英文法律文书简明教程(十)
英语法律文件简明教程-
编号：英语法律文件简明教程甲方：乙方：年月日英语法律文件简明教程一.缩略语规则1，在正式写作中，应避免缩写，除非有以下规则2、3和4。
在正式写作中，除了下面规则2、3和4中指出的以外，不应使用缩写。
例如:不正确:美国最高法院认为被告的权利受到了侵犯。
正确:美国最高法院认为被告的权利受到了侵犯。
不正确:乔纳斯教授提到了几个有家庭伴侣关系条例的城市，例如纽约和旧金山。
正确:乔纳斯教授提到了几个有家庭伴侣关系条例的城市，包括纽约和旧金山。
不正确:法院于1994年10月12日宣布对此案的判决。
正确:法院于1994年10月12日宣布对此案的判决。
规则2，如果一个缩写被广泛使用，并在一般用法中代替全称，则可以使用；然而，英语时期(。
)不应在使用此缩写时使用。
当一个缩写变得如此普遍，以至于它已经取代了常用的全称时，人们可以使用缩写；然而，不应该使用句点。
例如:不正确:美国癌症协会是上周美国癌症协会的一个侧写的主题。
正确:全国有色人种协进会是上周哥伦比亚广播公司的一个简介的主题。
(注:全国有色人种协进会，哥伦比亚广播公司哥伦比亚广播系统)然而:本案被告是雷诺工业公司请注意，在上面的示例中，句点(。
)后面的字母R和J应该保留，因为这个缩写所代表的含义并不广为人知。
一般来说，这样的缩写要用全称；但是，在上面的例子中不能使用全名，因为公司的注册名称中使用了缩写R.J。
请注意，在前面的例子中，“R”和“J”后面的点应该保留，因为大多数读者对缩写的含义还不够了解。
通常，人们会用完整的术语来代替这样的缩写；然而，在这种情况下不能这样做，因为涉及的法人名称包括缩写。
规则3，使用法律引用时，必须按照Bluebook的要求进行缩写。
但是，在提到法院时不应使用缩写。
撰写法律引文时，请始终使用蓝皮书要求的缩写。
但是，当在文本中提到法院时，不要缩写。
例如:例如:不正确:疾病。
最高法院要求将孩子交还给他的生母。
史密森诉贝塔利亚，59伊利诺伊州2d 73，180东北记者2d 754 (1994)。
法律英语全文翻译
法律英语全文翻译（一）米兰达规则你有权保持沉默——米兰达规则在犯罪嫌疑人的权利方面，没有比米兰达诉亚利桑那州案更著名的了。
许多人视米兰达案为沃伦法庭正当程序判决中最为核心的一个案件。
这个案子牵涉到了在亚里桑那非尼克斯被捕的米兰达，他被控告绑架和强奸了一名年轻女子。
在警局总部被受害者指认他犯了罪。
经过两小时的讯问，米兰达承认被指控罪，并签了一份供诉状，法院据此给他定了罪。
在最终向美国最高法院的上诉中，法院作出一个对最近几十年的刑事审判都有极大深远影响的判决。
法院认定米兰达的罪名是不成立的，因为在警察局的整个审讯过程中并没有告知他权利以及提供法律顾问，用以征服审判者的个人判断。
法庭还说被提任何问题之前有权保持沉默，他所说的每一句话都可能在法庭上作为对他的不利证据，他有权请辩护律师出场，并且如果他请不起律师，如果他愿意，将在提问前为他指定一位律师。
在讯问过程中，必须告知他有机会去行使这些权利。
在警告做出和这些机会提供给他以后，他个人可以有意识地放弃这些权利并且同意回答问题或者做出供述。
但是除非这些告知和放弃的权利在审判中原告可以举证，否则任何讯问结果都不能用来对抗他。
为了确保当犯罪嫌疑人被捕时被及时告知了这些合理的建议，现在著名的米兰达权利应当在任何问题提出前宣读。
这些权利通常会出现在警察局的米兰达警告的卡片上。
18岁或18岁以上被拘留的人，在审问之前会被告知这些权利。
这些权利如下：1、你有权利保持沉默，你所说的一切都将可能成为法庭对你的不利证据。
2、你有权利和你的律师交谈，并且在被讯问时有权请你的律师在场。
3、如果你想在讯问前或讯问过程中请一位律师，但是你请不起一位律师，讯问前将会为你免费指派一位律师作为你的代理人。
4、如果你愿意在没有律师的情况下回答问题，你仍有权利随时停止回答提问。
（二）美国宪法序言我们美利坚合众国的人民，为了组织一个更完善的联邦，树立正义，保障国内的安宁，建立共同的国防，增进全民福利和确保我们自己及我们后代能安享自由带来的幸福，乃为美利坚合众国制定和确立这一部宪法。
英文法律文书简明教程（二）缩略符
缩略符－见译注 当⼀个学⽣向教授提交书⾯作业或向律师事务所提交书⾯资料时，没有什么⽐错误的使⽤或不使⽤缩略符造成的负⾯印象更严重了。
因此，掌握这些简单，却常常容易混淆的规则⾮常重要。
在四种情形下使⽤或不使⽤缩略符容易引起混淆，分别是（1）复数词（2）单数所有格（3）复数所有格和（4）it's和its 的缩写形式（Contractions，see cross reference hereunder）与所有格。
是否使⽤所有格，要先问问⾃⼰是否涉及领有关系。
如果是领有关系，名词或带词就要采取所有格。
规则1、Plain plural words do not require the use of an apostrophe. For example: Incorrect: The lawyer's could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a singular possessive.) Incorrect: The lawyers' could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a plural possessive.) Correct: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The lack of an apostrophe here correctly indicates a plural, nonpossessive term.) 规则2、In singular possessive terms, place the apostrophe before the "s." This will indicate ownership by one person or thing. For example: Incorrect: Our schools collection included an original set of Blackstone's Commentaries. Incorrect: Our schools' collection included an original set of Blackstone's Commentaries. Correct: Our school's collection included an original set of Blackstone's Commentaries. 规则3、In plural possessive terms, place the apostrophe after the "s." This will indicate to the reader that more than one person or thing owns the thing possessed. Incorrect: The students success was largely attributable to their hard work and dedication. Incorrect: The student's success was largely attributable to their hard work and dedication. Correct: The students' success was largely attributable to their hard work and dedication. 规则4、How to distinguish "its" and "it's." "It's" is the contraction of "it is," as in the sentence, "It's best not to question the judge's knowledge of the laws of evidence in open court." In formal writing, however, one generally should not use contractions. Thus, the better formulation of the sentence above would be: "It is best not to question the judge's knowledge of the laws of evidence in open court." "Its" is a possessive, as in the sentence, "The truck lost its muffler as it entered the pothole-laden Kennedy Expressway." This is the rare case in which a possessive term does not take an apostrophe. 规则5、A less-often faced decision involves the use of apostrophes where multiple owners are named. Where two or more people own one item jointly, place an apostrophe before an "s" only after the second-named person. For example: Incorrect: Bill's and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law. Correct: Bill and Mary's car was a lemon, leading them to seek rescission of their contract under the state's lemon law. However, when two or more people own two or more items separately, each individual's name should take the possessive form. For example: Incorrect: Joanne and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model. Correct: Joanne's and Todd's cars were bought from the same dealer; both proved useless, even though Joanne's car was an import and Todd's was a domestic model. 规则6、When creating the possessive form of words ending in "s," use only an apostrophe after the "s" if the word ends in a "z" sound. However, if the word ends in an "s" sound use an apostrophe and an additional "s" to create the possessive. Less Desirable: He was a student in Professor Adams's class. More Desirable: He was a student in Professor Adams' class. However: He was a student in Professor Weiss's class. Cross Reference: Contractions 缩约词，通过省略或结合⼀个较长短语中的某些⾳素⽽形成的词，如从 will not来的won't，或短语如从 of the clock来的 o'clock。
