法律体系英文介绍【精品】
Unit 1 Legal Systems
Unit 1 Legal SystemsText AText translation由于美国实行联邦制，美国人通常会意识到不同管辖区的法律可能会有所不同。
从政治上而言，每一个独立的司法管辖区都有自己独立的法律制度的说法是很正确的。
但是，在法律传统和法律方法方面，世界上大多数的法律制度都可以归于为数不多的几个法律传统之一。
在西方以及在世界上那些被殖民化的或受到西方强烈影响的地区，存在着两个主要的法律传统或者法系——大陆法系和普通法系。
美国的法律制度属于普通法系（路易斯安那州除外）。
这篇文章为你介绍普通法系和大陆法系的起源和发展，以及这两大法系之间的主要区别，尤其是法律方法方面的区别。
1. 两大法系的起源以及它们在世界各地的分布情况1）普通法系普通法系起源于英国。
早在1066年，一种新的法律秩序就由威廉征服的英国所建立。
但在1066年，普通法并不存在。
征服者威廉（英王威廉一世）并没有废除地方的习惯法和法院。
地方法院继续适用当地的习惯法。
对于整个王国来说并没有统一适用的法律。
尽管如此，国王还是在威斯敏斯特建立了一些王室法院。
它们最初的管辖权是很有限的，但是最终扩大到使地方法院被废止。
王室法院的判决成为整个王国通行的法律，即普通法。
普通法的渊源是先前的判例，因而普通法最主要的传统意义上的渊源是判例而不是立法，这一点是很正确的。
当普通法发展成为一整套不公正的、非常严格的正式的程序时，国王创设了新的法院而不是以立法的形式修改法律。
当一个臣民认为普通法的判决导致了不公正的结果时，他（在这种时候通常不是她）会向国王请愿。
请愿是如此之多，以至于国王创设了衡平法院。
它会准许酌情的救济以修正普通法。
这个法院判决产生了一系列可被称为衡平法的法律。
这种衡平法也是建立于先前的司法判例的基础之上的。
普通法和衡平法都是普通法系传统的部分。
大不列颠帝国把普通法带到了世界各地。
普通法在许多国家得以“继受”。
但它的继受在欧洲殖民者成为主要居民并且将他们的法律强加于当地的土著居民的那些国家中最为成功。
法律体系
第三，法学体系反过来也会成为法律体系发生变化的原因和根据，这表现为两个方面：①法学的研究结果， 会促成新的法律的产生，补充和调整原有法律体系的内容和结构②法学关于“法律体系”的学术研究，也会改变 原有的法律体系布局和结构，使法律体系重新布局，以适应变化了的客观情势和认识的发展要求。
美国法律
联邦主义是美国宪法的基本原则之一。联邦制的国家结构形式，导致了美国法律体系的庞杂性，本文打算论 述美国宪法联邦主义产生的历史背景、联邦主义的原则、联邦法和州法的关系及其体系。
历史背景
美国人民反对英国殖民统治的独立战争的胜利产生的一个极为重要的观念是，耗费如此之多的资源和鲜血进 行长期的斗争，就是为了争取自由、保卫自由，美国将成为一个空前的自由乐土，法院的法官很快就在司法实践 中贯彻这一原则，根据普遍的自由权利和国家法律，根据自由和正义的观点来判决案件。然而在十八世纪末和十 九世纪初，法学家们、政治家们都不适应于美国自由制度的法律。这种自由主义从各方面影响了法律的变革。
中国法律
经济法中国特色社会主义法律体系，是指适应我国社会主义初级阶段的基本国情，与社会主义的根本任务相 一致，以宪法为统帅和根本依据，由部门齐全、结构严谨、内部协调、体例科学、调整有效的法律及其配套法规 所构成，是保障我们国家沿着中国特色社会主义道路前进的各项法律制度的有机的统一整体。这个体系由法律、 行政法规、地方性法规三个层次，宪法及宪法相关法、民法商法、行政法、经济法、社会法、刑法、诉讼与非诉 讼程序法七个法律部门组成。
法制体系
法制体系，有时也称法制系统，它同法律体系虽一字之差，但含义不同。法制体系是指法制运转机制和运转 环节的全系统，法制体系包括立法体系、执法体系、司法体系、守法体系、法律监督体系等，由这些体系组成的 一个纵向的法制运转体系。法律体系着重说明的是呈静态的法律本身的体系构成，而法制体系则既包括静态的法 律规范，更着重说明的是呈动态状的法制运转机制系统。从相互关系来讲，法制体系包容着法律体系，而法律体 系则组合在法制体系之中。
西班牙法律体系英文介绍
• Object:
– Hotel’s titular obligations:
• Room and other dependences: Needs to assure a pacific use and enjoy to the guest.
• Services: Usually Hotels have complementary services (iron, buffet, etc…). Need to be paid apart by the guest (except negotiated before).
“TOURIST PERSONAL INJURY: SPANISH JURISPRUDENCE OVERVIEW”
Eva Rosal Negre Budapest, April 4 th, 2008
ACOMMODATION CONTRACT
• Characteristics of these contracts:
– Atypical – Bilateral – Complex – Onerous – Consensual
• Subjects:
– Guest Needs full capacity to oblige himself (art. 315 Civil Code: 18 years old)
– Hotel’s titular
– The Hotel signed the step later and this fact is used by the Court to point out the necessity of this warning to the clients.
