationsRepresentations and warrantiesTermination clausesRemedy clausesArbitration clausesPart2. Validity and Formation of International Sales Contracts (I)I. What does the CISG governII. Enforcement of illegal contractIII. The writing requirementIV. Problems of interpretationThe substantive study of the CISG( uniform code for the international contract of sale of goods)the CISG—balance : common law & civil lawI. What does the CISG govern? What is the CISG not concerned with? (Art. 4 ,5 & 11)⏹Only govern(1) Formation(2) Rights and obligations of the buyer and seller(3)The form of contract⏹Not govern(1) Validity(2) The property of the goods sold(3) Liability for death or personal injury caused by goods(4) Legal capacity of parties…II. Enforcement of illegal contractsContracts with illegal purposes have no legal effects. Such contracts are void and unenforceable.( Tarbert Trading, LTD. v. Cometals, Inc)III. The writing requirement (the form of the contract)1.The UCC (the 2003 proposed amendaments)2.The CISG3.Foreign Economic Contract Law of China (1985)4. New contract law of China (1999)Iv. Problems of Interpretation⏹Some general guiding principles of interpretation of contract:1. Plain English principle (the literal rule)2. The principle of four corners3. Types of writing --Handwritten words>Typed words>Printed words4. Standard form contractSuch contract is construed against the party who drafts it, otherwise exclusion clauses are construed against the party inserted them into the contract.5. Contracts affecting public interestsSuch contracts shall be construed in favor of the public.6. When one interpreter renders the contract valid and the other renders it invalid, the court usually adopt the one whichrenders the contract valid.7. Parol evidence rule(1) A. Where the parties have entered into a written sales contract that is intended to the final expression of the parties’agreement, the written agreement may not be contradicted by any prior agreement or contemporaneous oral agreement.( Where the sum payable is expressed in words and also in figures, and there is a discrepancy between the two,the sum denoted by the words is the amount payable.)B. Function of parol evidence:A. To clarify an ambiguityB. To prove additional terms of the agreement(2) Whether the CISG adopts the parol evidence rule?----No. Under the CISG in deciding the intend of the parties, all related circumstances may be considered. (Art. 8CISG)Whether the CISG allows to use parol evidence?----Yes. Under the CISG courts have wide leeway in using parol evidence in deciding the intend of the parties toa contract.8. In common law countries the courts often look to the past dealings of the parties and to trade usages for guidance ininterpreting contracts or filling the gaps.The CISG closely resembles the way trade usages are handled under American law. (Art.9 CISG)课堂Case analysis: Snow v. WinnFacts: A landlord sued his tenant in order to terminate the tenant’s lease. The landlord claimed the tenant hadbreached the lease agreement by using the premises for a convenience grocery store in violation of the“purpose clause” of the agreement. This clause stated that the tenant would use the premises for a gasolineservice station, car wash, and “associated activities”. The landlord alleged he had an oral understanding withthe tenant that the premises would not be used as a convenience store.Legal issue:Whether this oral testimony is admissible under the parol evidence?Reasoning:(1)The parol evidence rule states that…..(2) A.In this case, the parol evidence rule prohibits oral testimony about an integrated, written instrument.B. Furthermore, even if the phrase “associated activities” may be viewed as an ambiguity. Here the oraltestimony would be admissible to explain the meaning of such words.C. There was sufficient support for the court’s conclusion that retail gasoline operations are commonlyassociated with convenience store facilities and that parties intended to have good items sold on the premises.Decision: The court held this testimony was inadmissible.L5-8 Formation of ContractOffer + Acceptance = ContractPart1. OfferI.DefinitionsII. Basic elementsIII. Some problems about offerI.DefinitionsThe Common Law definition：An offer is a promise or commitment to perform or refrain from（制止）performing some specified act in the future.An offer must involve a definite promise by the offeror that he will bind himself if the exact terms specified by him are accepted.An offer may be made either to a particular person or to the public at large.The Chinese Law definition：An offer is a proposal with a view to entering into a contract with other parties. The proposal shall comply with the following stipulations:(1) Its contents shall be detailed and definite;(2) It indicates the intention of the offeror to be bound in case of acceptanceII. Basic elements = What are the basic elements to make an effective offer? P1161. Indicates or describes the goods;2. Expressly or implicitly specifies the quantity;3. Expressly or implicitly specifies the price for the goods.III. Some problems p1171. Public offerCan an offer addressed to the public (ads)?Different countries treat “public offer” differently:Germany— advertisements addressed to the public in general are mere invitations to deal.