2019年法律英语：Memorandum Sample
法律英语BriefSample
法律英语：Brief SampleSUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF SAN FRANCISCOTIMOTHY TYLER, CASE NO. 1122-aPlaintiff, MEMORANDUM OF POINTS ANDvs. AUTHORITIES IN OPPOSITION TOEASTERN PACIFIC UNIVERSITY EASTERN PACIFIC UNIVERSITY S Defendant. MOTION FOR SUMMARY JUDGMENTⅠ. INTRODUCTIONPlaintiff, Timothy Tyler, submits this memorandum in opposition to Defendant Eastern Pacific University s motion for summary judgment. The statue of limitations was tolled in this action because Tyler had no reason to suspect fraud or to inquire further until he discovered the fraud in March 1993. This action therefore has been timely filed and is not barred.Ⅱ. STATEMENT OF FACTSTimothy Tyler was a member of his high school s varsity soccer team and was named to the state s All Star team. (Joint Stipulation of Facts 2) In 1988, during the fall of his senior year, Tyler was recruited to play soccer for Eastern Pacific University (Eastern) by Richard Cramer, a recruiter for Eastern Pacific University. Tyler had already accepted a full athletic scholarship to attend Yosemite College after graduation. (Joint Stip. 3, 5)In the course of their discussion, Cramer learned of Tyler s desire to obtain a graduate degree from the Global Policy Studies (GPS) program at Eastern. Cramer told Tyler that Eastern had a policy of giving priority to its own graduates in admission to the GPS program. Cramer admits that he had no idea whether the GPS program had such a policy and made this statement only to induce Tyler to play soccer for Eastern. (Joint Stip. 9) Tyler had previously spoken with the staff of the GPS program and on such policy had been mentioned. That discussion with GPS program and on such policy had beenmentioned. That discussion with GPS program and on such policy had been mentioned. That discussion with GPS staff had concerned the excellence of the program and the high caliber of student the program was able to attract. (Joint Stip. 10)Tyler subsequently declined the scholarship to Yosemite College and enrolled at Eastern. Since no scholarships were available, he financed his education by working part-time and taking out substantial loans. Tyler was able to obtain a position as a student assistant in the GPS program. (Joint Stip.5) Although he assisted the admissions secretary during his freshman year, his responsibilities for applications and mailing letters as he was instructed by the secretary. Tyler was not involved in admissions decisions or aware of how they were made. The priority admissions policy was never mentioned during the course of his employment. (Joint Stip. 6)In October 1992, Tyler applied for admission to the GPS program. When his application was denied in March 1993, Tyler discovered for the first time that Cramer had deceived his regarding the admissions policy. (Joint Stip. 11) Tyler promptly filed this action in October of 1993 to recover the damages incurred as a result of Cramer s deception.Ⅲ. ARGUMENTTYLER S ACTION FOR FRAUD WAS FILED WITHIN THE THREE-YEAR PERIOD ALLOWED BY THE STATUTE OF LIMITATIONS BECAUSE HE DID NOT DISCOVER UNTIL MARCH 1993 THAT HE HAD BEEN MISLED AND COULD NOT REASONABLY HAVE DISCOVERED THE FRAUD EARLIER.The statute of limitations for fraud does not begin to run until the discovery, by the aggrieved party, of the facts constituting fraud. Cal. Civ. Proc. Code 338.(d) (West 1985 & Supp. 1994). Discovery occurs when the plaintiff obtains information sufficient to make a reasonably prudent person suspicious of fraud, thus putting him on inquiry. National Auto. & Casualty Ins. Co. v. Payne, 261 Cal. App. 2d 403. 409, 67 Cal. Rptr. 784, 788 (1968). When a plaintiff has no reason to suspect fraud, however, the statute of limitations does not begin to run. Seeger v. Odell, 18 Cal. 2d 409, 115 P. 2d 977 (1941); Hobart v. Hobart Estate Co., 26 Cal. 2d 412, 159 P. 2d 958 (1945).Seeger and Hobart are controlling here. In Seeger, an elderly couple was misled about an execution sale of their real estate by the defendants attorney, who as an attorney, he knew all the pertinent facts about the sale. 18 Cal. 2d at 412,115 p. 2d at 979. Similarly, in Hobart, the plaintiff was misled about the market value of his stock by the attorney who had represented his family s business for a long time. In both cases, the plaintiffs had no reason to suspect that they had been misled. And in both cases. The court held that the statute was tolled until the plaintiffs obtained information indicating that the attorneyshad lied. Hobart, 26 Cal. 2d at 441, 159 p. 2d at 974; Seeger, 18 Cal, 2d at 418, 115 p. 2d at 982.Tyler was similarly misled by someone who held himself out to be an expert. Tyler, a high school senior, had no reason to suspect that a recruiter employed by Eastern would lie to him about its admissions policy, just as the plaintiffs in Seeger and Hobart had no reason to suspect that the attorneys would lie to them. Thus, the statute did not begin to run Tyler discovered Cramer s fraud in March of 1993.Eastern s reliance on Bedolla v. Logan & Frazer, 52 Cal. App. 3d 118, 125 Cal. Rptr.59 (1975), and National Automobile & Casualty Insurance Co. v. Payne is misplaced. In these cases, the plaintiffs were either aware of other wrongdoing by the defendants that should have aroused suspicion or were in a position to know the information that disclosed the fraud. In Bedolla, the court held that the plaintiff general partners should have suspected more wrongdoing on the part of the defendant accounting firm when the partners were already aware of other discrepancies in the books kept by the firm. 52 Cal. App. 3d at 130, 125 Cal. Rptr. at 68. And in Payne, the court held that members of a board of directors had a duty to discover a fraudulent sale of stock options that was contained in the corporate books. 