法律英语课件第二课
Criminal law法律英语刑法 PPT课件
- Felony – murder重罪—谋杀罪
Manslaughter
- Voluntary manslaughter自 愿性非恶意杀人，故意杀 人 （比如激情犯罪crime of passion）
- involuntary homicide过失 杀人
Step 16 :Sentencing (three different types may be used)
Step 17 :Appeals
American criminal law classification
美国刑法种类
• 1.Criminal ACTS endangering degree（犯罪行为危害程度）： felony（重罪），misdemeanor(轻罪）
Step 1 :The Reported Crime (or “known offense”)
Step 2 :Prearrest Investigation (include three basic groups)
Step 3 :Arrest
Step 4 :Booking Step 5 : Post-Arrest Investigation (will vary with the fact situation)
My lecture topics ：
Death penalty sentencing plot
（死刑的量刑情节）
Basic situation
• American criminal law no specific reflect about the death penalty sentencing system, but the scope of the basic limit first-degree murder just executed, considering the consequences of a murder. Other must try to give every opportunity decreases victimised suspects miscalculation.
法律英语课件课件
美国律师协会 （ABA）
律师
美国 Lawyer Attorney Attorney –at-law Counselor Counselor –at-law Litigator 诉讼律师
英国 Barrister 诉讼律师 大律师，出庭律师 Solicitor 初级律师（无权出庭 的律师）
• The regulation of the legal profession is primarily the concern of the states, each of which has its own requirements for admission to practice.
三年大学 法学学位 书面考试
• Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
• After graduating from Amherst College in 1894, he continued on to Columbia University from which he received his law degree in 1898. The next year he was admitted to the New York bar. • 加入纽约律师协会
律师
教授 院长
总检 察长
首席大 法官
Distinguished jurist Harlan Fiske Stone was born on October 11, 1872 in Chesterfield, New Hampshire.
法律英语lesson2
Lesson TwoSources of English LawI. Discuss the following questions:1.What are the main sources of the English law?2.How can a bill become an act?3.Now that many documents like directives, circulars, and guidance notesare not legally binding, Why are they also considered as a form of legislation?4.What is a common law rule?5.What is primary legislation and what is delegated legislation?6.What is the difference between common law and case law?7.How can we determine the importance of a judgment from the point ofview of influencing future decisions?8.In what sense do the judiciary change the law like legislators?II. Read the text again and decide whether these statements are true or false:1.After a bill is presented to, debated by, and voted upon by the House ofCommons and the House of Lords, it becomes an act. Fmon law rules are still being made today and they are moreimportant as a source of new law legal rules. F3.Though many such documents as directives, circulars, and guidancenotes are not legally binding, they might still be considered as a form of legislation. T4.Any statute can be changed by any other common law rule. F5.In cases where secondary legislation is to be conducted, the Act or theParent Act can only say something about the content of the law, and the details of that law is left to secondary legislation persons or bodies. T6.New rules made by judges when they interpret statutes are not commonlaw rules, but case law rules. T7.Not every judgment in every case is of equal importance in terms ofserving as guidelines for future judicial activity. T8.It is definitely true that to meet new developments, problems, and shiftsin society‟s values the common law has departed genuinely from the traditional notion. FIII. Complete the sentences below using the words or phrases given:applicable; a matter of course; supplant; academic; remedy; genuine; dominate; interpret; intervene; legislation1.Finally, he had their genuine massive support for his peace initiative.2.Interpreting the statute in view of the intent of the legislation is a judicial approach to the interpretation of difficult legislation.3.The law provides no remedy for this injustice.4.The identity of all visitors is checked as a matter of course.5.Whether the new rules are applicable remains a question.6.Applying the words that the legislator might have intended to use in the legislation is not a correct approach to interpret difficult legislation.7.Though many of the earliest common law rules are supplemented or supplanted by statute, some still survive.8.One is surely amazed at the bound volumes of Law Reports that dominate the holdings of any English law library.9.The brawl was well under way by the time the policeman intervened.10.Many academics and some judges argue that the judiciary sometimes do more than simply apply existing law.IV. Match each of the following words or phrases with its definition:11.the judiciary12.delegated legislation13.bill14.dictum15.persuasive precedent16.holding17.binding precedent18.ratioa.the collection of reported cases that form the body of jurisprudence within given jurisdictionb. a precedent that a court may either follow or ignorec.legislation