HOTEL’S LIABILITY IN CASE OF INJURY
法律英语汇总
Unit 1 The Common Law and Its CompetitorsI. Give the Chinese Meaning of the Underlined Word or Phrase The curriculum and the materials studied are much the same in all law schools. （课程）Outside its home base, law has no validity at all.（有效性）Each legal system is specific to its country or its jurisdiction.（管辖范围）There never was an English equivalent of the Napoleonic Code.（等同物）The common law reigns wherever the English language is spoken （统治）In Canada, the civil law is dominated in the French-speaking province of Quebec.（处于支配地位）These superstatutes are enacted by the national parliament.（超级成文法典）This tenacious local system was the so-called common law.（本地系统）For one thing, the common law resisted codification.（法典化）The English brought the common law to their colonies and it took root and thrived.（繁荣）The legal systems of the English-speaking world have a definite family resemblance.（相似性）The English were not seduced by the majesty of Rome.（诱导）For example, the jury is a common-law institution.The common law also has its own peculiar features of substance, structure, and culture.（特征）In the 1990s, the countries of Eastern Europe renounced communism.（放弃）Lawyers in Mexico work in the private sector and are not employees of the government.（部门）In general, it is a fairly crude business to assign legal systems to this or that family.（粗制的）We have to remember that a legal system is not an exercise in history.（一成不变）II. Fill in Each Blank with a Proper Word or Phrase Given BelowA law student usually studies the law of a single country. 一名法科学生同城会学习单个国家的法律。
法律体系legal systems
The contemporary legal systems of the world are generally based on one of three basic systems: civil law, common law, and religious law– or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies.Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that decide individual cases, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.Basic principles of common lawCommon law adjudicationIn a common law jurisdiction several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. Later decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all the lines drawn and reasons given, determines "what the law is” and one applies that law to the facts.The common law evolves to meet changing social needs and improved understanding “common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively,”“its method is inductive, and it draws its generalizations from particulars.”The common law is more malleable. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy. Second, the common law evolves through a series of gradual steps, that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In fact, the legislative process is very difficult to get started, as legislatures tend to delay action until a situation is totally intolerable.This illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for a decision are often more important in the long run than the outcome in a particular case.Interaction of constitutional, statutory and common lawIn almost all areas of the law, legislature-enacted statutes generally give only brief statements of general principle because legislatures operate under the assumption that statutes will be interpreted against the backdrop of the pre-existing common law and custom. So to find out what the precise law is that applies to a particular set of facts, one has to locate precedential decisions on the topic, and reason from those decisions by analogy.Overruling precedent—the limits of stare decisisDecisions of one circuit court are binding on the district courts, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive.Most of the U.S. federal courts of appealhave adopted a rule that the earlier panel decision is controlling, and to overrulea panel decision is very difficult. Also, the older decision remains controlling when an issue comes up the third time.Common law as a foundation for commercial economiesThe reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust commercial systems. Because there is reasonably precise guidance on almost every issue, parties can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on the boundaries within which their freedom of expression rights apply.Contrasts between common law and civil law systemsConstant jurisprudence•Common law systems tend to give more weight to separation of powers between the judicial branch and the executive branch (which focuses in administrative law). In contrast, civil law systems often allow individual officials to exercise both powers.•In common law systems, a single decided case is binding common law. In contrast, in civil law systems, individual decisions have only advisory, not binding effect.General principles of lawIn common law systems, judge made law is binding to the same extent as statute or regulation. In civil law systems, case law is advisory, not binding. Civil law lawyers consult case law to obtain their best prediction of how a court will rule, but comparatively, civil law judges are less bound to follow it.Adversarial system vs. inquisitorial systemCommon law courts usually use an adversarial system, in which two sides present their cases to a neutral judge. In contrast, civil law systems usually use an inquisitorial system in which an examining magistrate serves two roles by developing the evidence and arguments for one side and then the other during the investigation phase and a judge or group of judges investigates the case.Contrasting role of treatises and academic writings in common law and civil law systemsIn common law jurisdictions, treatises are not the law, and lawyers and judges tend to use these treatises as only "finding aids" to locate the relevant cases.In common law jurisdictions, scholarly work is seldom cited as authority for what the law is. When common law courts rely on scholarly work, it is almost always only for factual findings, policy justification, or the history and evolution of the law, and the court's legal conclusion is reached through analysis of relevant statutes and common law.In contrast, in civil law jurisdictions, courts give the writings of law professors significant weight, partly because civil law decisions traditionally were very brief, sometimes no more than a paragraph stating who wins and who loses.。