261 Cal. App. 2d at 414, 67Cal. Rptr. at 791.Tyler, on the other hand, had no reason to suspect that Cramer had lied tohim. His previous discussion with the staff of the GPS program had disclosed only that many of its students were honor graduates from major universities. There was no discussion regarding the preferential admissions policy. Unlike the defendants in Bedolla, Tyler had no information that should have led him to suspect fraud.Tyler s situation is also very different from that of the directors in Payne, who had a fiduciary responsibility to know the contents of the corporation s books. Tyler, a part-time student worker, had no responsibility to learn how admissions decisions were being made. His job was to complete the various clerical tasks assigned to him by the secretary in the GPS program.Tyler has been harmed by the deliberate deception Cramer used to induce him to attend Eastern for the benefit of its soccer team. He should not be barred from recovering for the damages he has incurred because it took four years for the truth to come to light. As observed by the court in Twining v. Thompson, 68 Cal. App. 2d 104, 113, 156 P. 2d 29, 34 (1945):The courts do not lightly seize upon small circumstances in order to deny an award to an innocent victim of a fraud upon the ground that he did not discover the fraud sooner.Since Tyler had no reason to suspect the lack of a priority admissions policy before his application was rejected, the statute of limitations began to run only in March 1993. This action therefore is timely.Ⅳ. CONCLUSIONFor the reasons stated herein, Eastern s motion for summary judgment should be denied.Dated: March 17, 1994HERNANDEZ & CRUZByMaria HernandezAttorneys for PlaintiffTimothy Tyler。
法律英语词汇学习
法律英语词汇学习1. 引言法律英语是法律学习的重要组成部分，掌握法律英语词汇是理解和运用法律文件的基础。
本篇文档将介绍一些常用的法律英语词汇，帮助读者更好地理解和运用法律英语。
2. 常用法律英语词汇2.1 法律文件在学习法律英语之前，首先需要了解一些常见的法律文件类型。
以下是一些常用的法律文件的英文表达：•Constitution: 宪法•Statute: 法令•Regulation: 规定•Ordinance: 条例•Decree: 法令/法令书•Directive: 指令•Treaty: 条约•Agreement: 合同•Contract: 合同•Memorandum of Understanding (MoU): 谅解备忘录2.2 法律流程和程序学习法律英语，也需要了解一些常见的法律流程和程序。
以下是一些常用的法律流程和程序的英文表达：•Lawsuit: 诉讼•Hearing: 审理/听证会•Trial: 审判•Appeal: 上诉•Verdict: 裁决•Judgement: 判决•Defendant: 被告•Plntiff: 原告•Witness: 证人•Subpoena: 传票•Petition: 请愿•Settlement: 和解2.3 法律术语掌握常用法律术语对理解法律文件和案件非常重要。
以下是一些常见的法律术语的英文表达：•Legal liability: 法律责任•Breach of contract: 违约•Intellectual property: 知识产权•Tort: 侵权行为•Negligence: 过失•Force majeure: 不可抗力•Injunction: 禁令•Liability insurance: 责任保险•Statute of limitations: 诉讼时效•Confidentiality agreement: 保密协议•Arbitration: 仲裁3. 学习方法3.1 阅读法律文件阅读法律文件是学习法律英语的重要方法之一。
MemorandumofLaw法律意见书
MemorandumofLaw法律意见书Memorandum of Law 法律意见书According to the objects to whom the memo is issued, it is divided into two categories: “internal or office memorandum”(hereinafter referred to as “office memo”), and “external memo”第一节对内法律意见书Office MemoThe structure of an office memo1 Heading (抬头)2 Statement of Facts (事实陈述)3 Statement of Issues (案件焦点陈述)4 Short Answer (简要回答)5 Applicable Statutes or Cases (适用的法律)6 Discussion （案件分析讨论）7 Conclusion and Recommendation (结论和建议)1 HeadingOffice Memorandum of LawTo: Mao Hua, PartnerFrom: Gao Yueqiang, Junior Associate Assignment Date: June 1, 2003Submission Date: July 1, 2003Case: China Veture Tech, Inc. v. Banco Pupula,N.A.Docket Number: 03-C00178NYSOffice File Number: 03-L016GYRe: Whether substitute service is allowed underthe Civil Procedure Law of the People’sRepublic of China2 Statement of AssignmentStatement of AssignmentYou have asked me to prepare a memorandum of law limited to the question of whether our client,Mr. Defendant, has breached the contractbetween him and Ms. Plaintiff by directinghis sales agent to withhold payment untilSARA has been effectively controlled inChina. Specifically, you asked me todiscuss the applicability of the UnitedNations Convention on Contracts for theInternational Sale of Goods (简称CISG,联合国国际货物销售合同公约)3 Statement of Factsa.列举式Statement of FactsYear 2000On December 7: Tianjin Co. (hereafter: Claimant) emailed Shanghai Co. (hereafter: Respondent), confirming the agreement reached through tele-conference earlier in the morning. Claimant assured that Respondent would always receive the “best price”and identified this price as 8% lower than the ordinary price quoted to Claimant’s o ther clients.On December 15: Respondent faxed Claimant a purchase order, which was quickly acknowledged by Claimant. No shipping and payment procedures were specified.On December 27: Claimant express-mailed Respondent a standard contract in which an arbitration agreement designating a non-existing arbitration institution and a choice-of-law clause was incorporated. However, said contract did not contain the 8% discount as earlier agreed upon.b.陈述式Statement of FactsOn December 7, 2000, Tianjin Co., hereafter Claimant, reached an agreement with Shanghai Co., hereafter Respondent, through tele-conferencing. Claimant assured that Respondent would always receive the “best price”and identified this price as 8% lower than the ordinary price quoted to Claim ant’s other clients. Immediately thereafter, Respondent faxed Claimant a confirmation letter.Eight days later, Respondent faxed Claimant a bare purchase order containing no shipping or payment procedures, which order was quickly acknowledged by Claimant. Claimant, in addition, express-mailed Respondent a standard contract in which an arbitration agreement designating a non-existing arbitration institution and a choice-of-law clause was incorporated. However, said contract did not contain the 8% discount as earlier agreed upon.E.g.The Initial Agreement:On December 7, 2001, Tianjin Co., hereafter CLIMANT, reached an agreement with Shanghai Co., hereafter RESPONDENT, through tele-conferencing. CLIMANT assured that RESPODENT would always receive the “best price” and identified this price as 8% lower than the ordinary price quoted to CLIMANT’s other clients. Immediately thereafter, RESPONDENT faxed CLIMANT a confirmation letter.The Subsequent Order: Eight days later, RESPONDENT faxed CLIMANT a bare purchase order containing no shipping or payment procedures, which order was quickly acknowledged by CLIMANT. CLIMANT, in addition, express-mailed RESPODENT a standard contract in which an arbitration agreement designatinga non-existing arbitration institution and a choice-of-law clause was incorporated. However, said contract did not contain the 8% discount as earlier agreed upon.4 