英文法律文书的简明教程
英文法律文书的简明教程逗号的用法是正确运用标点进程中最复杂，最容易产生误解的问题之一。
在一些情形中，存在着被普遍同意的用法。
但是在另一些情形下，却有不只一种用法。
学生常常以为，担忧标点的用法有点好笑：毕竟，法律分析才是最重要的呀。
可是，假设一个人申请一份工作或向上级提交书面报告，没有什么会比轻忽标点运用大体规那么更易给人留下负面印象的了。
毕竟，一名高级律师是决可不能情愿去更正一名低级律师的逗号的用法的。
Comma usage is one of the most complex, and most misunderstood, questions of proper punctuation. In some cases there are widely accepted rules governing comma usage; in a few cases, there is more than one acceptable approach. Students often think it''s silly to worry about things such as punctuation: after all, isn''t the legal analysis what really counts? However, when one applies for a job or submits written work to a supervisor, nothing will leave a more negative impression than ignorance of the basic rules of punctuation. After all, the last thing a senior attorney wants to do is correct a junior attorney''scomma usage.1.当你用一个短语或从属分句开始一个句子，并随后引入一个独立分句时，用逗号分隔。
法律文书,英语
法律文书,英语篇一：英文法律文书写作选词、用词英文法律文书写作选词、用词相同概念，相同用词应保证使用同一单词表述同一概念，避免使用不同的单词表述同一概念。
如在叙述某一辆轿车时，不要既用“thecar”，又用“thevehicle”来表述，否则会引起不必要的误解，例如：Eventhoughthedefendantcommentedthatwhileinprobationhehadabettedtw ominorsinpettylarceny,thisadmissionofillegalityisnotrelevanttothepresentc ase.本句缺陷在于“commented”与“admission”实际表述有些微差别，应将“commented”改为“admitted”。
[参考译文]即便被告承认在缓刑期间他曾教唆两名未成年人盗窃，但对该不法行为的承认与目前案件无关。
顺手牵羊叫shoplifting,抢劫是robbery,武装抢劫armedrobbery,强奸是rape,偷窃的小case是pettytheft，大case是larceny，更大案件grandlarceny,半夜闯空门则是burglary.走私毒品drugtrafficking,重伤害seriousassault,殴打assaultandbattery,纵火arson.像这些字都常在警匪片中出现。
律师的不同称谓一般来说，attorney指某一特定案件中代理一方应诉的律师。
[例句1]attorneySchwartzmovedforanewtrial.施瓦兹律师请求法院再审此案。
[例句2]Theattorneyforthedefenseobjectedtothequestion.被告律师反对这个问题。
lawyer是社会对律师的泛称。
[例句]Severalhundredlawyersattendedlastyear’saBaconvention.几百名律师参加了去年全美律师协会的会议。
法律文书英文
法律文书英文篇一：法律文书翻译法律文书翻译一、定义(definitionoflegalinstrument) Legalinstrumentisalegaltermofartthatisusedforanyformallyexecutedwritte ndocument.二、分类(categories)courtwritorprocess,oranylawpassedbyacompetentlegislativebo dyinmunicipal(domestic)orinternationallaw.三、基本原则(Basicprinciples)对于法律翻译，译者不宜片面追求形式上的对等，要求译文的词类、语序和句子结构与原文基本保持一致。
法律文件的翻译质量必须用译员对译文的反映程度来衡量。
法律文体的翻译应该遵循奈达提出的“功能对等”翻译原则，即“译文读者对译文的反应等值于原文读者对原文的反应。
1.公正性（impartiality）是法律专业人员要遵守的最为基本的原则。
2.准确性(veracity)：要求语言使用者对法律概念及所涉及的行为进行严格表达。
3.合适性(appropriateness)：合适性反映翻译的度，主要是对文本原意传达的充分程度。
4.简洁，精练(conciseness)：Thesimplest,mostconciseEnglishisthebestforlegislation:四、用词的基本特点(Featuresofwords)1.措词精确、避免歧义(precisewords)原文：自9月20日起，甲方无权接受任何订单或收据。
原译：Partyashallbeunauthorizedtoacceptanyorderortoacceptanyorderstocollecta nyaccountafterSeptember20.改译：Partyashallbeunauthorizedtoacceptanyorderortoacceptanyorderstocollecta nyaccountonandafterSeptember20.2.惯用副词（adverbs）hereafter=afterthistime;今后hereby=bymeans/reasonofthis;特此herein=inthis;此中，于此hereinafter=laterinthiscontract;在下文thereafter=afterwards;此后，后来thereby=bythatmeans;因此；由此；在那方面therein=fromthat;在那里；在那点上thereinafter=laterinthesamecontract;以下；在下文whereby=bywhat;bywhich;由是；凭那个wherein=inwhat;inwhich;在哪里；在哪点上3.词语多并列（parallelwords）为表意准确，行文中大量使用词语并列结构，用“and”或“or”把两个或多个短语并列起来。
英文法律文书课堂笔记
英文法律文书课堂笔记第一章会议纪要写作性质：会议纪要是律师的工作文件之一，是律师参与会议并根据会谈笔录整理的文件，能体现双方的交易意向，但在一般情况下对双方没有法律约束力(non-legally binding)。
第一部分：名称会议纪要的抬头通常写为：Summary of Talks on XXX例如：(1)Summary of Talks on Technology Transfer(2)Summary of Talks on the Purchase and Sale of Computers第二部分：引言会议纪要的引言主要包括：主体的描述、会议时间、地点等信息。
大家可以按以下方式写引言部分，具体内容可根据具体交易变更（下同）：A trade talks on computer purchase was being held in Beijing International Trade Center, by and between ABC Company, with is registered office at ( ), Beijing, China(Party A) and XYZ Company, with is registered office at ( ), New York, USA(Party B) on Dec. 25, 2005. After sound and definite negotiations, both parties have achieved complete success and reached an identity of the following view:第三部分：正文部分正文部分是会议纪要最重要的部分，体现了交易双方的交易意向。
由于具体交易的内容不同，所以该部分也没有一种特定的格式。
只需要把内容分项说清即可。
该部分应特别注意两点：一是该部分常用到“应当如何如何”的表述，可以表述为shall be或者should be。
制作法律文书英语作文模板
制作法律文书英语作文模板Title: Template for Drafting Legal Documents in English。
Introduction。
Drafting legal documents in English requires a highlevel of precision, clarity, and attention to detail. Whether you are a lawyer, legal assistant, or law student,it is essential to have a solid understanding of the key components and structure of legal documents. In thisarticle, we will provide a comprehensive template for drafting various types of legal documents in English, including contracts, agreements, pleadings, and more.1. Heading。