要约邀请the United States & China— do recognize specific advertisement that describe the goods、quantity、price my beconsidered an offerCISG— an advertisement or circular is not an offer unless the contrary is clearly indicated by the person making the proposal.2. Open price termIf the proposal is not definite enough, such as, no definite price terms, can it be taken as an offer? Yes, it can.(How to deal with “open price terms” in different legal systems?)CISG—look to the trade or to the market price of comparable goods to make its own determination of price, and all its other provisions will remain in effect. Art.553. Firm offersHow does the UCC define firm offer?–not be revoked if it is made in a signed writing or record that gives assurance that it will remain open for astated period of time , not to exceed three months.How does the CISG define firm offer-- firm offer are valid even if they are not in writing. Moreover, an offer may not be revoked if the offeree reasonably relies on the offer as being irrevocable and the offeree has acted in reliance on the offer.4. To withdraw an offer(1)How to withdraw the offer legally?(2)Whether an irrevocable offer can be withdrawn? Yes. Though irrevocable, may be withdrawn if the withdrawalreaches the offeree before or at the same time as the offer. ( Art.15)5. To revoke an offer(1) Suppose an offer has reached the offeree, but the offeror still wants to cancel it. How should he do?The revocation reaches the offeree before he has dispatched an acceptance. (Art.16)(2) Under what circumstances can an offer not be revoked?a. if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; orb. if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted inreliance on the offer.6. To terminate an offerAn offer, even if it is irrevocable, is terminated when a rejection reaches the offeror. -- Article 17True or False statements1．An offer becomes effective when the offeror dispatches it towards offeree.F- an offer become effective when reaches the offeree2．Before the offer reaches the offeree, it can be revoked by the offeror at will.F- two kind of exceptions –(Art.16)a b.3．An irrevocable offer cannot be withdrawn.F - Though irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the sametime as the offer. (Art.15)4. Even if an offer is irrevocable, it may be withdrawn.. T5. After an of fer reaches the offeree, it’s unlikely to make it invalid. FPart2. Acceptance⏹DefinitionAcceptance is a voluntary act (either words or conduct) by the offeree that shows assent (agreement) to the terms of an offer. The acceptance must be unequivocal(不含糊) and must be communicated to the offeror.⏹How to make a valid acceptance?Article 18(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itselfamount to acceptance.(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if theindication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must beaccepted immediately unless the circumstances indicate otherwise.(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offereemay indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in thepreceding paragraph.True or FalseA makes an offer to B.1. B is not interest ed, but B’s friend, C, accepts the offer. Then a contract is concluded.F --Who can accept? ----I. the person to whom the offer is made. II. His agents2. Offeree says, “I accept the offer, but I wish I could have gotten a better price.” So there is an effective acceptance. F–虚拟语气表过去希望，但已不可能实现3. The offeree says, “I accept the offer, but only if I can pay on ninety days’ credit. Then this is a valid acceptance.F – It is a counter offer4. The offeree replies, “I accept; please send written contract.” This should be take n as an acceptance. ?5. The offeree replies, “I accept if you send a written contract.” This should be taken as an acceptance.？6．It is reasonable for the offeror to state, “By your silence and inaction you will be deemed to have accepted this offer.”-- Silence can never be an acceptance.(Silence can be an acceptance(1)when the parties have made such agreements(2)or (2) when the offeree has had prior dealings with the offeror.)CISG⏹D efinitionArticle 18．A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance.⏹T hree basic elements to make a valid acceptance(1) Offeree (2) through a statement or other conduct (3) indication of assent to the offer⏹When the acceptance becomes effective?1. Under the common law, the acceptance becomes effective as soon as it is dispatched by the offeree, and then acontract is formed. ----the mailbox rule2. Under the civil law, the acceptance becomes effective when it reaches the offeror, and then a contract is concluded.----the rule of receipt of the letter of acceptance3. As to this point, CISG follows an approach somewhat different from the common law but similar to the civil law.----Article 18⏹CISG tries to compromise on two legal systemsCISG mainly adopts the approach of civil law, but it does absorb some elements of mailbox rule. – Art.16 / 18Art.18 An acceptance is effective when it reaches the offeror . ----receipt of acceptanceOne point which should be stressed is that offeree’s dispatch of an acceptance cuts off the offeror’s right to revoke the offer ----dispatch of acceptance⏹Whether a late acceptance is effective?1. There are two kinds of late acceptance.