Statement of Issues5 Short Answer or Brief AnswerStatement of Issue: Under California law that may hold a bartender liable for negligently selling alcohol to a driver, is Ms. Bartender Zhang liable for injuries caused by her customer in an automobile accident after she served him two drinks even though he was visibly intoxicated already?Short Answer: Yes. Ms. Bartender Zhang is liable for the victim’s injuries because she negligently served two drinks to the driver customer who was already visibly intoxicated.6 Applicable Law许多律师事务所要求在office memo 中列明所适用的成文法规定所列法律条文应加双引号，并用单倍行距7 Discussion or AnalysisIRAC= Issue, Rules, Application, and ConclusionThe issue here is whether the bankruptcy code exempted from discharging( 不能通过破产免除……债务) a judgment obtained a doctor who had deliberately chosen a less effective course of treatment in order to save the client money [R] 11 U. S. C. §523 (a) (6) makes non-dischargeable (使不能免除……债务) any debt “ for willful or malicious injury by the debtor to another” [A] The plaintiff argued that the doctor’s willful decision to use a cheaper method of treating plaintiff’s injury qualified as deliberate under the statute. However, the court said that the section 523(a) (6) should be read as essentially identical to the category of intentional torts. In an intentional tort, the actor intends to cause the injury. Here, the doctor did an intentionalact which injured the plaintiff, but the doctor did not intend to injure her. [C] Thus, the plaitiff’s judgment against the doctor was dischargeable through bankruptcy proceeding分解方法The first issue to be discussed in this memo is the applicability of CISG Article 14 (1), which provides that “ [a] proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offer to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provisions for determining the quantity and the price.”Here, four requirements must be established before a proposal can constitute an offer:1.The proposal must be addressed to one or more specific persons;2.The proposal must indicate the intention of the offer to be bound in the case of acceptance;3.The proposal must indicate the goods;4.The proposal must expressly or implicitly fix or provide for determining the quantity and theprice.I will discuss each of these requirement separately. Regarding the first requirement……8 General Conclusion & RecommendationConclusionA motion to disqualify counsel under the advocate-witness rule(代理人和证人不得为同一人原则) is dependent on the facts, and thus Carter’s probable testimony must be flushed out(被排除). Based on current information, it is unlikely that the court would find that Carter ought to testify. Our ability to successfullymove to disqualify appears significantly greater under the prejudice test(证据偏见衡量标准). If Carter ought to testify on behalf of his clients or might testifyprejudicially to his clients ( 对其当事人不利的作证), it might still be possible to move to limit his participation to pro se representation (自我代理). Moreover, it is possible that even his pro se representation could be barred, if not totally, them at least from trial advocacy(庭内辩护).建议部分：Generally speaking, you are to give recommendations concerning the following aspects:1.What do you recommend as a result of the analysis and conclusion you have presented?2.What do you think are the next steps?3.Should a suit be filed?4.Should further investigation be undertaken?5.Should further research be taken?第二节对外法律意见书External MemoThe Format and Contents of External Memo:＊Cover Page (Caption) (封面)＊Table of Contents (目录)＊Table of Authorities ( 引用表)＊Statement of Jurisdiction ( 法院管辖依据)＊Statement of Issue (s) (焦点陈述)＊Statement of Facts (事实陈述)＊Summary of Argument (Short Answer) ( 论点总结)＊Introduction (引言)＊Argument (分析)＊Conclusion (结论)＊Signature Section (签字)＊Certificate of Service (证明书)＊Addendum (附件)1 封面2 目录和引文表3 法院管辖权依据Statement of JurisdictionStatement of JurisdictionThe Court of Appeals for the State of Minnesota has jurisdiction to hear this appeal because an order denying a motion to dismiss for lack of personal jurisdiction is appealable as a matter of right (上诉法院必须接受的上诉，即法定上诉权) Domtar, Inc. v. Niagara Fire Ins. Co., 518 N. W. 2d 58, 60 (Minn. App. 1994).4 焦点问题陈述Statement of Issue5 事实陈述Statement of Factse.g. (1) In order to attend a party that evening, Ms. Liu locked her two infants in her apartment. A fire broke out early in the morning and quickly engulfed the two helpless kids.(2) In the case at bar (在本案中), the defendant mother was preoccupied with her own plans to attend a party that evening. She left her two infants, aged five and three, alone in her apartment, locked in the bedroom, until morning. No one else was in the apartment when the fire broke out. None of the neighbors could reach the children because their mother had bolted the front door. The children could not get out of the bedroom because their mother had wedged a chair under the outside of the bedroom door to keep the children from leaving.（3）It is difficult to conceive a more graphic example of the term “abandon”than that which is presented here, where mere infants were rendered pitifully vulnerable to the dangers of the night as a result of the preoccupation of a mother with herpersonal pleasures.6 论点总结Summary of ArgumentSummary of ArgumentPlaintiff should be entitled to an equitable increase (合理增加) in its fixed fee based on the costs of the eight-month extension of management and support services that it provides as a result of the government’s change orders. In addition, the costs that Plaintiff incurred for 22 months of extended management and support services as a result of the government’s delay provide a basis for an increase in fee. T his increase is warranted because the contract establishes time of performance as a crucial element in defining the scope of work. In view of the above reason, Defendant’s motion to dismiss should be denied.7 分析和辩论ArgumentI.THE TRIAL COURT ABUSED ITS DISCRETION BECAUSE IT AW ARDEDCUSTODY TO AN ALCOHOLIC MOTHER……A.The Trial Court Did Not Consider the Best Interests of the Child Because It Ignored theFather’s Good Character and Financial Strength……(1)The child has manifested his willingness to live with his father.