爱尔兰法律体系介绍(Introduction to the Irish Legal System)
爱尔兰法律体系介绍(Introduction to the Irish Legal System) [日期：2006-06-16] 来源：中国民商法律网作者：[字体：大中小]本篇文章是爱尔兰外交部同爱尔兰驻华使馆一同准备的四篇文章中的第一篇。
它旨在提供爱尔兰在法律和法律实施方面的信息。
紧接下来的文章介绍了法律体系的主要特征，重点介绍爱尔兰法律的起源。
后面的文章将介绍爱尔兰法院系统和司法作用，法律专业，知识产权法的内容和实施及特别案例。
This article forms the first of a series of four articles prepared by the Departm ent of Foreign Affairs of Ireland in cooperation with the Embassy of Ireland in Beiji ng, aimed at providing information on Irish law and practice. What follows is an ac count of the primary features of the Irish legal system focusing on the sources of I rish law. Forthcoming articles will provide information on the courts system and the role of the judiciary, the legal profession, the practice and substance of intellectual property law in Ireland, and particular cases of interest.爱尔兰的法律体系The Irish Legal System爱尔兰的法律体制有些特别，它是由英国传统的习惯法派生而来。
世界法律体系简介(中英文)
1.how to understand the separation of power?The separation of powers, often imprecisely used interchangeably with the triaspolitica principle, is a model for the governance of a state (or who controls the state). The model was first developed in ancient Greece. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division of branches is into a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in a parliamentary system where the executive and legislature (and sometimes parts of the judiciary) are unified.三权分立，往往不准确交替使用的三叠纪政治学原则，是一个典范的状态的治理（或谁控制的状态）。
在古希腊最早开发的模式。
在这种模式下，状态分为分支，每个单独的和独立的权力和责任领域，使得一个部门的权力不与与其他部门相关的权力冲突。
有关法律体系的英语作文
有关法律体系的英语作文The Legal System。
The legal system is an essential part of any society.It is the set of laws, rules, and regulations that govern the behavior of individuals and organizations within a community. The legal system serves as a framework for maintaining order and ensuring justice in a society.The legal system is made up of several components, including the legislative branch, the executive branch, and the judicial branch. The legislative branch is responsible for creating laws and regulations. The executive branch is responsible for enforcing these laws and regulations. The judicial branch is responsible for interpreting and applying the laws and regulations to specific cases.The legal system is designed to protect the rights and freedoms of individuals and organizations within a society. It provides a framework for resolving disputes andconflicts, and it establishes a system of justice that is fair and impartial.One of the most important aspects of the legal system is the concept of due process. Due process ensures that individuals are treated fairly and that their rights are protected throughout the legal process. This includes the right to a fair trial, the right to legal representation, and the right to appeal a decision.Another important aspect of the legal system is the principle of equality before the law. This principle ensures that all individuals are subject to the same laws and regulations, regardless of their social status, wealth, or power. This principle is essential for maintaining ajust and equitable society.In addition to these principles, the legal system also plays an important role in protecting the public interest. This includes ensuring public safety, protecting the environment, and promoting economic stability.Overall, the legal system is an essential component of any society. It provides a framework for maintaining order and ensuring justice, and it protects the rights and freedoms of individuals and organizations within a community. As such, it is important for all individuals to understand and respect the legal system, and to work together to uphold its principles and values.。
The Legal System 西方宪法介绍 英文
Back
A Law Court
It is a place where legal matters are decided by a judge and jury or by magistrate（地方法官）.
Supreme Court
Back
Types of Law Courts
the supreme court（最高法院） a court of appeal（上诉法院）(in U.K. the House of Lords（上议院）) a criminal court（刑事法庭） a civil court（民事法庭） a juvenile court（未成年人法庭）
The Legal System
--by Vicky Yao 江苏教育学院
The Legal System
Constitution(宪法)
Two main branches of the law
A law court Process
A landmark decision
Legal advice, legal aid
Types of Constitution
1 written constitution The U.S.
2 unwritten constitution Britain
The British Constitution
The British Constitution
The British Constitution
mainsubdivisionsofthecivillaw?thefamilylaw家庭法?thelawofintellectualproperty知识产权法?thelawofcontract合同法?thelawoftorts民事侵权法?thelawofproperty财产法?theadministrativelaw行政法?thelawoflabour劳动法?themercantilelaw商业法?thecompanylaw公司法backalawcourt?itisaplacewherelegalmattersaredecidedbyajudgeandjuryorbymagistrate地方法官
法律英语词汇大全学习法律术语法律程序和法律体系的英文英语词汇
法律英语词汇大全学习法律术语法律程序和法律体系的英文英语词汇The Complete Guide to Learning Legal English Terminology for Legal Terms, Procedures, and SystemsIntroduction:Legal English is a specialized language, used within the legal profession and in legal contexts. It encompasses a vast array of terms, procedures, and systems that are essential for lawyers, legal researchers, and anyone dealing with legal documents or proceedings. In this comprehensive guide, we will explore a wide range of legal English vocabulary to enhance your understanding and communication within the field of law.I. Legal Terminology:1. Common Law:Common law is a legal system derived from judicial decisions and case law. It is predominantly used in countries such as the United States, England, and Australia. Some key terms associated with common law include "precedent" (a legal decision that serves as a guideline for future cases) and "tort" (a civil wrong that causes harm to an individual or their property).2. Statutory Law:Statutory law refers to laws enacted by legislative bodies, such as Congress. These laws are often codified and published in statutes or codes. Examples of statutory law terms include "act" (a written law passed by alegislative body) and "amendment" (a change or addition made to an existing law).3. Civil Law:Civil law is a legal system based on codified laws and regulations, prevalent in many European countries. It typically deals with private disputes between individuals or organizations. Important civil law terms include "plaintiff" (the party bringing a civil lawsuit) and "defendant" (the party being sued in a civil case).4. Criminal Law:Criminal law focuses on acts that are considered offenses against society as a whole. It involves the prosecution of individuals accused of committing crimes. Common criminal law terminology includes "felony" (a serious crime punishable by imprisonment or fines) and "misdemeanor" (a lesser offense with less severe penalties).5. Contract Law:Contract law encompasses legal principles and rules that govern agreements between parties. It outlines the rights and obligations of each party involved. Key contract law terms include "offer" (a proposal made by one party to another) and "consideration" (something of value exchanged between parties to a contract).II. Legal Procedures:1. Litigation:Litigation refers to the process of resolving disputes through the court system. It involves filing a lawsuit, presenting evidence, and obtaining a judgment. Important terms related to litigation include "complaint" (a formal written document that initiates a lawsuit) and "summons" (a legal notice requiring a person to appear in court).2. Mediation:Mediation is an alternative dispute resolution method where a neutral third party assists disputing parties in reaching a voluntary settlement. Key mediation terms include "mediator" (the neutral party facilitating the process) and "mediation agreement" (a written document outlining the terms agreed upon).3. Arbitration:Arbitration is another form of alternative dispute resolution, wherein parties submit their dispute to an arbitrator or panel of arbitrators who render a final decision. Terms associated with arbitration include "award" (the final decision made by the arbitrator) and "arbitration clause" (a provision in a contract that requires disputes to be resolved through arbitration).4. Deposition:A deposition is a formal, out-of-court statement given under oath. It involves questioning of a witness or party to a lawsuit to gather information and gather evidence. Deposition-related terms include "deponent" (the person being deposed) and "transcript" (a written record of the deposition).III. Legal Systems:1. Adversarial System:The adversarial system is a legal system where opposing parties present their cases before a neutral judge or jury. This system is characterized by an emphasis on the adversarial relationship between the prosecution and defense. Terms associated with the adversarial system include "cross-examination" (questioning a witness called by the opposing party) and "burden of proof" (the obligation to prove one's case in court).2. Inquisitorial System:Contrasting with the adversarial system, the inquisitorial system is a legal system where the court plays an active role in investigating and gathering evidence. It is commonly used in civil law jurisdictions. Important inquisitorial system terms include "investigating magistrate" (a judge responsible for conducting the investigation) and "judicial dossier" (a file containing all relevant documents in a case).Conclusion:This comprehensive guide has provided you with an extensive collection of legal English vocabulary. Mastering the terminology, procedures, and systems discussed will enhance your comprehension and proficiency in the field of law. Whether you are a law student, legal professional, or simply interested in expanding your legal knowledge, this guide serves as a valuable resource for navigating the intricacies of legal English.。
中国法律体系发展(英文版ppt)
The Linkage ofer the “Spring and Autumn Period” and “Warring States Periods”, Dong Zhongshu revised Confucius‟ classics by combing the function of Li and Law in Han Dynasty.
Legalism became the two main beliefs in China,
which heavily influenced the traditional Chinese
society and the legal system.
Confucianism
Confucianism is “a social doctrine that describes
The Linkage of Confucianism and Legalism
Dong‟s theory emphasized the supremacy of Li and the subservience of law.
It established the three authorities: •the emperor‟s authority over his ministers, •a father‟s authority over his children, and •a husband‟s authority over his wife.
Li Zhi (Rule by Li, 礼治)
The goal of “Li Zhi” is to achieve a harmonious social order in which “each person is able to realize his or her full potential as a human being through mutually beneficial relations with others.”
中国法律体系用语翻译(汉英对照)
中国法律体系用语翻译（汉英对照）中国特色社会主义法律体系the socialist system of laws with Chinese Characteristics依法治国，建设社会主义法治国家govern the country by law and build a socialist country under the rule of law刑事诉讼法Criminal Procedure Law民事诉讼法Civil Procedure Law行政诉讼法Administrative Procedure Law民法通则General Principles of the Civil Law暂行条例interim Regulations民族区域自治法Law on Regional Ethnic Autonomy香港特别行政区基本法Basic Law of the Hong Kong Special Administrative Region劳动法Labor Law专利法Patent Law商标法Trademark Law著作权集体管理条例Regulations on the Collective Administration of Copyright计算机软件保护条例Regulations on the Protection of Computer Software信息网络传播权保护条例Regulations on the Protection of the Right to Network Dissemination of Information知识产权海关保护条例Regulations on the Customs Protection of Intellectual Property Right经济合同法Economic Contract Law环境保护法Environmental Protection Law水污染防治法Law on the Prevention and Control of Water Pollution大气污染防治法Law on the Prevention and Control of Atmospheric Pollution 固体废物污染环境防治法Law on the Prevention and Control of Pollution by Solid Waste矿产资源法Mineral Resource Law环境影响评价法Law on Environment Impact Assessment义务教育法Compulsory Education Law高等教育法Higher Education Law职业教育法Vocational Education Law文物保护法Law on the Protection of Cultural Relics消费者权益保护法L aw on the Protection of Consumers’ Rights and Interests 继承法Succession Law产品质量法Product Quality Law反不正当竞争法Anti-Unfair Competition Law海商法Maritime Code票据法Negotiable Instruments Law城市房地产管理法Law on Urban Real Estate Administration对外贸易法Foreign Trade Law中外盒子经营企业法Law on Chinese-Foreign Equity Joint Ventures中外合作经营企业法Law on Chinese-Foreign Cooperation Joint Ventures 外资企业法Law on Foreign-funded Enterprises个人独资企业法Law on Individual Proprietorship Enterprises农村土地承包法Law on the Contracting of Rural Land政府采购法Government Procurement Law行政处罚法Law on Administrative Penalty行政复议法Administrative Reconsideration Law国家赔偿法Law on National Compensation物权法Property Law侵权责任法Tort Law人民调解法People’s Mediation Law劳动争议仲裁法Law on Labor Dispute Mediation and Arbitration食品安全法Food Safety Law。