made by some person or body under authority delegated by Parliament under statuted.an important part of a judgment that is bindinge. a precedent that a court must followf. a statement of opinion or belief held to be authoritative because of the dignity of the person making itg.the benchh. a draft of proposed lawV. Translate the passage into Chinese:The British parliament, like parliaments in other countries, is often referred to as …the Legislature‟—the body which makes law. Its essential function could probably be best described as “to discuss what the Government has done, is doing and intends to do, and on occasions to try to show up the Government‟s errors and even try to persuade the Government to change or modify its policies”.Nevertheless, new laws can only come into force when they have passed through Parliament, and the way in which it deals with bills (that is, proposals for new laws) gives a very good illustration of Parliament‟s working besides being interesting and important in itself.Supplementary ReadingThough it would be difficult to define the character of English law, it is possible to identify the main characteristics that give individuality to English law. The following 10 characteristics might be of some help to our understanding of English law.1)the continuous growth of the law since Saxon timesIn the course of recent history most countries have made a break with one system of law and changed to another. This has happened in a number of ways. In some cases, there has been a sudden change to a code of laws based on Roman law. In other cases, a system based on English law has been developed gradually. However, in England, the law has been evolved and recorded continuously without any fundamental change in the system, which partly explains English respect for law and legal institutions. Neither rules of law nor institution cease to exist through want of use. Examples of this are the revival in 1954 of the Court of Chivalry which had not sat for over 200 hundred years and the current validity of the Treason Act 1351.2)the absence of a code of lawsCodification in other countries has often been associated with the unifications of law in the state and the introduction of Roman law. In England, a unified system of law was achieved relatively early and there was no reception of Roman law. To produce a complete code of laws would be a difficult task.3)the system of precedent4)the influence of procedureAlthough in the present day the substantial law is much less influenced by the requirements of procedure than once was the case, it is still shaped to a considerable extent by the requirements imposed on it by procedure in time past.5)the judicial character of the lawThe case law of England was made by judges, and it is this body of law that remains the basis of the English law system. Acts of Parliament assume the existence of case law, and it is the judges who declare the meaning of Acts of Parliament. The character and outlook of the judges has always, therefore, been a significant factor in the development of the English law.6)the independence of the judiciaryThe judges of superior courts hold office during good behavior and can be removed only on an address from both Houses of Parliament. This has been so since the Act of Settlement of 1700 and no judge of a superior court has ever been removed from office since then. Owing partly to the Act and partly to tradition, the judges in fact arrive at their decisions without fear of government or other influence. They retire at the age of 75.The judges‟ independence is preserved in this way as part of the separation of the judiciary from the control of the legislature and as a defence against arbitrary power exercised by the executive organ of government. The independence of the judiciary is one aspect of the separation of powers.7)the independence of barristers and solicitorsThe legal profession is divided into two main branches: barristers, and solicitors of the Supreme Court. Each branch is responsible for maintaining highstandards of conduct among its members. Lawyers, including both barristers and solicitors, are not state officials as is the case in some European countries and are not allowed to let themselves be swayed by political considerations in their legal work or their choice of clients.8)the accusatorial procedureIn some foreign systems it is the function of the court to produce the evidence, which is called the …inquisitorial‟ method of procedure. In English law under the accusatorial method of procedure the court, in the form of the judge, remains neutral and hears argument by both sides. This is generally so in both civil and criminal case.9)legal work in private handsThe reports of cases in court, explanatory editions of Acts of Parliament and many books on court procedure