……@@@ IRAC rules may also be used in this part, or CRAC rules may be used according to the circumstances. 请对比下列和本章前节IRAC 例子在语言效果上的差别：CARC[C] The tort judgment against the debtor should be discharged. [R] Plaintiff argue that the debt is non-dischargeable under Section 523 (a) (6) of the bankruptcy, which exempts from discharge any debt” for willful or malicious injury by the debtor to another. “However, this case is controlled by Kawaauhau v. United States, 3001 U. S. 7418 (1998), in which the Supreme Court held that the exemption of Section 523(a) (6) limited to intentional torts. [A] In Kawaauhau, the debtor was a doctor who had knowingly prescribed a less effective course of treatment to the plaintiff in orderto save money. The plaintif fs argued that the doctor’s decision was “willful” for the purpose of Section 523(a) （6）. However, the court said that the exemption was limited to intentional torts. Even though the doctor knowingly rendered less effective treatment, he did not intend to injure her. Thus, the tort judgment against him was held dischargeable. Similarly, in this case, the doctor was found to have knowingly driven with defective brakes, but the jury did not find that he intended to injure the plaintiff. His actions were negligent, perhaps even grossly negligent or reckless, but they do not constitute an intentional tort. [C] Thus, under Kawaauhau, this Court should discharge the tort judgment against the debtor.8 结论ConclusionConclusionFor the foregoing reasons, Counsel for Plaintiff prays that defendant’s motion to dismiss the case be denied.或者Request for ReliefIn the light of the submissions above, Counsel respectfully requests that this honorable court discharge the tort judgmentagainst the applicant.9 签字Signature结尾应当由律师或是代理人签字, 置于右下角，格式如下：Respectfully submitted this( date)-------------------------------------------(Your Name)Counsel for (Name of Client)Your Law FirmAddressPhone Number10 送达证明Certificate of ServiceCertificate of ServiceI hereby certify that on May 15, 2003, the foregoing Memorandum of Law, in support of Defendant’s Answer, was served by hand delivery, on Ms. Mao, the plaintiff, at her residency located at:71 Weijin Road, Tianjin. Suite 1000the People’s Republic of China. 300071。
法学考研必备——法律英语单词汇总
法学考研必备——法律英语单词汇总1. Abandon [ə'bændən]：放弃2. Abduction [æb'dʌkʃən]：绑架3. Accessory [ək'sesəri]：从犯4. Acquittal [ə'kwitl]：无罪判决5. Adjudication [ə,dʒudi'keiʃən]：裁决6. Affidavit [æfə'deivət]：宣誓书7. Agency ['eidʒənsi]：代理关系8. Appeal [ə'pi:l]：上诉9. Arbitration [ˌɑ:bɪ'treɪʃn]：仲裁10. Arrest [ə'rest]：逮捕11. Arson ['ɑ:sən]：纵火罪12. Assault [ə'sɔ:lt]：袭击13. Bankruptcy ['bæŋkrʌptsi]：破产14. Bona fide [ˌbəʊnə'faɪdi]：真实的15. Bribe [braib]：贿赂16. Capital punishment ['kæpətl 'pʌniʃmənt]：死刑17. Case [keis]：案件18. Civil law ['sɪvəl lɔ]：民法19. Claim [kleim]：要求20. Class action [klæs 'ækʃən]：集体诉讼23. Confidential ['kɔnfɪ'denʃl]：机密的24. Consent [kən'sent]：同意25. Consideration [kənˌsɪdə'reɪʃən]：对价26. Constitution [ˌkɔnstɪ'tʊʃən]：宪法27. Contract ['kɔntrækt]：合同28. Contrary ['kɔntrəri]：相反的29. Conviction [kən'vikʃən]：定罪30. Corroborating [kə'rɔbəreitiŋ]：证实的31. Court ['kɔ:rt]：法院32. Crime [kraim]：犯罪33. Criminal ['krɪmɪnəl]：犯罪的34. Damages ['dæmidʒiz]：损害赔偿35. Defendant [di'fendənt]：被告36. Defense [di'fens]：辩护37. Deposition [,depə'ziʃən]：证词38. Detention [dɪ'tenʃən]：拘留39. Disbarment [dɪs'bɑ:rmənt]：取消律师资格40. Discrimination [dɪɪskrɪmə'neɪʃən]：歧视41. Docket ['dɑkɪt]：案卷42. Due process [dju: 'prəʊses]：正当程序43. Eminent domain ['emɪnənt də'mein]：征用44. Enforce [ɪn'fɔ:s]：强制执行45. Evidence ['evɪdəns]：证据46. Extradition [ˌekstrə'dɪʃən]：引渡47. Felony ['feləni]：重罪48. Forfeit ['fɔ:fit]：没收49. Fraud [frɔ:d]：欺诈50. Guilty ['ɡɪlti]：有罪的51. Habeas corpus ['heibiəs 'kɔ:pəs]：人身保护令52. Hearing ['hɪərɪŋ]：听证会53. Immunity [ɪ'mju:nəti]：豁免权54. Indemnify [ɪn'dɛmnəˌfaɪ]：赔偿55. Indictment [ɪn'daɪtmənt]：起诉56. Injunction [ɪn'dʒʌŋkʃən]：禁令57. Judgment ['dʒʌdʒmənt]：判决58. Jurisdiction [,dʒurɪs'dɪkʃən]：管辖权59. Jus primae noctis [dʒʌs praimiː 'nɒktis]：初夜权60. Jury ['dʒʊəri]：陪审团61. Justice ['dʒʌstɪs]：公正62. Law ['lɔ:]：法律63. Lien ['li:ən]：留置权64. Litigation [ˌlɪtɪ'ɡeɪʃən]：诉讼65. Malfeasance [mæl'fi:zns]：渎职66. Manslaughter ['mænˌslɔ:tər]：过失杀人67. Negligence ['neɡlɪdʒəns]：过失68. Oath [əʊθ]：誓言69. Objection [əb'dʒekʃən]：异议70. Offender [ə'fendər]：犯罪者71. Ordinance ['ɔ:rdinəns]：法规72. Parole [pə'roʊl]：假释73. Pardon ['pɑrdn]：赦免74. Perjury ['pɜrdʒəri]：伪证罪75. Petit jury [ˈpɛti dʒʊəri]：陪审团76. Plaintiff ['pleɪntɪf]：原告77. Plea [pli:]：答辩78. Precedent ['prisɪdənt]：先例79. Preliminary [priː'limɪneri]：初步的80. Probate ['probeit]：遗嘱认证81. Pro bono ['proʊˈboʊnoʊ]：免费的82. Prosecutor ['prɑsɪˌkjuːtər]：检察官83. Racketeering [ˌrækɪ'tiəriŋ]：敲诈勒索84. Rape [reɪp]：强奸85. Rebuttal [ri'bʌtl]：反驳86. Reasonable ['riznəbl]：合理的87. Rebuttable [rɪ'bʌtəbəl]：可辩驳的88. Sentence ['sen(t)əns]：判决89. Smuggling ['smʌɡlɪŋ]：走私90. Statute ['stæčut]：法令91. Subpoena [sə'pinə]：传票92. Summons ['sʌmənz]：传票93. Testimony ['testə'məʊnɪ]：证词94. Tort [tɔːrt]：侵权行为95. Trial ['traɪəl]：审判96. Trustee [ˌtrʌ'sti:]：受托人97. Unconstitutional [ˌʌnkɒnstɪ'tjuʃənl]：违宪的98. Verdict ['vɜrdɪkt]：裁定99. Victim ['vɪktɪm]：受害者。
律所 英文备忘里
律所英文备忘里律所的英文备忘录格式可以参考以下内容：1. 标题：Memorandum2. 收件人：相关人员或客户3. 日期：撰写备忘录的日期4. 主题：关于XXXX（具体事项）的备忘录5. 正文：备忘录的主要内容，包括事件背景、相关事项、重要信息等6. 结尾：感谢收件人的关注，如有疑问请及时联系等以下是一个示例：MemorandumTo: Client AFrom: Law Firm BDate: XXXX-XX-XXSubject: Memorandum on Contract Negotiation ProgressDear Client A,This memorandum is to inform you of the progress made in our contract negotiation with Party C. As of today, we have successfully reached an agreement on the main terms and conditions of the contract. However, there are a few minor points that still need to be finalized. We expect to complete the finalization of these points within the next week. We will keep you informed of any developments in this matter. Thank you for your attention and support. If you have any questions or concerns, please feel free to contact us.Best regards,Law Firm B。
法律写作TheOfficialMemorandum
up‘. Australian, 11 August, p.13. (Newspaper article)
法律写作TheOfficialMemorandum
Writing a prose summary (Precis)
• A prose summary is a condensed, paraphrased version of the original material which can be very useful to you for inclusion in essays and reports.