The heading of a legal document typically includes the following information:Title: The title should clearly indicate the type ofdocument, such as "Contract for Sale of Goods" or "Settlement Agreement."Parties: The names and addresses of the partiesinvolved in the transaction or legal matter should beclearly identified.Date: The date of the document should be clearly stated, including the day, month, and year.2. Introduction。
英文法律文书简明教程（精选3篇）
英文法律文书简明教程（精选3篇）英文法律文书简明教程篇1一、缩写 Abbreviations规则1、在正式写作中，应当避免使用缩写，除非有下述规则2、规则3和规则4的情形。
In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.例如：Incorrect: The U.S. Supreme Court held that the defendant\’s rights had been violated.Correct: The United States Supreme Court held that the def endant\’s rights had been violated.Incorrect: Professor Jonas mentioned several cities that hav e domestic-partnership ordinances, e.g., New York and San Francisco.Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.Incorrect: The Court announced its decision in the case on Oct. 12, 1994.Correct: The Court announced its decision in the case on Oc tober 12, 1994.规则2、如果一个缩写的应用已经非常普遍，在一般用法中已经取代了全称，则可以使用缩写；但使用此缩写时不应该使用表示缩写的英文句号（.）。
英文法律文书--缩写
英文法律文书--缩写一、缩写 Abbreviations规则1、在正式写作中，应当避免使用缩写，除非有下述规则2、规则3和规则4的情形。
In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.例如：Incorrect: The U.S. Supreme Court held that the defendant’s rights had been violated.Correct: The United States Supreme Court held that the defendant’s rights had been violated.Incorrect: Professor Jonas mentioned several cities that have domestic-partnership ordinances, e.g., New York and San Francisco. Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.Incorrect: The Court announced its decision in the case on Oct. 12, 1994.Correct: The Court announced its decision in the case on October12, 1994.规则2、如果一个缩写的应用已经非常普遍，在一般用法中已经取代了全称，则可以使用缩写；但使用此缩写时不应该使用表示缩写的英文句号（.）。
法律文书英文
法律文书英文Legal Document: Assignment AgreementThis Assignment Agreement is entered into on [Date], by and between [Assignor], a [Legal entity type] organized and existing under the laws of [Jurisdiction] with its principal place of business at [Address], hereinafter referred to as the "Assignor," and [Assignee], a [Legal entity type] organized and existing under the laws of [Jurisdiction] with its principal place of business at [Address], hereinafter referred to as the "Assignee."WHEREAS, Assignor is the lawful owner of certain rights and obligations (the "Assigned Rights") arising from [Nature of the Assigned Rights], as described in Exhibit A attached hereto; andWHEREAS, Assignor desires to assign, transfer, and convey all of its rights, title, and interest in and to the Assigned Rights to Assignee; andWHEREAS, Assignee desires to accept such assignment and assume all obligations and responsibilities associated with the Assigned Rights;NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Assignor and Assignee agree as follows:1. Assignment of RightsAssignor hereby irrevocably assigns, conveys, and transfers to Assignee all of its rights, title, and interest in and to the AssignedRights, including any and all related contract rights, intellectual property rights, licenses, permits, and any other rights or benefits arising therefrom.2. Assumption of ObligationsAssignee hereby assumes, acknowledges, and agrees to fulfill all the obligations, duties, and responsibilities associated with the Assigned Rights from the Effective Date of this Agreement, as set forth in Exhibit B attached hereto.3. ConsiderationIn consideration for the assignment of the Assigned Rights, Assignee agrees to pay Assignor the sum of [Amount] within [Number] days from the Effective Date of this Agreement.4. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].5. NoticesAny notice, consent, or other communication required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by registered or certified mail, or by recognized overnight courier, to the parties atthe addresses set forth above or to such other address as either party may specify by written notice to the other party.6. Entire AgreementThis Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, relating to such subject matter.IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement as of the date first above written. [Assignor]By: [Authorized Signatory]Title: [Title][Assignee]By: [Authorized Signatory]Title: [Title]。
英文法律文书简明教程
英文法律文书简明教程作为英文法律文书的初学者，可能会发现一些法律文书看起来很复杂，难以理解。
但是，了解一些基本的法律术语和格式，就可以让你更容易地理解和写作法律文书。
基本术语在英文法律文书中，有一些基本的术语需要了解。
原告和被告在法律文书中，原告是指提起诉讼的一方，而被告则是被诉讼的一方。
申请人和受申请人在一些特定的法律程序中，如上诉和求证程序中，会用到申请人和受申请人。
申请人是提出请求的一方，而受申请人则是被请求的一方。
赔偿金和惩罚性赔偿金赔偿金是指赔偿因某些原因而遭受的损失的金额。
而惩罚性赔偿金则是赔偿某些违法行为的额外罚款。
诉讼费和律师费诉讼费是指在法律程序中产生的费用，律师费则是聘请律师时需要支付的费用。
申请书和答辩书申请书是提起诉讼或请求某种法律程序的文件。
与之对立的是答辩书，它是被诉讼方或被请求方为了回应申请书而提交的文件。
常见的法律文书委托书委托书是一封文件，用于授权一个人代表另一个人或组织进行一项行为。
它通常包含以下几个部分：•标题•第一部分：约定代理人–例如：“我，XXX公司，授权YYY公司为我们代理……”•第二部分：约定代理事项–例如：“代理处理与ZZZ公司的合作……”•第三部分：代理时间–例如：“本委托书从（日期）开始生效，到（日期）截至。