are produced by private organizations, instead of by the state.10)the small influence of Roman lawThe law of European partners has been influenced to a considerable extent by Roman law as has the law of Scotland in several respects. However, English owes little to Roman law.Comprehension Questions:I. Answer the following questions in accordance with this passage:1.What would be the best title of this passage?2.Why hasn‟t English law fundamentally changed through history?3.Is it difficult to produce a code of English law? Why?4.In what sense is English law much influenced by the character andoutlook of the judges?5.What is the relationship between English law and Roman law? What isthat between Roman law and the law of other European countries?II. Choose the best answers to each of the following questions:C B C A D1．The best title of this passage would be ______.A. stability of English lawB. development of English lawC. characteristics of English lawD. individuality of English law2．Which of the following is the reason for the fundamental stability of English law?A. lack of a code lawsB. predominance of case lawC. the system of precedentD. rules of law did not stop through want of use3．All of the following are about English judicial independence EXCEPT ______.A. the judges can arrive at their decisions without fear of government or other influence.B. a judge of a superior court can not be removed without the opinion of both Houses of Parliaments.C. Judges in England retire at the age of 75.D. the separation of the judiciary from the control of legislature4．Which of the following characteristics of English law is supposed to be superiority to other systems of law by the English?A. the division of legal profession between barristers and solicitorsB. the accusatorial procedureC. the small influence of Roman lawD. legal work in private hands5．The right understanding of the two accusatorial procedures is ______.DA.T he adversary system is also known as the “court control”.B.The inquisitorial system is also known as “the party control”.C.The judge plays an active role in the adversary method of procedureD.T he judge remains neutral and act merely as umpire in the adversary system.。
法律英语课件
VIII. Homework Topics for oral presentation: 1. American history 2. Development of common law 3. Emergence of equity law
Lesson 2 Legal Profession
V. What is characteristic of American legal system? The American legal system, like the English, is methodologically mainly a case law system. Case Law: law based on decisions made by judges in earlier cases.
Solicitors have direct contact with their clients. In most cases, barristers do not. In almost all cases, a client who needs the services of a barrister must go first to a solicitor, who will then instruct, or brief the barrister.
Many solicitors deal with a range of legal work, such as: litigation, commercial, conveyancing, employment, family, immigration, licensing, probate, etc.
法律英语课件PPT课件
• but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance with minor formalities.
三年大学 法学学位 书面考试
法律英语
9
• Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
• 律师 • 法官 • 检察官 • 法学教师
法律职业
变换频繁 Harlan Fiske Stone
法律英语
3
法律英语
4
Part 1 The Bar
• Bar——法庭中将公众与法官、律师 及其他诉讼参与人分隔开的隔板。
• 后来用于通指法律职业或律师职业。
美国律师协会
（ABA）
法律英语
5
法律英语
6
• 律师通常在一个地区执业
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
法律英语
15
• It is customary to retain local counsel for matters in other jurisdictions.
法律英语课件第二课
法律英语
1
ቤተ መጻሕፍቲ ባይዱackground
律师 法官 检查官 法学教师
法律职业
法律英语
2
Part 1 The Bar
Bar——法庭中将公众与法官、律师
及其他诉讼参与人分隔开的隔板。 后来用于通指法律职业或律师职业。
美国律师协会
法律英语 3
lawyer to serve on boards of directors of corporate clients, to engage in business, and to participate actively in public affairs.
在公司的董事会任职
从事商业活动
积极参与公共事务
• The Multistate Bar Examination (MBE) is a six-hour, twohundred question multiplechoice examination covering contracts, torts, constitutional law, criminal law, evidence, and real property.
of the Multistate Bar Exam, a daylong multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
各州律师联考 州综合问答题
法律英语 8
法律英语 22
In the field of advocacy, the rules are
法律英语课件
3.National Law and International Law
Simply stated, national law is law which applies to a nation. International law is commonly defined as a body of rules that states and other agents accept as binding obligations in the world community.
If a law concerns the rights of individuals （often including a corporation as a “person”）or the duties owed to people in the society, the law is a civil law.
Essentially, civil law focuses on wrongs against individuals, whereas criminal law focuses on wrongs against the whole society.
An important feature distinguishing criminal and civil law is the sanction imposed on the wrongdoer. Criminal sanctions may include imprisonment while civil sanctions emphasize payment of money.