• Mention the important points raised or questions asked.
• Mention the 'sample' (ie the people who were interviewed) if important
• Concentrate on the main findings of the survey: do not try to report on every aspect, especially if it is highly complex
• When you write a memo, you will follow a general format. Your instructor or company may have specific requirements that you must use. For instance, a company might have a particular way of presenting a heading or may even use a specific type of letterhead or logo.
法律英语试卷试题及答案
法律英语试卷试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题（每空1分，共10分）11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题（每题5分，共20分）16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题（每题15分，共30分）20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题（共20分）22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案：一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。
法律英语备忘录-我写的
法律英语备忘录-我写的MEMORANDUMTo: JimFrom: Paul Student NO.: 2100070115Date: Dec. 20th,2010Re: LLM Final AssignmentFacts：Our client XYZ, a Florida Corporation, has entered into a contractwith Plaintiff Paul Posner. The contract contains a “Forum Selection” clause which states : “Except as otherwise expressly provided herein, all claims, disputes and other matters in question arising outof or relating to this Agreement, including the breach or interpretation hereof (collectively, “Disputes”), shall be brought in a Court located in Florida which Court shall have exclusive jurisdiction.”Now, Paul Posner, an Illinois resident, has filed a lawsuit in the United States Court for the Northern District of Illinois requesting the Court to enter a Declaratory Judgment finding that the‘forum selection’ provision of the Contract is unenforceable.Issue：1、Is “Forum Selection” clause enforceable or unenforceable?2、Is United States Court for the Northern District of Illinoisa proper venue to decide this case ?Rule of Law：Since its seminal decision in The Bremen v. Zapata Off-ShoreCo., 407 U.S. 1 (1972), the United States Supreme Court and Virginia Courts have consistently accorded choice of forum and choice of law provisions presumptive validity. see also Vimar Seguros Y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 538 (1995); Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991). This freedom to choose a forum is also recognized under Florida law, which the parties chose to use in resolving disputes under the Contract. See Paul Business Systems, Inc. v. Canon U.S.A., Inc., 397 S.E.2d 804, 807 (Va. 1990) (embracing "the modern view" that choice of forum clauses are "prima facie valid").Because the "choice of law" and "forum selection" clauses of the Contract are "prima facie valid," the Plaintiff has the "heavy burden of proof" of overcoming the presumption of enforceability. The court in Ashen den v. Lloyd’s of London held that Forum Selection clauses were prima facie valid and should be enforced unless shown to be unreasonable under those circumstances:(1) if their incorporation into the contract was the result of fraud, undue influence, or overweening bargaining power; (2) if the selected forum was so gravely difficult and inconvenient that the complaining party would for all practical purposes be deprived of its day in court; or (3) if enforcement of the clauses would contravene a strong public policy of the forum in which the suit was brought, declared by statute, or judicial decision.And Federal Rules of Civil Procedure 12 (b) (3) stetes that "improper venue" can be filed. If Pursuant chooses the court which is improper, his lawsuit will not be accepted.When, as here, jurisdiction is not founded solely on diversity of citizenship, venue is proper in either: (1) a judicial district where anydefendant resides or (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.28 U.S.C. 1391(b).Moreover, “once an objection to venue has been raised, the plaintiff bears the burden of establishing that venue isproper.”D'Anton Jos, S.L. v. Doll Factory, Inc., 937 F.Supp. 320, 321 (S.D.N.Y. 1996). Plaintiffs, therefore, bear the burden of establishing that a substantial part of the events giving rise to this lawsuit occurred in the Eastern District of New York. Id; see also French Transit, Ltd. v. Modern Coupon Systems, Inc., 858 F. Supp. 22, 25 (S.D.N.Y. 1994).Analysis：The "Forum Selection" clause at issue is contained in Section 22 of the Contract which our client entered into with Plaintiff on the Principle of Autonomy of will. Pursuant to this article, our client XYZ is herein endowed with a right of forum-selecting.In this case ,The plaintiff can not offer any evidence to prove that the “Forum Selection clause”does not satisfy the three circumstances mentioned above .what matters is not “it is in the interest of both Illinois and Florida for courts in Illinois to determine disputes brought by Illinois Citizens regarding Illinois contracts…” ,but that the plaintiff need to prove that the forum selection clause is unfair or will cause inconvenience .Where defendant challenges venue under Rule 12(b)(3), plaintiff has burden of proving that venue is proper in filing district. The “Forum Selection clause”is reasonable and enforceable because the plaintiff can not produce evidence to turn down it.And secondly if the clause is intended by the parties to be mandatory, each party hereby waives any right it may have to assert the doctrine of forum non convenience or similar doctrineor to object to venue with respect to any proceeding brought in accordance with this clause.Based on the analysis mentioned above, we know The “Forum Selection clause”is enforceable which will accordingly leading to the conclusion that The United States Court for the Northern District of Illinois is not a proper venue to decide this case because the defendant have to right to choose the court which of course will be the Florida court .Conclusion：According to the foregoing analysis, “Forum Selection” clause in this case is valid and enforceable. Illinois is “improper venue” and Florida is a proper venue in this case. The case shall be accepted and heard in a Florida court Florida court as true venue have the exclusive jurisdiction. Pursuant to FRCP 12 (b) (3), we can make a motion to dismiss for Illinois court lacking of proper venue.。
备忘录
法律备忘录格式规范MEMORANDUM OF LAW FORMAT关于格式规范的说明：在涉外法律文书写作时，Memorandum of Law （以下简称“memo”）是经常遇到的一个概念。
比如，我们在涉外律师事务所工作时，当我们的主任律师接到一项法律业务后，其中的一项工作就是要求事务所内的助理律师(associates) 草拟一个法律备忘录（memo）；当我们向法院提交起诉书（complaint）或答辩状（answer）时，通常需要就法律和事实递交一份陈述状（memo）；在庭审（court proceeding）中，向法院提交一项动议(motion) 时，也需要我们递交一份支持该动议的法律陈述状（memo of points and authorities）；当我们代理客户在参加一起国际商事仲裁（arbitration）时，仲裁机构也往往会要求当事方提交memo，以阐明自己的观点；甚至当我们代表国家在国际法院（International Court of Justice，简称“ICJ”）参加诉讼时，国际法院也会要求当事国提交一份“memorial”，这实际一种memo。
在我们国家的司法实践中律师的代理词与法律备忘录最为接近。
目前没有标准的或者唯一正确的法律备忘录格式规范。
许多大型的律师事务所和法学院都制定自己的法律备忘录格式规范。
这些格式规范可能有所差别。
英美国家法学院一般在一年级新生开设的Legal Research and Writing（法律研究与写作）课程中规范和训练法律备忘录的写作，部分教授根据自己课程的特点也会制定自己课程内的法律备忘录格式。
某些国际性模拟法庭辩论赛例如有50年历史的Philip C. Jessup International Law Moot Court Competition杰赛普国际法模拟法庭辩论赛和16年历史的Willem C. Vis International Commercial Arbitration Moot（国际商事仲裁模拟法庭）也制定了自己的法律备忘录格式作为参赛队提交的书面材料。
法律英语中的Legal Memo