美国法律体系
1General overview2 1.1 Sources of law3 1.2 Constitutionality∙ 2 American common law∙ 3 Levels of law1 3.1 Federal law2 3.1.1 Federal statutoryenactment procedure▪ 3.1.2 Federalregulatorypromulgationprocedure▪ 3.1.3 Formulation offederal precedent3 3.2 State law▪ 3.2.1 Attempts at"uniform" laws4 3.3 Local law∙ 4 Types of law1 4.1 Procedural law▪ 4.1.1 Criminalprocedure▪ 4.1.2 Civilprocedure2 4.2 Substantive law▪ 4.2.1 Criminal law▪ 4.2.2 Contract law▪ 4.2.3 Tort law∙ 5 Odd exceptions∙ 6 See also1 6.1 Lists∙7 References∙8 Further reading∙9 External links•1概览1.1法的渊源Ø 1.2合宪•2美国普通法•3法律层次Ø 3.1联邦法律3.1.1联邦法定程序制定♣3.1.2联邦法规的颁布程序♣3.1.3制定联邦先例♣Ø 3.2州际法律3.2.1“统一”的法律企图♣Ø 3.3当地法律•4法律类型Ø 4.1程序法4.1.1刑事诉讼程序♣4.1.2民事程序♣Ø 4.2实体法4.2.1刑法♣4.2.2合同法♣4.2.3侵权法♣•5稀奇古怪的例外•6参见Ø 6.1列表•7参考资料•8延伸阅读•9外部链接The law of the United States consists of many levels[1] of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of constitutional acts of Congress, constitutional treaties ratified by Congress, constitutional regulations promulgated by the executive branch, and case law originating from the federal judiciary.1、The Constitution and federal law are the supreme law of the land, thus circumscribing限制state and territorial laws in the fifty U.S. states and in the territories.[2] In the unique dual双重的-sovereign元首system of American federalism (actually tripartite when one includes Indian reservations), states are the plenary充分的sovereigns, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe破坏on any federal constitutional rights.[3] Thus, most U.S. law (especially the actual "living law" of contract, tort, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.[4][5]The most important source of law is the United States Constitution. All other law falls under and is subordinate to that document. No law may contradict the Constitution.Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce.State lawThe fifty American states are separate sovereigns with their own state constitutions, state governments, and state courts (including state supreme courts).[37] They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorariAll states have a legislative branch which enacts state statutes, an executive branch that promulgates发布state regulations pursuant按照to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns推翻，颠倒both state statutes and regulations, as well as local ordinances.法令法条Local lawStates have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts.[43]∙ 4.1程序法4.1.1刑事诉讼程序♣4.1.2民事程序♣Ø 4.2实体法4.2.1刑法♣4.2.2合同法♣4.2.3侵权法♣4 Types of law1 4.1 Procedural law 4.1.1 Criminal procedure4.1.2 Civil procedure2 4.2 Substantive law 4.2.1 Criminal law3 4.2.2 Contract law4 4.2.3 Tort law。
关于“法律体系”的术语和概念问题
关于“法律体系”的术语和概念问题要研究中国特色的社会主义法律体系，首先得研究“法律体系”这个术语指的是什么事物和对这个事物如何理解，这就是法律体系的术语和概念问题，混淆外表相似的术语，必然混淆所要研究事物的概念，也必然会给研究造成难以克服的困难。
一、关于“法律体系”的术语。
有四个外表相似，实际却指的是不同的事物的术语，应加区别。
1. Legal System（相应的俄文为правовая система），中文译为法律制度，简称法制，有时也被译为法律体系或法律系统。
Legal System 由形容词legal（法律的）和名词system（制度、体系、系统）构成。
形容词legal（法律的）是形容system（制度、体系、系统）的，意思是说这是法律的制度（体系、系统），以区别经济的、政治的、军事的、文化的等等制度（体系、系统）。
这是一个个性的概念，不同的民族、国家、地区，由于各种原因，往往有自己独特的法律制度，如我们说香港的法律制度，美国某个州的法律制度，等等。
这也是一个含义广泛的概念，借鉴前苏联法学界研究的成果，我们认为，它是指一个国家或地区整个法律上层建筑的系统，包括在该国或地区占统治地位的法律文化、法律意识，在该系统中占核心地位的全部现行法，以及在这两者指导下与这两者相互联系、相互制约、相互补充的法律实践活动。
[①]研究中国特色的法律体系可以在这种意义上使用，但那指的是研究中国的整个社会主义法律制度，并不是现在我国法学界所理解的“法律体系”。
2. System of the Law（相应的俄文为система права ），中文译为法律体系，但我认为把它译为法的体系或法体系更好。
System of law 就字义来看，这里讲的不是什么样的system（体系或系统）问题，而是指法律事物本身的体系，法本身就是一个体系（系统），所以人民大学的教材，把它译为“法的体系”。
这里的“法的”，不是形容词，而是所有格，意思是指法所固有的体系（系统）。
法律 英文
法律英文Law is a system of rules and regulations that governs society and addresses the rights and responsibilities of individuals and organizations. It provides a framework for resolving conflicts, maintaining order, and defining acceptable behavior within a community. The English legal system, also known as the common law system, has evolved over centuries and serves as a model for legal systems in many countries around the world.One of the fundamental principles of English law is the idea of the rule of law, which means that everyone is subject to the law and no one is above it. This principle ensures that the law is fair and impartial, and that it applies equally to all members of society, regardless of their social status or political influence. It also means that the government and its officials are bound by the law and must act within its confines.The English legal system is based on a combination of statutory law and common law. Statutory law is created by the legislature, which consists of elected representatives who make laws on behalf of the people. Common law, on the other hand, is developed through the decisions of judges in individual cases. These decisions, known as precedents, form a body of legal principles that are binding on all lower courts and future cases with similar facts.The court system in England consists of different levels, each with its own jurisdiction and responsibilities. The highest court in the country is the Supreme Court, which is the final court of appeal for all civil and criminal cases. Below the Supreme Court are theCourt of Appeal, the High Court, and various lower courts, such as the Magistrates' Court and the County Court. Each court has its own procedures and rules, which must be followed to ensure a fair and orderly process.One of the key features of the English legal system is the adversarial nature of legal proceedings. In a criminal trial, for example, the prosecution and defense each present their case before an impartial judge and jury, who weigh the evidence and decide on the outcome. Both sides have the opportunity to cross-examine witnesses and present their arguments, with the judge acting as a neutral arbiter to ensure fairness.Another important aspect of English law is the concept of legal precedent. Precedents are previous court decisions that are considered to be binding on future cases with similar facts. This system of precedent ensures consistency and predictability in the law, as judges are required to follow established principles unless there is a compelling reason to depart from them. Precedents are also flexible enough to accommodate changing societal values and circumstances, as they can be overruled or