1. 2. 3. 4. 5.
inheritance law administrative law tort law property law criminal law
《法律英语教案》课件
《法律英语教案》课件一、总述1. 教学目标：使学生掌握基本的法律英语词汇和表达方式，了解法律英语在法律领域的应用，提高学生的法律英语阅读和交流能力。
2. 适用对象：本课程适用于已经掌握基本英语语法和词汇的学生。
3. 教学内容：本课程主要包括法律英语的基本词汇、法律文件阅读、法律英语听说训练等方面的内容。
4. 教学方法：采用讲授、案例分析、讨论、实践等教学方法，以提高学生的法律英语实际应用能力。
二、第一章：法律英语基本词汇1. 教学目标：使学生掌握法律英语基本词汇，能够阅读和理解法律文件。
2. 教学内容：1) 法律主体：政府、法院、法庭、法官、律师等2) 法律行为：合同、侵权、犯罪等3) 法律文件：起诉状、答辩状、判决书等3. 教学方法：通过讲解、举例、练习等方式，使学生掌握法律英语基本词汇。
4. 课后作业：要求学生记忆所学词汇，并能运用到实际法律文件阅读中。
三、第二章：法律英语阅读1. 教学目标：提高学生阅读法律文件的能力，使学生能够独立阅读和理解英文法律文件。
2. 教学内容：1) 法律文件的结构和特点2) 法律条款的表述方式3) 案例分析：阅读和讨论英文法律案例3. 教学方法：采用案例分析法，引导学生通过阅读和法律逻辑推理，理解法律条款的含义。
4. 课后作业：要求学生阅读英文法律文件，并进行案例分析。
四、第三章：法律英语听说训练1. 教学目标：提高学生的法律英语听说能力，使学生能够熟练运用法律英语进行交流。
2. 教学内容：1) 法律英语口语表达方式2) 法律英语听力训练3) 模拟法庭：学生进行角色扮演，进行模拟法庭辩论3. 教学方法：采用模拟法庭、角色扮演等方法，进行法律英语听说训练。
4. 课后作业：要求学生进行法律英语口语练习，并进行模拟法庭辩论。
五、第四章：法律英语写作2. 教学内容：1) 法律英语写作的基本要求2) 法律文件起草和修改3) 案例分析：分析和讨论英文法律文件的写作技巧3. 教学方法：采用案例分析法，引导学生通过阅读和法律逻辑推理，掌握法律英语写作技巧。
法律英语课件-legal English(2014)
组织有关信息并得出合理结论的能力
批判性地推理能力
对他人的推理进行分析和评价的能力
LSAT考试满分为180分，最低分为120分
，其计算方法是根据选择的正确的答案的数目 来确定。选对25个左右，分数大概为130分； 选对39个左右，分数大概为140分；选对55个 ，分数大概为150分；选对72个，分数为160； 选对87个，分数为170分；选对98个以上，分 数为满分180分。一般好的学校要求的成绩都在 160分以上。考试成绩一般在考后五周左右由主 办机构寄出，直接寄给考生本人。LSAT成绩在 5年内有效。
到众多法律英语爱好者和法律工作求职者的
关注。TOLES考试包括三个等级：TOLES
Advanced; TOLES Higher; TOLES Foundation。
ห้องสมุดไป่ตู้
考生应该根据自身的英语水平和法律知
识水平选择相应的考试，而不一定要三个等
级考试全都参加。TOLES考试每年3月、6月
、和11月举行3次
TOLES FOUNDATION EXAMINATION
ILEC作为ESOL于2008年推出的又一项崭 新的职业认证证书目前已被欧洲公司律师公会
、欧洲法律专业学生协会、国际青年律师公会 及欧洲青年律师公会认可。ILEC考察证书申请 人在法律领域运用英语的能力，分为听力（40 分钟）、阅读（75分钟）、写作（75分钟）和 口语（16分钟）四个部分。语言等级相当于雅 思（IELTS）5.0-7.0分。成绩分为三个及格等 级和两个不及格等级。
该考试的目的是以法律英语这门技术语 言为媒介，来核查考生对英美法民商事部门 法知识的掌握，从而满足律师事务所、公司 、法律机构、律师和法律系学生测评个人法 律英语水平的需要。
法律英语课件2 PPT
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
• It is customary to retain local counsel for matters in other jurisdictions.