法律英语中的Legal MemoA legal memo or a legal memorandum is a specific type of essay dealing with a legal issue. The legal memo is usually written and researched by a paralegal, a law student, or lawyer. It contains these basic elements: statement of facts, issues, conclusions, discussions of the law pertaining to facts, citations of previous applicable cases, and recommendations based on this discussion.Order of the information contained in a legal memo can differ. Usually one begins with a statement of facts. This section of the legal memo is usually a brief but succinct paragraph that states the relevant facts at hand. A statement of legal issues that underlie the facts tends to follow the statement of facts.At this point, a conclusion may be offered which will direct the discussion of previous cases dealing with the stated issues in the legal memo. Alternately, the conclusion may come at the end of a legal memo. Format depends upon the law firm for which one is practicing or working, or the way in which a law school dictates format if one is writing a sample legal memo. A conclusion can then be followed by a discussion of all relevant examples of law, or rulings that prove a conclusion and suggest logicalrecommendations. This section involves a great deal of research to show that the lawyer is justified in taking whatever position she does. Everything must be cited according to the preferences of the firm or school.Based on discussion and citation, the legal memo may conclude with recommendations on how to proceed, and how best to help a client with a legal issue. Generally, the legal memo is just a part of the legal process.A longer version of the legal memo, which may be presented to a judge when numerous decisions must be made, is a legal brief, citing all relevant sources that “prove” an attorney’s stance on the law. These briefs, like the legal memo, support arguments for certain kinds of rights and rulings accorded to a client.To the layperson, the legal memo is just one way in which lawyers gather research to effectively argue or settle a case. It is similar to a research paper, but tends to be organized into very clear sections, and is law specific.。
Memorandum ( 备忘录)
4. Discussion segments (body)
Including: 1) key findings or recommendations. 2) general information
5. Closing segment
Make sure to benefit the reader from the desired actions
The purpose of writing a memo
to inform to request action 要求相关的行动
to build up goodwill. 建立良好关系
The use of memos
1. For both internal and external communication. ＊ announce policies, ＊ disseminate information ＊ delegate responsibilities, ＊ instruct employees ＊ report the result of a research or an investigation. ＊ keep employees informed of company goals ＊ motivate employees to achieve the goals 2. Conveys the writer's point quickly and directly to the readers.
Learning contents
I．What is memos?
A memorandum is a clear，short，effective and concise document used for interoffice communication. It is commonly used for routine matters, conveying messages in writing for comments. Memorandums may be sent upward, downward or laterally within the organization．Most information transmitted within the office is by memorandums．
法律英语memo范文
法律英语memo范文Memorandum.To: Legal Counsel.From: Legal Intern.Date: March 10, 2023。
Re: Legal Memo on the Legal Implications of Employee Background Checks.Question: What are the legal implications of employee background checks?Answer:English Answer:Employee background checks are a common practice in theUnited States. Employers use them to screen potential employees for any criminal history, financial problems, or other issues that could pose a risk to the company. However, there are a number of legal implications that employers should be aware of when conducting background checks.The most important legal issue to consider is the Fair Credit Reporting Act (FCRA). The FCRA is a federal law that regulates the use of consumer credit information. Under the FCRA, employers must obtain written consent from job applicants before conducting a background check. The employer must also provide the applicant with a copy of the background report and a summary of their rights under the FCRA.In addition to the FCRA, there are a number of state laws that regulate employee background checks. These laws vary from state to state, but they generally require employers to:Only use information that is relevant to the job.Use reliable sources of information.Give the applicant an opportunity to review andcorrect the report.Make a decision based on the information in the report.Failure to comply with these laws can result in civil penalties, including fines and damages.中文回答：问，员工背景调查的法律含义是什么？答：员工背景调查是美国常见的做法。
法律英语答辩状范文
法律英语答辩状范文英文回答：Memorandum of Law.FROM: [Your Name]DATE: [Date]RE: Legal Defense Motion.FACTS:A brief summary of the relevant facts of the case. ISSUES:A list of the legal issues that are being raised in the motion.ARGUMENTS:A detailed explanation of the legal arguments that support the motion. This should include citations to relevant case law, statutes, and other legal authorities.Addressing any potential counterarguments and explaining why they do not apply to the present case.A clear statement of the relief that is being requested in the motion.CONCLUSION:A brief summary of the main arguments and a request for the court to grant the motion.中文回答：法律意见备忘录。
来自， [你的姓名]日期， [日期]主题，法律辩护动议。
事实：简要总结案件中的相关事实。
问题：列出动议中提出的法律问题。
论点：详细解释支持动议的法律论点。
这应包括对相关判例法、法规和其他法律权威的引用。
解决任何潜在的反驳意见，并解释为什么它们不适用于本案。
明确说明动议中请求的救济。
结论：对主要论点的简要总结和请求法院裁定动议。
memorandum 公司法
memorandum 公司法英文回答：Memorandum is a legal document that is commonly used in corporate law. It serves as a written record of important decisions, agreements, or discussions made within a company. It is typically used to communicate information or instructions to employees, shareholders, or other stakeholders.In the context of company law, a memorandum is often used to outline the structure and objectives of a company.It typically includes information such as the company's name, registered office address, share capital, and the objects or purposes for which the company is formed. This information is important for shareholders and potential investors to understand the nature and scope of thecompany's business.For example, let's say a group of entrepreneurs wantsto start a technology company. They would need to draft a memorandum that outlines the name of the company, its registered office address, and the objectives of the company, such as developing and selling software products. This memorandum would be filed with the relevant government authorities to officially establish the company.In addition to outlining the structure and objectives of a company, a memorandum can also be used to document important decisions or resolutions made by the company's directors or shareholders. For example, if the directors decide to issue new shares or enter into a major contract, a memorandum can be used to record and communicate these decisions to the relevant parties.Overall, a memorandum is an important legal document in company law that helps to establish and communicate the structure, objectives, and decisions of a company.中文回答：备忘录是一种在公司法中常用的法律文件。
2020年Memorandum样本