(1)The offeree makes an acceptance beyond the time limit for acceptance.That is, it is late when the offeree dispatches the acceptance.It is impossible for such acceptance to become effective except that without delay the offeror informs itseffectiveness.(2) The offeree dispatches the acceptance within the time limit for acceptance but the acceptance reaches theofferor beyond the time limit.That is, it is not late when the offeree dispatches the acceptance, and if its transmission had been normal, itwould have reached the offeror in due time.2. Such late acceptance is generally effective as an acceptance unless without delay the offeror informs the offereethat he considers his offer as having lapsed. ---- Art.21⏹Whether an acceptance can be withdrawn or revoked?CISG tries to achieve a balance in protecting the interests of two contracting parties.On one hand, CISG protects the interests of the offeror, who is entitled to withdraw or revoke the offer;On the other hand, CISG protects the interests of the offeree, who is also entitled to withdraw the acceptance.An offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.The offeree’s dispatch of acceptances cuts off the offeror’s right to revoke the offer.⏹Whether a reply to an offer containing additional or different terms constitutes an acceptance?Material alteration: price, payment, quality and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or the settlement of disputesCase analysis:A computer printer distributor in Argentina receives an offer by mail from Epson, a U.S. company, in reply toan inquiry. The offer arrives in Argentina on June 2. On June 12, the Argentinean company sends its acceptance by mail. On June 8, Epson sends a revocation of its offer that was received on June 13 in Argentina. The acceptance from Argentina arrives in the United States on June 17. Did a valid contract arise? When was the offer valid? When was the acceptance valid? When was the revocation valid? Decide the case under the common law and under the CISG.⏹Legal principles:1．An offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.2．The offeree’s dispatch of acceptance cuts off the offeror’s right to revoke the offer.1. Mirror Image RuleThe rule requires that an offeree respond to an offer with an acceptance that is definite and unconditional, and that matches the terms of the offer exactly and unequivocally不含糊的.Most common-law and civil-law countries follow the mirror image rule. Under these laws, it is unlikely for an acceptance containing different or additional terms to become effective. Such acceptance is usually considered a counteroffer and thusa rejection of the original offer.2. The Battle of the FormsAs the mirror image rule requires that an acceptance be unconditional, both parties, buyer and seller, have to negotiate back and forth through standard business forms. The mirror image rule is the source of the battle of the forms.offer counteroffer counteroffer …The “last shot” principle:The form sent last in time will prevail others as the contract.3. Modification to Mirror Image RuleA. Modification under UCCB. Modification under the CISG----Art. 19C. Modification under China’s contract law---- Art.30, 31A -- Modification under UCCA. In the United States the mirror image rule has been changed by statute (the UCC) to deal with modern businesspractices.-- UCC 2-207(1) A written confirmation with additional or different terms operates as an acceptance unless…(It breaks the mirror image rule.)(2) Between merchants, an acceptance by a confirmation that contains new terms will produce a contract and newterms become a part of contract unless:The buyer (the offeror) expressly limits…The new terms materially alter…The buyer notifies the seller of an objection to the new termsB. How to deal with the additional or different terms(1)To become a part of the contractThe contract is concluded between merchants, containing those additional or different terms which only reflects minor differences (related to usual and customary usage in trade).(2) Not to become a part of the contractThe contract would arise without the new terms if the new terms reflect major differences( material alteration---- that is not commonly accepted in the trade and that would result in surprise hardship).B -- Modification under the CISG----Art. 191. The CISG compromises between the mirror image rule set out by the common and civil law and the UCC. Under theCISG:(1) the acceptance containing the new terms that do not materially alter the terms of the offer becomes a part of thecontract.---- close to the UCC(2) The purported acceptance containing the new terms that do materially alter the terms of the offer wouldconstitute a rejection of the offer and a counteroffer.---- close to the mirror image rule2. Unlike the UCC, the CISG goes further to define “material alteration” :T h e k e y e l e m e n t s t h a t w i l l m a t e r i a l l y a l t e r a c o n t r a c t: price, payment, quality and quantity of the goods, placeand time of delivery, extent of one party’s liability to the other or the settlement of disputesC -- China’s contract law---- Art.30, 31第三十条承诺的内容应当与要约的内容一致。