• 为处理在别的管辖区内的法律问题而聘请当 地律师是很平常的事。
before or after admission. • 在进入律师行业之前或之后不需要有学徒经
历。
• The rules for admission to practice before the federal courts vary with the courts,
• 在联邦法院执业的要求各州不同。
法律英语课件2
If there were no bad people, there would be no good lawyers. Charles Dickens, British novelist
倘若世上没有坏人，也就不会有好的 律师。 英国小说家 狄更斯 C
Background
• 律师 • 法官 • 检察官 • 法学教师
• 有些州曾把“本州居民”规定为申请律师资 格的前提条件。但联邦最高法院在1985年裁 定这种规定为非法。此外，在美国担任律师 的人并不必须是美国公民。
• One who moves to another state can usually be admitted without examination if one has practiced in a state where one has been admitted for some time, often five years.
各州律师联考 州综合问答题
法律英语课件
Lesson One Modern Legal Education1 French lawyers are trained in universities, and English barristers, on the other hand, enter the profession as members of one of four Inns of Court, which are combinations of a law school and professional organization法国律师是在大学里培养出来的，而英国的大律师是作为四大律师学院之一的成员进入律师这一行的，这些律师学院是由法学院和专业组织组成的。
2 Today, American legal education is almost uniformly postgraduate professional education at a formal law school, usually affiliated with a university. And a degree from an ap proved law school is common requirement for admission to the bar, although the apprenticeship route is still open, theoretically, in a number of states.今天，美国的法律教育几乎统一都是在正式的法学院进行大学后职业教育，这所法学院通常隶属于一个大学。
得到经美国律师协会批准的法学院的学位是进入律师行业的通常要求，尽管在理论上许多州仍允许存在经过学徒期成为律师这样的路径3 State university law school tend to concentrate on thetraditional law courses: contracts, torts, constitutional law, procedure, property, wills, trust and estates, corporation, partnerships, agency, international law, maritime law, labor law, administrative law.州立大学法学院往往注重传统课程：合同法，宪法，程序法，财产，遗嘱，信托和财产，公司，合伙，代理，国际法，海商法，劳动法，行政法。
法律英语-侵权法 (课堂PPT)
儿童受伤
14
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害 A plaintiff can play on the human reaction of
persons under the legal drinking age, or those who are obviously intoxicated.
People who serve alcoholic beverages may be liable under state laws for damages resulting from the consumption of those beverages.
21
“dram- shop acts” 小酒店法令
A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.
美国允许律师分享原告所获得的赔偿金 （胜诉酬金）
Amount to 25 to 33% of the verdict 酬金达到法院判付金额的25-33%。
16
A tort action 侵权诉讼
A lengthy proceeding
诉讼程序时间长
Large expenses — honoraria for experts
lovers, strangers.
《法律英语教案》课件
Effective Communication
Enhance your oral communication skills to effectively interact with clients, colleagues, and stakeholders in legal settings.
Negotiation Techniques
Understand the importance of proper citation and referencing in legal writing, including using standardized legal citation formats.
Legal Communication and Negotiation in English
Master negotiation strategies and tactics to achieve favorable outcomes for clients in legal disputes and business transactions.
Courtroom English and Language Skills
3
Legal Concepts
Delve into complex legal concepts and theories, and learn how to express them accurately and appropriately in English.
Laws and Regulations in Englishspeaking Countries
Common Law Systems
Discover the legal systems and principles followed in English-speaking countries, including the United Kingdom and the United States.