Memorandum样本MemorandumTo: Ms. Vasumathi SureshFrom: Kavitha RamasamiDate: March 22, 2001Re: Job prospects for a foreign attorney in the United States FactsMs. Vasumathi Suresh, an attorney with offices in the city of Madras, India, has requested information regarding employment prospects for foreign attorneys residing in the United States. Ms. Vasumathi Suresh is 36 years old and is licensed to practice law in the State of Tamil Nadu, India.Ms. Suresh has experience practicing in the fields of corporate law, international law, estate planning, property and family law. Her knowledge of corporate and international law has been widely recognized by judges, legal experts, and the editors of various legal journals. She is considered an expert in the field of investments and also serves on the board of directors for a number of leading companies in India.Ms. Vasumathi Suresh has traveled widely to many countries such as Brazil, China, Finland, France, Germany, Indonesia, Italy, Japan, Lithuania, Philippines, Russia, Singapore, United Arab Emirates,United Kingdom and United States, to study the business investments and corporate law of those countries.As the author for eight books dealing with various aspects of international law investments, trade relations, corporations, and business transactions, Ms. Suresh has benefited from numerous educational courses in a number of countries (Brazil, China, Finland, France, Germany, Indonesia, Italy, Japan, Lithuania, Philippines, Russia, Singapore, United Arab Emirates, United Kingdom, and United States). She has also written many articles which have been frequently cited in court opinions and published in respected magazines. Ms. Suresh has received a number of professional awards from both the government and business sector in her country and is currently contemplating a career move.Ideally, Ms. Suresh would be interested in exploring job opportunities in the city of Chicago, Illinois, Chicago has a sizable Indian community and Ms. Suresh would like to offer her skills as a consultant to Americans interested in developing business ties with her country.Issues(1) Is Ms. Suresh eligible for employment in Illinois as a foreign legal consultant？(2) Would Ms. Suresh be qualified, as a foreign attorney, torepresent clients before the court of Illinois？Brief AnswersMs. Suresh can work as a foreign legal consultant in the state of Illinois. She can advise on Indian law but not United States law. As a requirement for being licensed as a foreign legal consultant, Ms. Suresh must prove 1) good standing as an attorney in India, for a period of not less than five of seven years immediately preceding the date of her application； and 2) good moral character and fitness requisite for a member of the bar of the state of Illinois.Ms. Suresh s also eligible to appear in the courts as a foreign attorney in isolated cases by filing the motion of pro hac vice, which if granted by the court, can appear in the court for the particular case, whereas Ms. Vasumathi Suresh can neither practice as an attorney on a regular basis advising clients on United States law nor can take the bar exam and practice in the state of Illinois.Relevant RulesThe relevant rules are attached in the appendix to this memorandum.DiscussionA foreign attorney who has good moral character and the required documentary evidence may be licensed in Illinois as a “foreign legal consultant” without having to take any examination. She may a lso be able to appear in court as a foreign attorney on an isolated case byspecial permission of the court.(1) Foreign Legal ConsultantMs. Vasumathi Suresh can get license as a foreign legal consultant. According to Illinois Supreme Court Rule 712: The Supreme Court in its discretion may license a foreign attorney to practice as a foreign legal consultant on foreign and international law without examination, provided the foreign attorney has engaged in the practice of law and has a good standing, for a period of not less than five of the seven years immediately preceding the date of application, Ms. Suresh should have the requisite documents complying with the immigration laws of the United States and also evidence of good moral character.Reciprocity is also considered as to whether the country of the applicant will allow the member of the bar of Illinois to establish an office for giving legal advice. India permits attorneys from United States to set up an office in India. Ms. Vasumathi Suresh is thus fully eligible to practice as a foreign legal consultant as far as reciprocity is concerned.The rules also require the applicant to “fi le with the Supreme Court or its designee the proof such as 1) certificate from the authority in foreign country having final jurisdiction over professional discipline, certifying the applicant’s admission to the practice, date of admission and also his or her good standing as such attorney, 2) aletter of recommendation from one of the members of the executive body of such authority or from one of the judges of the highest law courts (in the case of India, a judge from Supreme Court of India). 3) evidence of citizenship, educational, professional qualifications, age and period of actual practice in the foreign country (India), 4) affidavits of reputable persons as evidence of applicant’s good moral and general fitness, and 5) summary of law and customs of such foreign country regarding the opportunity afforded in such foreign country, to the member of the bar of Supreme Court to establish offices in such foreign country.”If it is difficult or could cause any hardship for Ms. Vasumathi Suresh t receive a letter from Supreme Court of India from getting such a letter and may permit Ms. Vasumathi Suresh to produce some other evidence in respect of the same.Under Rule 713 (b) (3), Ms. Suresh should file the following along with her application for the license of foreign legal consultant: (ⅰ) Affidavits of three reputable persons who are residents of Illinois, and two of the three should be practicing attorneys. The affidavits should state the good moral character of Ms. Suresh and her fitness to practice as a foreign legal consultant； and (ⅱ)Affidavits from two attorneys or counselors at law in India. The affidavits have to state their acquaintance with Ms. Suresh. Theaffidavits should also state Ms. Suresh’s good standing in the bar and her good moral character. Ms. Vasumathi Suresh must also provide her university and law school certificates along with the application for the license of foreign legal consultant.Ms. Suresh must file the application and supporting documents in the office of the Clerk of Supreme Court. There will be an advance fee of $150, which must be paid to the treasurer of the board of admissions to the bar.A licensed foreign legal consultant may give advice only on the law of the foreign jurisdiction. The consultant may not give legal advice or prepare any documents with respect to United States law.(2) Appearing in the Court in Isolated CasesUnder rule 707 (3), Ms. Suresh can appear or participate before the court in trial or in the argument of any specific case for which she has been employed. In order to represent the Client before the court, Ms. Suresh has to file a Motion of pro hac vice. If the motion is granted, Ms. Suresh can only participate in the case for which motion is granted and not in any other cases.ConclusionMs. Vasumathi Suresh can apply for a license as a foreign legal consultant in the state of Illinois. She can give professional advice in the state of Illinois only on Indian law. She can also representclients in courts of the state of Illinois in isolated cases, if the court grants a motion to appear pro hac vice.。