法律英语ppt

现代英语的演进
1066年，Norman（诺曼底人）从法国北部入侵，征服了英格兰。（Justice, sovereign, court, parliament） parliament 后来，英国人主动从法语中扩充电磁， chauffer，bourgeois，bourgeoisie （小资）
法律英语的渊源
一、法律英语写作的语法与标点符号
3.3 “不写以BECAUSE, AND, BUT 打头的句子。” 3.4 “少用一句话段落。” 3.5 “使用 I, ME, YOU” 代词时要谨慎考虑表达的语气。”
一、法律英语写作的语法与标点符号
4. 疑难单词
二、法律英语写作文体
1.清晰 2. 一致 3. 法律效力
Covering Letters :
Briefly introduce yourself; what job you are applying for; where you saw the advert, etc. Give reasons why you are applying for this job in this organisation. Demonstrate your enthusiasm and understanding of the job/employer Explain why you are a good candidate; highlight important points from your CV; add any relevant information or explanations not in the CV.
General Advice :
Expect to spend several hours on an application It takes on average 2 minutes to read! Know yourself Know the employer – target CV to the j律英语写作的语法与标点符号

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

法律英语Unit.ppt

破坏社会主义市场经济秩序罪
Crimes of Infringing Upon the Rights of the Person and the Democratic
Rights of Citizens侵犯公民人身权利、民主权利罪 The Crime of Encroaching on Property侵犯财产罪
Roles of Law
Guiding Judging Predicting Warning
Criminal Law
Three main points
Crime-------felony, misdemeanor Punishment------guidelines for sentencing Criminal liability(age 14)
What is law?
The characteristics:
1. Law is a social norm(准则) regulating social relations or human behaviors.
2. Law is a social norm reflecting the will of a state.
Legal English
Joyce
Characteristics of Legal English
1.Lengthy and complex sentences 2.Archaic words and expressions tin words and expressions 4.Passive consruction
我国刑法第13条规定：“一切危害国家主权、领土完整和安全，分裂国家、颠覆人民民主专政的政权和推翻社会主义制度，破坏社会秩序和经济秩序，侵犯国有财产或者劳动群众集体所有的财产，侵犯公民私人所有的财产，侵犯公民的人身权利、民主权利和其他权利，以及其他危害社会的行为，依照法律应当受刑罚处罚的，都是犯罪，但是情节显著轻微危害不大的，不认为是犯罪。”

《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___ 。

法律翻译 ppt课件

为求实现第一条所述各宗旨起见，本组织及其会员国应遵行下列原则：
1. The Organization is based on the principle of the sovereign equality of all its Members.
一、本组织系基于各会员国主权平等之原则。
ppt课件
法律翻译
揭廷媛
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Article 2 第二条
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
automatically terminate upon the bankruptcy or insolvency of either opfpt课t件he parties hereto. 13
3. Archaism
- hereafter, herein, hereof, hereto, heretofore, hereunder, herewith；
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serve（送达）
2. Formal Words frozen style (庄重文体) formal style (正式文体) consultative style (商议文体) casual style (随便文体) intimate style (亲密文体) prior– before; Subsequent to– after provided that-- but 尽量用大词是法律英语用词的一大特色 The Agreement shall commence on this day and

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。