distinguished if necessary.English law covers a wide range of areas, including criminal law, civil law, constitutional law, contract law, property law, and many others. Each area has its own set of principles and rules that govern how disputes are resolved and how individuals and organizations are held accountable for their actions. Legal professionals, such as judges, barristers, and solicitors, play a crucial role in interpreting and applying the law, ensuring justice is served and the rights ofindividuals are protected.In conclusion, the English legal system is a complex and sophisticated system that promotes fairness, consistency, and the rule of law. It provides a structured framework for resolving disputes, maintaining order, and upholding justice in society. The principles of the rule of law, statutory law, common law, and legal precedent form the foundation of the English legal system, ensuring that the law applies equally to all and that individuals and organizations are held accountable for their actions.。
民法 英文版
民法英文版The Civil Code, also known as the Civil Law in English, is a body of laws that govern private relationships between individuals. It covers a wide range of topics such as property, contracts, and obligations.The Civil Code is essential for maintaining order and justice in society, as it provides a framework for resolving disputes and protecting individual rights.民法，也被称为英语版的《民法》，是一个规范个人间私人关系的法律体系。
它涵盖了财产、合同和义务等广泛的主题。
民法对维护社会秩序和正义至关重要，因为它为解决争端和保护个人权利提供了框架。
One of the key aspects of the Civil Code is its emphasis on protecting the rights and interests of individuals. It ensures that individuals have the right to enter into contracts freely, own property, and seek legal remedies when their rights are violated. By providing a clear set of rules and guidelines, the Civil Code helps to prevent disputes and ensure fair treatment for all parties involved.民法的一个关键方面是强调保护个人的权利和利益。
大陆法(法律体系)-外文翻译
河北科技师范学院毕业论文外文翻译题目：英美法系与大陆法系的比较研究学生姓名：XXX指导教师：XXX系别：XXX系专业、班级：国际经济与贸易XX级XX班学号：XXXXXXXXXX填表时间：XXXX年XX月XX日河北科技师范学院教务处制Civil law (legal system)Abstract: This article is concerned with the legal system known as Civil law. For the area of law in common law countries governing relations between private individuals, see Civil law (common law).Keywords: Civil law; Common lawIntroductionCivil law, or continental law, is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, which are applied and interpreted by judges. Modern systems are descendants of the nineteenth century codification movement, during which the most important codes (most prominently the Napoleonic Code and the Bürgerliches Gesetzbuch (BGB) came into existence.However, codification is not an essential characteristic of a civil law system. For example, the civil law systems of Scotland and South Africa are not codified, and the civil law systems of Scandinavian countries remain largely not codified. The civil law system is contrasted with the common law originating in England and generally adopted by those countries of the world with a history as British territories or colonies.As a body of laws comprising the official legal system of a nation or state, especially in reference to the rights and privileges of private citizens, civil law becomes the necessary law in which freedom and necessity are unified.OverviewLegal systems across the world. Civil law is blue; other systems are common law (pink), mixed civil and common law (brown), custom (green) and others (yellow).Civil or civilian law is a legal tradition which is the base of the law in the majority of countries of the world, especially in continental Europe and the former Soviet Union, but also inQuebec (Canada), Louisiana (U.S.), Puerto Rico (a U.S. territory), Japan, Latin America, and most former colonies of continental European countries. The Scottish legal system is usually considered to be a mixed system in that Scots law has a basis in Roman law, combining features of both unmodified and Civil law systems. In western and southwestern parts of the U.S., laws in such diverse areas as divorce and water rights show the influence of their Iberian civil law heritage, being based on distinctly different principles from the laws of the northeastern states colonized by settlers with English common law roots.HistoryThe civil law is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed through the Middle Ages by medieval legal scholars.The acceptance of Roman law had different characteristics in different countries. In some of them its effect resulted from legislative act; that is, it became positive law, whereas in other ones it became accepted by way of its processing by legal theorists.Consequently, Roman law did not completely dominate in Europe. Roman law was a secondary source, which was applied only as long as local customs and local laws lacked a pertinent provision on a particular matter. However, local rules too were interpreted primarily according to Roman law (it being a common European legal tradition of sorts), resulting in its influencing the main source of law also.A second characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, namely its inclusion into civil codes.The concept of codification developed especially during the seventeenth and eighteenth century, as an expression of both Natural Law and the ideas of the Enlightenment. The political ideal of that era was expressed by the concepts of democracy, protection of property, and the rule of law. That ideal required the creation of certainty of law, through the recording of law and through its uniformity. So, the aforementioned mix of Roman law and customary and local law ceased to exist, and the road opened for law codification, which could contribute to the aims of the above mentioned political ideal.Another factor that contributed to codification was that the notion of the nation state, which was born during the nineteenth century, required the recording of the law that would be applicable to that state.Certainly, there was also reaction to the aim of law codification. The proponents of codification regarded it as conducive to certainty, unity, and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law.Despite resistance, the codification of European private laws moved forward. The French