法律英语课件
法律英语课件Law English CoursewareIntroductionIn today's globalized world, the importance of legal professionals proficient in English cannot be overstated. As the legal field increasingly interacts with international counterparts, it is crucial to have a strong grasp of legal English to effectively communicate and understand legal concepts. This courseware aims to enhance your knowledge and skills in the field of legal English by providing comprehensive lessons and interactive exercises.Lesson 1: Legal TerminologyUnderstanding legal terminology is essential in comprehending and drafting legal documents accurately. This lesson will cover a wide range of commonly used legal terms and their definitions. Each term will be presented in context, allowing you to grasp their proper usage.Lesson 2: Legal WritingEffective legal writing is precise, concise, and unambiguous. This lesson will focus on honing your skills in drafting legal documents, such as contracts, pleadings, and legal opinions, by examining the fundamental principles of legal writing in English. Key areas of emphasis include logical organization, clarity, and use of appropriate language.Lesson 3: Legal ResearchBeing adept at conducting legal research is a fundamental skill for any legal practitioner. This lesson will guide you through the intricacies of legalresearch in English, including locating primary and secondary sources, utilizing online databases, and critically analyzing and synthesizing legal information.Lesson 4: Contract LawContracts form the backbone of business transactions and legal relationships. This lesson will delve into the essential elements of contract law, including offer and acceptance, consideration, and terms and conditions. Additionally, the lesson will cover the drafting of contracts using clear and unambiguous language to ensure enforceability.Lesson 5: Intellectual Property LawWith the rapid advancement of technology, the protection of intellectual property rights is of utmost importance. This lesson will explore the basicsof intellectual property law, including copyrights, trademarks, and patents. It will provide an overview of the legal framework governing intellectual property and the measures required to safeguard these rights.Lesson 6: Dispute ResolutionResolving disputes through litigation or alternative methods is a significant aspect of the legal profession. This lesson will introduce you to the different methods of dispute resolution, including litigation, arbitration, and mediation. It will also address the use of legal English in presenting arguments and negotiating settlements.ConclusionThe ability to navigate the complexities of legal English is indispensable for lawyers, legal scholars, and students aspiring to enter the legal profession. This courseware aims to equip you with the necessary knowledge and skills to excel in this field. By enhancing your understanding of legal terminology, legal writing, legal research, contract law, intellectual property law, and dispute resolution, you will be well-prepared to communicate effectively and navigate the global legal landscape with confidence.Remember, continuous practice and engagement with the material will solidify your grasp of legal English. Embrace the opportunity to develop your proficiency in this vital area, and it will undoubtedly open doors to a successful legal career.。
第二课法律英语
法律英语
24
第二第十二四十四页页，，课课件件共共有有1031页03页
每个州有一个律师资格考试委员会， 负责组织本州的律师资格考试。
考试时间一般设在每年的2月和7月， 每次考两天。第一天是综合法律考
试，内容涉及美国各种法律，形式为 选择题。第二天为本州法律考试，形 式一般为问答题和案例分析。美国律 师资格考试的通过率很高。
In contrast, solicitors generally engage in preparatory work and advice, such as drafting and reviewing legal documents, dealing with and receiving instructions from the client, preparing evidence, and managing the day-to-day administration of a matter. Solicitors can provide a crucial support role to a barrister when in court, be it in managing large volumes of documents in the case or even negotiating settlements outside the courtroom while the trial continues inside.
法律英语
15
第十五页，课件共有103页
相比之下，律师一般从事筹备和法律 咨询工作，如起草和审查法律文件， 处理客户提出的要求，准备证据，和 进行重要的日常管理工作。在法庭上 律师可以向大律师提供一个重要的支 撑作用，不仅是在处理大量的文件的 过程中，甚至在庭外进行谈判或庭内 进行审判。
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各州律师联考 州综合问答题
法律英语
10
• The Multistate Bar Examination (MBE) is a six-hour, twohundred question multiplechoice examination covering contracts, torts, constitutional law, criminal law, evidence, and real property.
在公司的董事会任职
从事商业活动
积极参与公共事务
法律英语
19
A lawyer remains a member of the bar even after becoming a judge, an employee of the government or of a private business concern, or a law teacher, any may return to private practice from these other activities.
从事律师业务
参加任何其他公民可以参加的活动
法律英语
18
It is not uncommon for practicing lawyer to serve on boards of directors of corporate clients, to engage in business, and to participate actively in public affairs.