”–包含委托方的地址和签名合同合同是一份双方约定的文件，规定双方之间的权利和义务。
它通常包含以下几个部分：•标题•第一部分：合同申明–例如：“本合同由（双方名称）签订，具有合法效力。
”•第二部分：定义–例如：“在本合同中，我们称签署本合同的各方为”合同方“。
”•第三部分：合同详细条款–例如：“本合同下的服务包括XXX、YYY、ZZZ等……”•第四部分：执行条款–例如：“如本合同任何一方违反合同，违约方须負担全部违约责任……”•第五部分：争议解决–例如：“各方同意将一切本合同所发生的争议提交本地法院或仲裁机构解决。
”–包含合同方的地址和签名。
英文法律文书简明(六)
英文法律文书简明（六）Colloquialisms口语（化表达）法律文书是一种正式的文书。
其首要目的就是清楚而有效地沟通观点。
偶尔使用修辞性的华丽词藻有助于强调观点，尤其在论述性文书中。
但是千万不要因用了华丽的表达而丢掉或混淆了重要的法律观点。
观点重要性远大于表达形式。
同样，写作不要象说话一样。
英语口语中我们经常用生动的或是口语化的短语，这在书面英语中是不合时宜的。
写作中一定不要用这些短语，要代之以准确的语言。
Incorrect： On arriving at the scene of the crime, the officer tore up the stairs in search of the big enchilada.Correct： On arriving at the scene of the crime, the officer ran up the stairs in search of the leader of the crime syndicate.前述例子中，口语短语"tore up the stairs" 和"big enchilada"有多个意思。
所以，越准确语言越恰当。
Incorrect： On December 12, 1992, Ms. DeWitt kicked the bucket.Also Incorrect： On December 12, 1992, Ms. DeWitt passed on to her heavenly reward.Better： Ms. DeWitt died on December 12, 1992.前述例子中，第一个不恰当的句子含俚语，通常这在法律文书或其它正式文书中都不合时宜。
第二个不恰当的例子避免了俚语，但走到另一个极端，有失简洁。
英文法律文书简明教程
英文法律文书简明教程英文法律文书是指用英语撰写的法律文件或文件的法律文件。
它们通常用于法庭案件、合同、法律备忘录和其他与法律有关的文件。
在撰写英文法律文书时，有一些常见的要点和规范需要遵守。
以下是一些简明的教程,引导你撰写英文法律文书。
1. 格式：根据当地的法律文书格式要求来撰写文书。
这可能包括特定的页边距、字体和行间距等要求。
2. 清晰简洁：使用简明扼要的语言来表达你的观点和论点。
避免使用复杂的句子结构和过多的法律术语，以确保易于理解。
3. 结构：使用清晰的标题和段落来组织文书。
在重要的内容之前提供简要的导言，列出要解决的问题以及你的观点和论点。
4. 使用法律术语：法律文书中通常需要使用一些专业的法律术语。
确保使用准确的术语，同时提供必要的定义和解释，以保证文书的准确性和清晰度。
5. 引述法律法规：当引述法律法规或司法案例时，确保提供准确的引用和注释。
使用适当的引文格式和引用标准，例如美式法律引用格式(ALWD)或布鲁岛法学院引文法规(BLUEBOOK)。
6. 逻辑和论证：在文书中使用清晰的逻辑和论证来支持你的观点。
提供法律依据和案例以支持你的论点，并回应可能的对方论点。
7. 校对和编辑：在完成文书后，进行仔细的校对和编辑，以确保文书的语法、拼写和标点符号等方面没有错误。
这对于法律文书的准确性和专业形象非常重要。
总体而言，撰写英文法律文书需要准确、简明和逻辑清晰。
熟悉当地的法律写作要求和规范，遵循这些教程可以有助于你更好地撰写英文法律文书。
同时，向有经验的法律专业人士咨询和寻求帮助也是很重要的。
英文法律文书案例(3篇)
第1篇Court: Superior Court of the State of California, County of Los AngelesDate: April 15, 2023Jurisdiction: CivilCitation: Smith v. Johnson, 123 Cal. App. 5th 1234 (2023)Facts:The plaintiff, John Smith, filed a complaint against the defendant, James Johnson, in the Superior Court of the State of California, County of Los Angeles. The case arises out of a real estate transaction that took place on January 1, 2022, where Smith purchased a residential property from Johnson.According to the complaint, Smith entered into a real estate purchase agreement with Johnson on December 1, 2021, for the purchase of a house located at 123 Main Street, Los Angeles. The agreement, which was executed by both parties, contained several clauses, including a provision requiring Johnson to provide a warranty deed and clear title to the property.Prior to the closing date, Smith conducted a title search and discovered that there was a lien on the property, totaling $50,000, placed by a previous contractor who had not been paid for the work performed on the property. The lien had been recorded against Johnson as the owner of the property.Despite the discovery of the lien, Johnson did not disclose this information to Smith. The closing took place on January 1, 2022, and Smith took possession of the property. However, Smith soon learned about the lien and was unable to sell the property due to the encumbrance on the title.Smith brought a claim against Johnson for breach of contract, seeking damages for the loss of the sale of the property, as well as for the cost of removing the lien. Johnson denied the allegations and filed acounterclaim for fraud, arguing that Smith knew about the lien beforethe purchase and therefore had no basis for his claim.Discussion:Breach of Contract:The court first addressed Smith's claim for breach of contract. Under California law, a breach of contract occurs when one party fails to perform a material term of the contract. In this case, the agreement between Smith and Johnson required Johnson to provide a warranty deedand clear title to the property.The court found that Johnson's failure to disclose the lien to Smithprior to the closing constituted a breach of the contract. The warranty deed clause implied that Johnson was obligated to provide a title that was free from encumbrances, including liens. By failing to disclose the lien, Johnson did not fulfill his contractual obligations.Damages:The court next considered the issue of damages. Smith sought compensation for the loss of the sale of the property, as well as the cost of removing the lien. The court awarded Smith damages for the loss of the sale, which was proven to be $100,000. Additionally, the court found that the cost of removing the lien, totaling $30,000, was recoverable.Counterclaim for Fraud:Johnson's counterclaim for fraud was dismissed by the court. The court found that Smith did not have actual knowledge of the lien prior to the purchase. While Smith conducted a title search, he did not specifically inquire about liens against Johnson. Therefore, the