Napoleonic Code of 1804, the German civil code (Bürgerliches Gesetzbuch) of 1900, and the Swiss codes were the most influential national civil codes.Because Germany was a rising power in the late nineteenth century, when many Asian nations were introducing civil law, the German Civil Code became the basis for their legal systems. Thus Japan and South Korea operate under civil law. In China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Peoples' Republic of China, which remains in force.Civil law served as the foundation for socialist law used in Communist countries, with major modifications and additions from Marxist-Leninist ideology. For example, while civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, Socialist law systems provide for most property to be owned by the state or by agricultural co-operatives, and have special courts and laws for state enterprises. SubgroupsThe term "civil law" as applied to a legal tradition actually originates in English-speaking countries, where it was used to group all non-English legal traditions together and contrast them to the English common law. However, since continental European traditions are by no means uniform, scholars of comparative law usually subdivide civil law into four distinct groups: French civil law: In France, the Benelux countries, Italy, Spain, and former colonies of those countries;German civil law: In Germany, Austria, Switzerland, Greece, Portugal, Turkey, Japan, South Korea, and the Republic of China;Scandinavian civil law: In Denmark, Norway, and Sweden. Finland, and Iceland inherited the system from their neighbors.Chinese law is a mixture of civil law and socialist law.Portugal, Brazil, and Italy have evolved from French to German influence, as their nineteenth century civil codes were close to the Napoleonic Code and their twentieth century civil codes are much closer to the German Bürgerliches Gesetzbuch. Legal culture and law schools have also come nearer to the German system. The law in these countries is often said to be of a hybrid nature.The Dutch law, or at least the Dutch civil code, cannot be easily placed in one of the mentioned groups either, and it has itself influenced the modern private law of other countries. The Russian civil code is in part a translation of the Dutch one.Civil versus common lawCivil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon people, especially in England.The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law developed out of the Roman law of Justinian's Corpus Juris Civilis.In later times, civil law became codified as druid couturier, or customary law, that were local compilations of legal principles recognized as normative. Sparked by the Age of Enlightenment, attempts to codify private law began during the second half of the eighteenth century, but civil codes with a lasting influence were promulgated only after the French Revolution, in jurisdictions such as France (with its Napoleonic Code), Austria, Quebec, Spain, the Netherlands, and Germany. However, codification is by no means a defining characteristic of a civil law system. For example, the civil law systems of Scandinavian countries remain largely unmodified, whereas common law jurisdictions have frequently codified parts of their laws, such as in the U.S. Uniform Commercial Code. There are also mixed systems, such as the laws of Scotland, Louisiana, Quebec, Namibia, and South Africa.Thus, the difference between civil law and common law lies not just in the mere fact of codification, but in the methodological approach to codes and statutes. In civil law countries, legislation is seen as the primary source of law. By default, courts thus base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived. Courts thus have to reason extensively on the basis of general rules and principles of the code, often drawing analogies from statutory provisions to fill lacunae and to achieve coherence. By contrast, in the common law system, cases are the primary source of law, while statutes are only seen as incursions into the common law and thus interpreted narrowly.The underlying principle of separation of powers is seen somewhat differently in civil law and common law countries. In some common law countries, especially the United States, judges are seen as balancing the power of the other branches of government. By contrast, the original idea of separation of powers in France was to assign different roles to legislation and to judges, with the latter only applying the law. This translates into the fact that many civil law jurisdictions reject the formalistic notion of binding precedent (although paying due consideration to settled case-law), and that certain civil law systems are based upon the inquisitorial system rather than the adversarial system.There are other notable differences between the legal methodologies of various civil law countries. For example, it is often said that common law opinions are much longer and contain elaborate reasoning, whereas legal opinions in civil law countries are usually very short andformal in nature. This is in principle true in France, where judges cite only legislation, but not prior case law. (However, this does not mean that judges do not consider it when drafting opinions.) By contrast, court opinions in German-speaking countries can be as long as English ones, and normally discuss prior cases and academic writing extensively.There are, however, certain sociological differences. Civil law judges are usually trained and promoted separately from attorneys, whereas common law judges are usually selected from accomplished and reputable attorneys. Also, the influence of articles by legal academics on case law tends to be much greater in civil law countries.With respect to criminal procedure, certain civil law systems are based upon a variant of the inquisitorial system rather than the adversarial system. In common law countries, this kind of judicial organization is sometimes criticized as lacking a presumption of innocence. Most European countries, however, are parties to the European Convention on Human Rights (ECHR) adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. Article 6 of the ECHR guarantees "the right to a fair trial" and the presumption of