法律英语
27
there is no branch of profession that has a special or exclusive right to appear in court, nor is there a branch that specializes in the preparation of legal instruments.
律师通常在一个地区执业 可以代表当事人到其他州办理事务 只能在获准开业的州从业
法律英语
15
It is customary to retain local counsel
for matters in other jurisdictions.
在其他管辖区保留当地律师的身份是一 种惯例。
有些州曾把“本州居民”规定为申请律 师资格的前提条件。但联邦最高法院在 1985年裁定这种规定为非法。此外，在 美国担任律师的人并不必须是美国公民。
法律英语
25
In 1925 he was nominated to the Supreme Court. While on the Court, Stone was a strong supporter of President Roosevelt's New Deal legislation. Roosevelt appointed Stone Chief Justice in 1941. Stone died in 1946 at the age of 73.
years.
如果一个人已经执业5年以上，那 么当他移居到另外一个州的时候， 通常不用再参加该州的律师资格考 试就可以获准执业。
法律英语
17
A lawyer may not only practice law, but is permitted to engage in any activity that is open to other citizens.
美国： 出庭代理诉讼 准备法律文书
attorney
法律英语
28
The American lawyer’s domain includes advocacy, counseling, and drafting. Furthermore, within the sphere broadly defined as the “practice of law” the domain is exclusive and is not open to others.
三年大学 法律学位 书面考试
法律英语
9
Almost all states, however, make use of the Multistate Bar Exam, a daylong multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
法律英语
12
In all, over forty thousand persons succeed in passing these examinations to the bar in their respective states.
每年各州有4万多人通过律师考试。
No apprenticeship is required either before or after admission.
法律英语
16
One who moves to another state
can usually be admitted without
examination if one has practiced in
a state where one has been
admitted for some time, often five
律师
教授 总检 首席大
院长 察长 法官
法律英语
22
Distinguished jurist Harlan Fiske Stone was born on October 11, 1872 in Chesterfield, New Hampshire.
著名法理学家
Harlan Fiske Stone
最高法院法官 罗斯福新政 最高法院首席大法官
法律英语
26
These is no formal division among lawyers according to function.
美国没有律师职业的划分。
英国：
Barristers：出庭律师、 大律师、诉讼律师
Solicitors：诉状律师、 小律师、非诉律师
1872- 1946
法律英语
23
• After graduating from Amherst College in 1894, he continued on to Columbia University from which he received his law degree in 1898. The next year he was admitted to the New York bar.
有很少数量的律师为了从事工商业活 动而放弃律师业务。
法律英语
21Βιβλιοθήκη The mobility as well as the sense of public responsibility in the profession is evidence by the career of Harlan Fiske Stone who was, at various times, a successful New York lawyer, a professor and dean of the Columbia School of Law, Attorney General of the United States, and Chief Justice of the United States.
代理诉讼，出庭辩护； 咨询服务； 起草文书； 律师实务
法律英语
29
In the field of advocacy, the rules are fairly clear: any individual may represent himself or herself in court but, with the exception of a few inferior courts, only a lawyer may represent another in court.
• 加入纽约律师协会
法律英语
24
In 1910 Stone became the dean of the Columbia Law School. In 1924 he was appointed by President Coolidge to be Attorney General.
哥伦比亚大学法学院院长 司法部长（总检察长）
对法律职业的管制主要是州政府的事。 各州都有自己的允许律师执业的条件。
法律英语
8
Most require three years of college and a law degree.
Each state administers its own written examination to applicants for its bar.
Lesson Two
Legal Profession 法律职业
法律英语
1
If there were no bad people, there would be no good lawyers. Charles Dickens, British novelist
倘若世上没有坏人，也就不会有好的 律师。 英国小说家 狄更斯 C
法律英语
11
A substantial fraction of all applicants succeed on the first try, and many of those who fail pass on a later attempt.
第一次就通过考试的人很多，并且第 一次失败的申请者在第二次考试时通 过的也不在少数。