court concluded that Johnson's allegations of fraud were without merit.Conclusion:Based on the findings of fact and law, the court entered judgment in favor of the plaintiff, John Smith, against the defendant, James Johnson.The court awarded Smith damages in the amount of $130,000, representing the loss of the sale of the property and the cost of removing the lien. The court also dismissed Johnson's counterclaim for fraud.Order:IT IS HEREBY ORDERED that judgment is entered in favor of John Smith against James Johnson in the amount of $130,000. The counterclaim for fraud is hereby dismissed.This judgment is final and may be appealed within 30 days from the date of this order.Judges:Honorable Jane DoeSuperior Court of the State of California, County of Los AngelesAttorneys for the Plaintiff:John DoeDoe Law FirmAttorneys for the Defendant:Jane DoeDoe & Sons Law Firm第2篇Case Name: ABC Company vs. XYZ CorporationCase Number: 123456Introduction:In this legal case, ABC Company (Plaintiff) filed a lawsuit against XYZ Corporation (Defendant) for breach of contract. The case revolves around a contract between the two parties for the supply of raw materials. The Plaintiff claims that the Defendant failed to fulfill its contractualobligations, resulting in significant financial losses for the Plaintiff. This case will analyze the key issues involved, the evidence presented, and the judgment rendered by the court.Factual Background:In 2018, ABC Company and XYZ Corporation entered into a contract for the supply of raw materials. The contract, dated March 1, 2018, was for a duration of one year, with an option for extension. According to the contract, XYZ Corporation agreed to supply a specified quantity of raw materials to ABC Company at a predetermined price.The contract also included several terms and conditions, such as payment terms, delivery schedules, and quality standards. Both parties agreed to comply with these terms and conditions throughout the duration of the contract.During the course of the contract, ABC Company made several payments to XYZ Corporation as per the agreed-upon payment schedule. However, XYZ Corporation failed to deliver the specified quantity of raw materials on several occasions, resulting in a shortage of raw materials for ABC Company's production processes.Key Issues:1. Did XYZ Corporation breach the contract by failing to deliver the specified quantity of raw materials?2. Did ABC Company suffer any financial losses as a result of XYZ Corporation's breach?3. Is XYZ Corporation liable for the financial losses incurred by ABC Company?Evidence:1. Contract between ABC Company and XYZ Corporation2. Correspondence between the parties, including emails and letters, discussing the delivery issues3. Invoices and payment records from ABC Company4. Witness statements from ABC Company employees regarding the impact of the raw material shortages on their production processesArgument:1. Breach of Contract:ABC Company argues that XYZ Corporation breached the contract by failing to deliver the specified quantity of raw materials. The contractexplicitly states that XYZ Corporation is responsible for providing the required materials within the agreed-upon timeframe. By failing to do so, XYZ Corporation violated the terms of the contract.2. Financial Losses:ABC Company claims that the breach of contract caused significant financial losses. The lack of raw materials resulted in a decrease in production, leading to a loss of revenue. ABC Company also incurred additional costs, such as overtime pay for employees and alternative sourcing of raw materials.3. Liability:ABC Company asserts that XYZ Corporation is liable for the financial losses incurred as a result of the breach of contract. The contract includes a clause stating that the parties agree to indemnify each other for any losses arising from a breach of the contract. Therefore, XYZ Corporation should compensate ABC Company for the financial losses suffered.Judgment:After considering the evidence and arguments presented by both parties, the court found XYZ Corporation liable for breach of contract. The court held that XYZ Corporation's failure to deliver the specified quantity of raw materials constituted a breach of the contract.The court further ruled that ABC Company suffered financial losses as a result of XYZ Corporation's breach. The court awarded ABC Companymonetary damages in the amount of $500,000, representing the losses incurred due to the breach of contract.Conclusion:This case highlights the importance of adhering to the terms and conditions of a contract. In this instance, XYZ Corporation's failure to fulfill its contractual obligations resulted in significant financial losses for ABC Company. The court's judgment serves as a reminder to businesses to honor their commitments and to seek legal remedies when contractual breaches occur.