法律英语案例赏析 PPT课件

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Criminal law法律英语刑法 PPT课件

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.

法律英语课件PPT课件

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
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• 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
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法律英语
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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
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法律英语

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• 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
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• It is customary to retain local counsel for matters in other jurisdictions.

法律英语法律出版社 各课课件第七课

法律英语法律出版社 各课课件第七课
在杀死奸夫妇的案例中定罪率很低concoctedexplanationunwrittenlaw根据不成文法作出的无罪判决202032835applyingtestwhetherintentionalkillingupongreatprovocationandpassionthequestionjudgeinnonjurycasesaccusedreactedreasonableman对故意杀人是否由于受到极大的刺激和处于激情之下的判断是由陪审团作出的在没有陪审团的案件中由法官作出判断
• /
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• Killing during the course of a felony such as robbery.
• 在抢劫这样的重罪过程中杀人
• Gun goes off accidentally killing the robbery victim, or a bystander, or a police officer.
Capital punishment
DEATH PENALTY
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Insanity defense 精神不正常辩护
Ronald Reagan
John Hinc7kley
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Criminal homicide——有罪杀人
Express malice vs. Implied malice
Push another off the side of a mountain
Fire a rifle at a moving passenger train
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法律英语课堂PPT汇报(法律) -正本

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
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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

法律英语课件2 PPT

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

法律英语讲义-民法精品PPT课件

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)

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
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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.
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“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%。
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A tort action 侵权诉讼
A lengthy proceeding
诉讼程序时间长
Large expenses — honoraria for experts
lovers, strangers.
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Notice
No homework but do review the lecture. Attendence is very important.(Absence: 3
times).
Contacts
E-mail address:fiona-pisces@
King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash, also revered as the w 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.
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 impartiality.
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.
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.
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 case 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."
法律英语案例赏析
李想
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.
Procedural law comprises the rule by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. which comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.
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