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2019年法律英语：Memorandum SampleMemorandumTo: Ms. Vasumathi SureshFrom: Kavitha RamasamiDate: March 22, 2001Re: Job prospects for a foreign attorney in the United StatesFactsMs. Vasumathi Suresh, an attorney with offices in the city of Madras, India, has requested information regarding employment prospects for foreign attorneys residing in the United States. Ms. Vasumathi Suresh is 36 years old and is licensed to practice law in the State of Tamil Nadu, India.Ms. Suresh has experience practicing in the fields of corporate law, international law, estate planning, property and family law. Her knowledge of corporate and international law has been widely recognized by judges, legal experts, and the editors of various legal journals. She is considered an expert in the field of investments and also serves on the board of directors for a number of leading companies in India.Ms. Vasumathi Suresh has traveled widely to many countries such as Brazil, China, Finland, France, Germany, Indonesia, Italy, Japan, Lithuania, Philippines, Russia, Singapore, United Arab Emirates, United Kingdom and United States, to study the business investments and corporate law of those countries.As the author for eight books dealing with various aspects of international law investments, trade relations, corporations, and business transactions, Ms. Suresh has benefited from numerous educational courses in a number of countries (Brazil, China, Finland, France, Germany, Indonesia, Italy, Japan, Lithuania, Philippines, Russia, Singapore, United Arab Emirates, United Kingdom, and United States). She has also written many articles which have been frequently cited in court opinions and published in respected magazines. Ms. Suresh has received a number of professional awards from both the government and business sector in her country and is currently contemplating a career move.Ideally, Ms. Suresh would be interested in exploring job opportunities in the city of Chicago, Illinois, Chicago has a sizable Indian community and Ms. Suresh would like to offer her skills as a consultant to Americans interested in developing business ties with her country.Issues(1) Is Ms. Suresh eligible for employment in Illinois as a foreign legal consultant?(2) Would Ms. Suresh be qualified, as a foreign attorney, to represent clients before the court of Illinois?Brief AnswersMs. Suresh can work as a foreign legal consultant in the state of Illinois. She can advise on Indian law but not United States law. As a requirement for being licensed as a foreign legal consultant, Ms. Suresh must prove 1) good standing as an attorney in India, for a period of not less than five of seven years immediately preceding the date of her application; and 2) good moral character and fitness requisite for a member of the bar of the state of Illinois.Ms. Suresh s also eligible to appear in the courts as a foreign attorney in isolated cases by filing the motion of pro hac vice, which if granted by the court, can appear in the court for the particular case, whereas Ms. Vasumathi Suresh can neither practice as an attorney on a regular basis advising clients on United States law nor can take the bar exam and practice in the state of Illinois.Relevant RulesThe relevant rules are attached in the appendix to this memorandum.DiscussionA foreign attorney who has good moral character and the required documentary evidence may be licensed in Illinois as a “foreign legal consultant” without having to take any examination. She may also be able to appear in court as a foreign attorney on an isolated case by special permission of the court.(1) Foreign Legal ConsultantMs. Vasumathi Suresh can get license as a foreign legal consultant. According to Illinois Supreme Court Rule 712: The Supreme Court in its discretion may license a foreign attorney to practice as a foreign legal consultant onforeign and international law without examination, provided the foreign attorney has engaged in the practice of law and has a good standing, for a period of not less than five of the seven years immediately preceding the date of application, Ms. Suresh should have the requisite documents complying with the immigration laws of the United States and also evidence of good moral character.Reciprocity is also considered as to whether the country of the applicant will allow the member of the bar of Illinois to establish an office for givinglegal advice. India permits attorneys from United States to set up an office in India. Ms. Vasumathi Suresh is thus fully eligible to practice as a foreign legal consultant as far as reciprocity is concerned.The rules also require the applicant to “file with the Supreme Court or its designee the proof such as 1) certificate from the authority in foreign country having final jurisdiction over professional discipline, certifying the applicant’s admission to the practice, date of admission and also his or her good standing as such attorney, 2) a letter of recommendation from one of the members of the executive body of such authority or from one of the judges of the highest law courts (in the case of India, a judge from Supreme Court of India). 3) evidence of citizenship, educational, professional qualifications, age and period of actual practice in the foreign country (India), 4)affidavits of reputable persons as evidence of applicant’s good moral and general fitness, and 5) summary of law and customs of such foreign country regarding the opportunity afforded in such foreign country, to the member of the bar of Supreme Court to establish offices in such foreign country.”If it is difficult or could cause any hardship for Ms. Vasumathi Suresh t receive a letter from Supreme Court of India from getting such a letter and may permit Ms. Vasumathi Suresh to produce some other evidence in respect of the same.Under Rule 713 (b) (3), Ms. Suresh should file the following along with her application for the license of foreign legal consultant:(ⅰ) Affidavits of three reputable persons who are residents of Illinois, and two of the three should be practicing attorneys. The affidavits should statethe good moral character of Ms. Suresh and her fitness to practice as aforeign legal consultant; and(ⅱ)Affidavits from two attorneys or counselors at law in India. Theaffidavits have to state their acquaintance with Ms. Suresh. The affidavits should also state Ms. Suresh’s good standing in the bar and her good moral character. Ms. Vasumathi Suresh must also provide her university and lawschool certificates along with the application for the license of foreignlegal consultant.Ms. Suresh must file the application and supporting documents in the office of the Clerk of Supreme Court. There will be an advance fee of $150, which mustbe paid to the treasurer of the board of admissions to the bar.A licensed foreign legal consultant may give advice only on the law of the foreign jurisdiction. The consultant may not give legal advice or prepare any documents with respect to United States law.(2) Appearing in the Court in Isolated CasesUnder rule 707 (3), Ms. Suresh can appear or participate before the court in trial or in the argument of any specific case for which she has been employed. In order to represent the Client before the court, Ms. Suresh has to file a Motion of pro hac vice. If the motion is granted, Ms. Suresh can onlyparticipate in the case for which motion is granted and not in any other cases.ConclusionMs. Vasumathi Suresh can apply for a license as a foreign legal consultant in the state of Illinois. She can give professional advice in the state ofIllinois only on Indian law. She can also represent clients in courts of the state of Illinois in isolated cases, if the court grants a motion to appearpro hac vice.。