第3篇I. IntroductionIn this case study, we will examine a breach of contract claim involving the supply of goods. The case revolves around the obligations of the seller and the buyer, and how the breach of contract occurred. We will analyze the legal principles applicable to this case, the defenses raised by the buyer, and the court's decision.II. BackgroundA. Parties InvolvedThe case involves two parties: ABC Corporation (Seller) and XYZ Company (Buyer). ABC Corporation is a manufacturer of electronic devices, while XYZ Company is a retailer of electronic goods.B. Contractual AgreementOn June 1, 2020, ABC Corporation and XYZ Company entered into a written contract for the supply of 1,000 electronic devices. The contract contained the following terms and conditions:1. Quantity: 1,000 electronic devices2. Price: $100 per device3. Delivery Date: July 1, 20204. Payment Terms: Payment in full upon deliveryIII. Breach of ContractOn July 2, 2020, XYZ Company received only 500 electronic devices from ABC Corporation. The remaining 500 devices were not delivered by the agreed-upon date. As a result, XYZ Company filed a breach of contract claim against ABC Corporation.IV. Legal PrinciplesA. Contract FormationTo establish a breach of contract claim, the plaintiff must prove that a valid contract was formed between the parties. In this case, the written contract between ABC Corporation and XYZ Company satisfies the requirements for contract formation.B. Breach of ContractA breach of contract occurs when one party fails to perform its obligations under the contract. The breach can be either a material or a minor breach. A material breach is a breach that substantially prevents the contract from achieving its intended purpose, while a minor breachis a breach that does not substantially prevent the contract from achieving its intended purpose.In this case, ABC Corporation's failure to deliver the full quantity of electronic devices on the agreed-upon date constitutes a material breach of the contract.C. DamagesWhen a contract is breached, the non-breaching party is entitled to damages. Damages can be compensatory, nominal, or punitive. Compensatory damages are intended to put the non-breaching party in the position they would have been in had the breach not occurred. Nominal damages are awarded when the breach has occurred, but the non-breaching party has suffered no actual loss. Punitive damages are awarded to punish the breaching party for their egregious conduct.V. Buyer's DefensesA. Excusable BreachThe buyer may argue that the breach was excusable due to unforeseen circumstances beyond their control. However, in this case, ABC Corporation failed to provide any evidence to support an excusable breach.B. Mitigation of DamagesThe buyer may claim that they mitigated their damages by purchasing alternative goods from another supplier. If the buyer can prove that they mitigated their damages, they may be entitled to recover only the difference between the cost of the goods they purchased and the cost of the goods they expected to receive from ABC Corporation.VI. Court's DecisionAfter considering the evidence presented by both parties, the court found that ABC Corporation breached the contract by failing to deliver the full quantity of electronic devices on the agreed-upon date. The court held that the breach was material and awarded compensatory damages to XYZ Company. The court further ruled that XYZ Company was entitled to recover the difference between the cost of the goods they purchased from another supplier and the cost of the goods they expected to receive from ABC Corporation.VII. ConclusionIn this case study, we have examined a breach of contract claiminvolving the supply of goods. The court found that ABC Corporation breached the contract by failing to deliver the full quantity of electronic devices on the agreed-upon date. The court awarded compensatory damages to XYZ Company and ruled that they were entitled to recover the difference between the cost of the goods they purchased from another supplier and the cost of the goods they expected to receive from ABC Corporation. This case highlights the importance of adhering to the terms of a contract and the consequences of breaching the contract.。
英语应用文写作10-欠条和收条
PREV.
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Receipt收条: 即收到钱物之后，给交钱或送物人写张字据，说明 已经收到某物，可留作证据。收条上需写明钱物名称和数量、立据 人及日期，不得涂改。
Sample: The following is a receipt. Please read and try to understand it.
货币名称货币符号货币名称货币符号葡萄牙埃斯库多pte西班牙比塞塔esp印尼盾idr马来西亚林吉特myr新西兰元nzd菲律宾比索php俄罗斯卢布sur新加坡元sgd韩国元krw泰铢thbiouaccordingfollowingchineseinformationgivenbelow今借玛丽女士人民币2000元貳仟元整保证一年内还清年息6厘此据
Mary
Receipt
Received from Li Xiaoli RMB 2120 Yuan(Two thousand one hundred and twenty RMB Yuan only)in full repayment of the loan lent to her on January 1, 2006, plus interest.