innocence. Some Civil law nations also have legislation that predates the Convention and secures the defendant the presumption of innocence.When the presumption of innocence is present, what distinguishes the inquisitorial system is the frequent lack of a jury of peers, which is guaranteed in many common law jurisdictions. Inquisitorial systems tend to have something akin to a "bench" trial made up of a single judge or a tribunal. Some Scandinavian nations have a tribunal that consists of one civilian and two trained legal professionals. One result of the inquisitorial system's lack of jury trial is a significant difference in the rules of trial evidence. Common law rules of evidence are founded on a concern that juries will misuse, or give inappropriate weight to unreliable evidence. In inquisitorial systems the rules of evidence are sometimes less complicated because legal professionals are considered capable of identifying reliable evidence. Most noteworthy of these is the lack of a hearsay rule.Civil and common law systems also differ considerably in criminal procedure. In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using the inquisitorial system. Also, civil law systems rely much more on written argument than oral argument.Economic implicationsAccording to legal origins theory, a controversial idea promoted by economists such as Andrei Shleifer and Robert W. Vishny, civil law countries tend to emphasize social stability, while common law countries focus on the rights of an individual. The basic thrust of the theory is that common law, as opposed to French civil law, and to a lesser degree to German andScandinavian civil law, is associated with more orientation towards institutions of the market, which is why common law countries tend to be economically more developed.ReferencesDebrusche, Anne-Francoise. 2006. Civil Law Reasoning. Ottawa: University of Ottawa Civil Law Section.Drummond, Susan G. 2007. Civil Law Toronto: Osgoode Hall Law School.Harr, Jonathon. 1995. A Civil Action. New York: Random House. ISBN 0-394-56349-2 Moustaira, Elina N. 2004. Comparative Law: University Courses (in Greek). Athens: Ant. N.Sakkoulas Publishers.大陆法（法律体系）［摘要］本文关注的是称为大陆法体系的法律体系。
法律英语ppt2 legal system
你分得清么？
congress
House of Senate
parliament
House of Commons
House of Representative
House of Lords
Monarchy
Congress
parliament
• 我国属于哪个法系嘞？
• 中国属于中华法系。中华法系又称“律令体 系”，是与罗马法系、英美法系并列的法系 之一，以周礼、法家、唐律为母法发展起 来的东亚法律体系，以法家思想为理论基 础，以礼法结合、德主刑辅为基本特征， 重视家族关系、君臣关系的法律调整，重 视民间纠纷的调处解决。中华法系包括古 代的中国法、朝鲜法、日本法、琉球法、 安南法、暹逻法等。
socialist legal tradition 社会主义法律 传统
令状是在王室法院进行民事诉讼 的起点。根据当时的规则，没有 令状，任何人不得在王室法院进 行 诉 讼 （ no man can bring an action in the king”s courts of common law without the king’s writs） 。因此，当事人想起诉， 就必须向国王秘书处申请令状。
2015-3-18
法ห้องสมุดไป่ตู้英语
16
Checks and Balances
By creating three branches of government, the delegates built a "check and balance" system into the Constitution. This system was built so that no one branch of our government could become too powerful. Each branch is restrained by the other two in several ways. For example, the president may veto a law passed by Congress. Congress can override that veto with a vote of two-thirds of both houses. Another example is that the Supreme Court may check Congress by declaring a law unconstitutional. The power is balanced by the fact that members of the Supreme Court are appointed by the president. Those appointments have to be approved by Congress.
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Believed successful people have four virtues, also known as the cardinal virtues, the hinges that support life (cardo-latin for hinge): 1) prudence (know how to reason well in moral decision making) 2) temperance (remain moderate in the exercise of emotions) 3) fortitude (how to be courageous in the face of life’s difficulties) 4) justice (how to act well in relation to others) God’s gift of Jesus and the Holy Spirit changes the way we define what is good the theological virtues of faith, hope and charity begin as a pure gift. I.e. charity: it is because God lives us that we can love others Our response this gift is to accept it, give praise and thanks, and live in accordance with the gift
Biography: St. Thomas Aquinas
St. Thomas Aquinas (1225-1274)
Dominican friar who incorporated Aristotle’s theories into theology a priest and doctor of the Church Aquinas said that ethics comes from the end that is inscribed in the nature of all creatures at a person’s core is a desire for the good Aquinas equated God with the highest good the fullness a good life is not to be found on earth; the full good life only comes in the resurrection as God’s pure gift People can live the good life by using their intelligence and other capabilities such as their senses, and by following natural law “nothing other than the light of understanding placed in us by God; through it we know what we must do and what we must avoid.”
Jurisprudence
By Tori, Paola, Brad, and Adam
The Philosophy of Law
The most common question a lawyer asks themselves is: what is the law on a particular issue? This question differs according to a particular jurisdiction in which they are asked. In comparison, the philosophy of law deals with the more general question of what is law? This question about the nature of law predicts that the law is a unique social and political experience with more or less universal characteristics that can be determined through philosophical analysis. The philosophical inquiry of the nature of law is known as the general jurisprudence. It says that the law possesses certain aspects through nature, essence, law, and where and when it occurs.
The Philosophy of Law
There is an intellectual interest in perceiving such a complex social experience in the philosophy of law. Law can also have normal social practices including purposes to guide human behaviour, giving reasons of action. These two practices of law are strongly linked. Not only is law about culture, morality, religion, social convention, and etiquette; it is also about guiding human conduct in relation to law. Therefore, to understand the nature and philosophy of law, we must understand how law differs from these similar normative domains, how it interacts with them, and whether it depends on other normative orders.