I.O.U. and Receipt Activities
欠条和收条 (I.O.U. and Re 要目的是为了尽快地把最新的信息、通知、要求或者活动的时间、地点 转告给对方。常见的便条有收条、欠条、留言和请假条等。
基本写作格式 便条内容和类型不尽相同，可以灵活变通。但各类便条必须包括以 下几个基本要素：1）Date 便条日期； 2）Salutation 称呼； 3）Body 正文； 4）Signature 署名。 I.O.U.欠条：留下字据，表示欠某人某物。欠条上需写明钱物名称和 数量、立据人及日期。不得涂改。
英文法律文书案例(3篇)
第1篇IntroductionIn the realm of legal disputes, land disputes often prove to be complex and contentious. The case of Taylor vs. Johnson is a prime example of such a situation, where the boundaries of property rights and the interpretation of legal documents come into sharp focus. This case study will delve into the details of the dispute, the arguments presented by both parties, and the eventual ruling of the court.Factual BackgroundThe dispute in question revolves around a piece of land located in the outskirts of a small town, known as the "Green Valley." The land in question was originally purchased by Mr. John Taylor in 1980. Over the years, Mr. Taylor and his family had made significant improvements to the property, including constructing a house, a barn, and a garden.In 2010, Mr. Taylor passed away, leaving behind his wife, Mrs. Emily Taylor, and two adult children, Mr. James Taylor and Ms. Sarah Taylor. After Mr. Taylor's death, the family decided to sell the property. However, during the process of selling the land, a conflict arose between the Taylor family and the Johnson family, who claimed ownership of a portion of the Taylor property.The Johnsons, led by Mr. Michael Johnson, alleged that the Taylor property had encroached upon their land, which they had purchased in 2005. The Johnsons claimed that the boundary between their property and the Taylor property had been mistakenly marked, and as a result, a significant portion of the Taylor property was actually part of the Johnson property.The Legal ArgumentTaylor Family's ArgumentThe Taylor family argued that the boundary between their property and the Johnson property had been clearly marked on the original land deeds. They presented the following points in their defense:1. Original Deeds: The Taylor family produced the original deeds that clearly outlined the boundaries of their property. These deeds had been registered with the local land registry office, making them legally binding.2. Property Improvements: The Taylor family pointed out that they had made substantial improvements to the property, which further established their claim to ownership. They argued that the improvements would not have been made on land they did not legally own.3. Longstanding Usage: The Taylor family also claimed that they had been using the disputed land for over three decades without any interference from the Johnsons, which established a precedent of their ownership.Johnson Family's ArgumentThe Johnson family, on the other hand, argued that the boundary between their property and the Taylor property had been mistakenly marked. They presented the following points in their claim:1. Surveyor's Report: The Johnsons hired a professional surveyor to re-examine the property boundaries. The surveyor's report indicated that the boundary had been incorrectly marked, and that a significant portion of the Taylor property was, in fact, part of the Johnson property.2. Historical Records: The Johnsons presented historical records that showed the original surveyor had made an error in marking the boundary. They argued that this error had been overlooked for many years.3. Neighbors' Testimonies: The Johnsons also provided testimonies from neighbors who had confirmed that the boundary between their property and the Taylor property had always been incorrect.The Court's DecisionAfter considering the evidence presented by both parties, the court ruled in favor of the Johnson family. The court held that the surveyor's report and historical records provided compelling evidence that the boundary between the properties had been incorrectly marked. The court further noted that the Taylor family had been using the disputed landfor an extended period, but this did not negate the fact that the land was legally part of the Johnson property.The court ordered the Taylor family to remove any structures or improvements they had made on the disputed land and to transfer ownership of that portion of the property to the Johnson family.ConclusionThe Taylor vs. Johnson land dispute serves as a reminder of the complexities that can arise in property law. It highlights the importance of accurate boundary markings, proper legal documentation, and the role of professional surveyors in ensuring property rights are protected. The case also underscores the necessity for parties to address disputes promptly and seek legal remedies to resolve conflicts.The ruling in this case emphasizes the principle that property rights are not absolute and can be subject to legal challenge. It is crucialfor individuals and families to understand the boundaries of their property and to take appropriate measures to protect their rights in the event of a dispute.In the end, the Taylor vs. Johnson case serves as a cautionary tale and a valuable lesson in the intricacies of property law and the importance of seeking legal advice when faced with complex disputes.第2篇IntroductionThis case study focuses on the breach of contract case involving XYZ Corporation, a major manufacturing company. The case highlights the importance of contract law in protecting the rights and interests of parties involved in commercial transactions. It provides an overview of the case, the arguments presented by both parties, and the final decision made by the court.BackgroundXYZ Corporation, a leading manufacturer of electronic devices, entered into a contract with ABC Limited, a distributor, to supply a large quantity of electronic devices at a fixed price. The contract was signed on January 1, 2020, and was supposed to be effective for a period of one year. According to the contract, XYZ Corporation was required to deliver the products within 30 days from the date of the contract.However, on February 15, 2020, ABC Limited received a notification from XYZ Corporation that they would not be able to meet the delivery deadline. XYZ Corporation cited production delays and unexpected technical issues as the reasons for the breach of contract. As a result, ABC Limited filed a lawsuit against XYZ Corporation, claiming damagesfor the breach of contract.Facts of the CaseThe following are the key facts of the case:1. The contract between XYZ Corporation and ABC Limited was signed on January 1, 2020.2. XYZ Corporation agreed to supply a large quantity of electronic devices to ABC Limited at a fixed price.3. The delivery deadline was set at 30 days from the date of the contract.4. On February 15, 2020, XYZ Corporation informed ABC Limited that they would not be able to meet the delivery deadline.5. XYZ Corporation cited production delays and unexpected technical issues as the reasons for the breach of contract.6. ABC Limited filed a lawsuit against XYZ Corporation, claiming damages for the breach of contract.Arguments Presented by Both Parties1. XYZ Corporation's ArgumentXYZ Corporation argued that the breach of contract was due to unforeseeable circumstances beyond their control. They claimed that production delays and unexpected technical issues had caused them to be unable to meet the delivery deadline. XYZ Corporation further arguedthat they had made reasonable efforts to mitigate the damages caused to ABC Limited.2. ABC Limited's ArgumentABC Limited argued that XYZ Corporation's breach of contract was adirect result of their failure to fulfill their obligations under the contract. They claimed that XYZ Corporation had no valid excuse for not meeting the delivery deadline and that their actions had caused significant financial losses to ABC Limited. ABC Limited requested the court to award damages for the breach of contract and to hold XYZ Corporation liable for the losses incurred.Evidence and WitnessesBoth parties presented evidence and witnesses to support their arguments. XYZ Corporation provided documentation of the production delays and technical issues that had caused the breach of contract. ABC Limited presented evidence of the financial losses they had incurred due to the breach, including lost sales and increased costs.The Court's DecisionAfter considering the arguments presented by both parties and the evidence provided, the court ruled in favor of ABC Limited. The court found that XYZ Corporation had breached the contract by failing todeliver the products within the agreed-upon timeframe. The court concluded that the production delays and technical issues cited by XYZ Corporation were not valid excuses for the breach, as they could have been reasonably anticipated and mitigated.The court awarded damages to ABC Limited, which included the lost sales and increased costs incurred as a result of the breach of contract. The court further ordered XYZ Corporation to pay interest on the damages awarded, as provided under the contract.ConclusionThe breach of contract case involving XYZ Corporation and ABC Limited highlights the importance of contract law in ensuring that parties involved in commercial transactions fulfill their obligations. Thecourt's decision underscores the principle that parties must fulfill their contractual obligations, and that breach of contract can result in significant financial losses. This case serves as a reminder to businesses to carefully review and adhere to the terms of their contracts to avoid legal disputes and potential damages.第3篇I. IntroductionThis case study revolves around a breach of contract claim. It involves two parties, ABC Corporation (hereinafter referred to as "ABC") and XYZ Limited (hereinafter referred to as "XYZ"), who entered into a contract for the supply of goods. The dispute arose when ABC failed to deliver the goods as agreed, leading to a breach of contract. This case will analyze the facts, legal principles, and the court's decision in this matter.II. FactsOn March 1, 2020, ABC and XYZ entered into a written contract for the supply of 1000 units of a particular product. The contract specifiedthat ABC would deliver the goods to XYZ's warehouse within 30 days from the date of the contract. The total value of the contract was USD100,000, with a payment term of 30 days after the delivery of goods.According to the contract, ABC was responsible for ensuring the quality and quantity of the goods. XYZ was required to inspect the goods upon delivery and inform ABC of any discrepancies within 7 days. If any discrepancies were found, XYZ had the right to reject the goods and request a replacement or refund.On April 1, 2020, ABC informed XYZ that the goods would be delivered on April 5, 2020. However, when the goods arrived at XYZ's warehouse onApril 6, 2020, XYZ discovered that only 800 units of the product were delivered, and the quality of the goods did not meet the agreed specifications. XYZ immediately informed ABC of the discrepancies and requested a replacement or refund.Despite repeated reminders and requests, ABC failed to provide a satisfactory solution. Therefore, XYZ filed a breach of contract claim against ABC, seeking compensation for the loss incurred due to the late delivery and the quality issues.III. Legal Principles1. Existence of a ContractThe first legal principle to consider is the existence of a contract between the parties. In this case, there is no dispute regarding the existence of the contract, as it is evidenced by the written agreement signed by both parties.2. Breach of ContractThe second legal principle is the breach of contract. A breach of contract occurs when one party fails to perform its obligations under the contract. There are two types of breaches: material breach and minor breach.a. Material BreachA material breach is a breach that goes to the essence of the contract and substantially impairs the value of the contract to the non-breaching party. In this case, ABC's failure to deliver the agreed quantity of goods and the quality issues can be considered a material breach, as it substantially impaired the value of the contract to XYZ.b. Minor BreachA minor breach is a breach that does not go to the essence of the contract and does not substantially impair the value of the contract. In this case, the breach is not considered a minor breach, as it affects the core obligations of the contract.3. Remedies for Breach of ContractThe remedies for breach of contract depend on the nature of the breach and the damages suffered by the non-breaching party. The primary remedies for breach of contract include:a. DamagesDamages are monetary compensation awarded to the non-breaching party for the loss suffered due to the breach of contract. In this case, XYZ is entitled to claim damages for the loss incurred due to the late delivery and the quality issues.b. Specific PerformanceSpecific performance is an order from the court requiring the breaching party to perform its obligations under the contract. However, specific performance is not commonly granted in commercial transactions, especially when damages are an adequate remedy.IV. Court's DecisionThe court found that ABC breached the contract by failing to deliver the agreed quantity of goods and by providing goods of poor quality. As a result, the court awarded XYZ damages for the loss incurred due to the breach.The court calculated the damages based on the difference between the value of the goods actually delivered and the value of the goods agreed upon in the contract. The court also considered the cost of replacement and the additional expenses incurred by XYZ due to the delay in receiving the goods.V. ConclusionIn conclusion, this case study highlights the importance of adhering to the terms of a contract and the consequences of breaching a contract. It demonstrates that when a party fails to fulfill its obligations under a contract, the non-breaching party is entitled to seek remedies for the loss suffered. This case serves as a reminder to businesses to ensurethat they understand and comply with the terms of their contracts to avoid potential legal disputes and financial losses.。
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英文法律文书简明教程（十）
1. Avoid using contractions in formal writing.
A contraction is a combination of two words as one, such as “don’t,” “can’t,” and “isn’t.” The use of contractions is inappropriate in formal legal writing. Replace them with the two-word version of the contraction.
在正式写作中应避免使用缩写形式。
缩写即是将两个词合二为一，比如“don’t,” “can’t,”
和”isn’t”。
在正式的法律文书中使用缩写形式是不规范的。
Incorrect: He can’t guarantee that the defendant will appear because the defendant hasn’t called him in several days.
Correct: He can not guarantee that the defendant will appear because the defendant has not called him in several days.
2. Remember: “It’s” is the contraction of “it is.” The term “its” is the singular possessive of
“it.” The term “it’s,” by contrast, is the contraction of “it is.”
记住：“It’s”是“it is”的缩写形式，而“its”是“it”的单数所有格形式。
Correct use as Possessive: 所有格的正确使用：My ‘68 Mustang is on its last journey.
Correct use as Contraction: 缩写形式的正确使用：It’s a long way from Tipperary.
Cross References: Apostrophes, Possessives 参考：省略符号，所有格。