Lesson 11 Legal Writing

第1篇Introduction:Legal cases are an integral part of the legal system, providing precedents and shaping the interpretation of laws. This essay aims to analyze a hypothetical legal case, Smith v. Johnson, and discuss the key issues, arguments, and outcomes. The case revolves around the interpretation of a contract and the principles of contract law.Background:Smith and Johnson entered into a contract for the sale of a property. The contract was drafted and signed by both parties, specifying the terms and conditions of the sale. However, disputes arose between Smith and Johnson regarding the interpretation of certain clauses in the contract. Smith filed a lawsuit against Johnson, seeking specific performance and damages.Facts of the Case:1. Smith and Johnson entered into a contract for the sale of a property.2. The contract was drafted and signed by both parties.3. The contract contained certain clauses that were subject to dispute.4. Smith filed a lawsuit against Johnson, seeking specific performance and damages.Issues in the Case:1. Interpretation of Contract Clauses: The primary issue in the case revolves around the interpretation of certain clauses in the contract. Both parties presented different interpretations of the clauses, leading to a dispute.2. Breach of Contract: Johnson argued that he had not breached the contract, as he believed that the interpretation of the clauses was in his favor. On the other hand, Smith contended that Johnson had breached the contract by not adhering to the agreed-upon terms.3. Specific Performance: Smith sought specific performance, which would require Johnson to fulfill his obligations under the contract. Johnson opposed this, arguing that it would be unjust and unenforceable.4. Damages: Smith also claimed damages for the breach of contract. Johnson denied the claim, asserting that the breach was minor and did not cause significant harm.Arguments and Rationale:1. Interpretation of Contract Clauses: The court would analyze the language used in the contract to determine the parties' intentions. The court would consider the plain meaning of the clauses, the overall context of the contract, and any relevant extrinsic evidence, such as correspondence between the parties.2. Breach of Contract: The court would determine whether Johnson's actions or omissions constituted a breach of contract. The court would consider the parties' obligations under the contract and whether Johnson's conduct failed to meet those obligations.3. Specific Performance: The court would weigh the factors relevant to granting specific performance. These factors include the nature of the contract, the availability of alternative remedies, and the potential hardship on the non-breaching party. The court would also consider whether granting specific performance would be equitable.4. Damages: The court would assess the damages claimed by Smith. The court would consider the extent of the breach, the foreseeability of the damages, and the mitigation efforts of both parties.Outcome:Based on the analysis of the arguments and the applicable legal principles, the court ruled in favor of Smith. The court held that the interpretation of the contract clauses favored Smith's position. The court found that Johnson had breached the contract by not fulfilling his obligations. The court granted specific performance, ordering Johnson to fulfill his obligations under the contract. Additionally, the courtawarded damages to Smith, considering the extent of the breach and the harm caused to him.Conclusion:The case of Smith v. Johnson highlights the complexities involved in contract law and the interpretation of contracts. The court's decision emphasizes the importance of clear and unambiguous language in contracts, as well as the need for parties to adhere to their obligations. Thiscase serves as a precedent for future contract disputes, guiding courts in interpreting contracts and determining the appropriate remedies for breaches. It underscores the significance of legal analysis and the role of the judiciary in ensuring justice and upholding the rule of law.第2篇IntroductionLegal cases play a crucial role in shaping the law and providing guidance for future disputes. The case of Smith v. Johnson is a notable example that highlights the complexities and nuances of property law, particularly concerning the ownership of real estate. This analysis aims to dissect the key issues presented in the case, evaluate the reasoning of the court, and discuss the broader implications of the decision.Facts of the CaseThe case of Smith v. Johnson revolves around a dispute over the ownership of a piece of land situated in a bustling city. The plaintiff, Smith, claimed that he had purchased the land from the defendant, Johnson, several years prior. Johnson, however, alleged that the sale was void and that he retained ownership of the property.The dispute arose when Smith began developing the land, only to behalted by Johnson, who demanded that he cease all activities. Smith, claiming that he had been in possession of the property for an extended period, sought a declaratory judgment confirming his ownership.Issues in the CaseThe primary issue in the case was whether the sale of the land between Smith and Johnson was valid. The court had to consider several factors, including the existence of a valid contract, the transfer of ownership, and the intention of the parties involved.1. Validity of the Contract: The court had to determine whether the agreement between Smith and Johnson was legally binding. This involved examining the terms of the contract, the intention of the parties, and whether any fraud or misrepresentation had occurred.2. Transfer of Ownership: The court needed to establish whether ownership of the land had been successfully transferred from Johnson to Smith. This required a review of the conveyance process, including the execution of deeds and the recording of the transaction.3. Intention of the Parties: The court had to ascertain whether both Smith and Johnson intended to enter into a binding agreement. This was crucial in determining the validity of the sale and the parties' respective rights.Reasoning of the CourtThe court, after a thorough examination of the evidence, concluded that the sale of the land between Smith and Johnson was valid. The court's reasoning can be summarized as follows:1. Valid Contract: The court found that the agreement between Smith and Johnson was indeed a valid contract. The terms were clear, the intention of the parties was unambiguous, and there was no evidence of fraud or misrepresentation.2. Transfer of Ownership: The court confirmed that ownership of the land had been successfully transferred from Johnson to Smith. The conveyance process was completed correctly, and the deed was properly recorded.3. Intention of the Parties: The court ruled that both Smith and Johnson intended to enter into a binding agreement. There was no evidence to suggest that either party had any intention of reneging on the deal.Implications of the DecisionThe decision in Smith v. Johnson has several significant implications:1. Clarification of Property Law: The case provides clear guidance onthe requirements for a valid sale of real estate. It emphasizes the importance of a valid contract, proper conveyance, and the intention of the parties.2. Protection of Buyer's Rights: The decision reinforces the principle that buyers of real estate have the right to ownership once the sale has been completed. This protects buyers from claims by sellers who seek to void the transaction.3. Precedent for Future Cases: The case sets a precedent for similar disputes over property ownership. Other courts can refer to Smith v. Johnson when dealing with similar issues, ensuring consistency in the application of property law.ConclusionThe case of Smith v. Johnson serves as a valuable lesson in property law, illustrating the complexities involved in disputes over real estate ownership. The court's reasoning provides clear guidance on the requirements for a valid sale and the rights of buyers. This decisionnot only clarifies property law but also protects buyers from fraudulent sellers and sets a precedent for future cases.第3篇Introduction:Defamation law has been a significant area of legal debate, particularly in relation to public figures. This case analysis focuses on a landmark Supreme Court decision that addresses the issue of defamation and its application to public figures. The case involves a well-known public figure who sued a media outlet for defamation. This analysis will delve into the facts of the case, the legal principles involved, and the implications of the Supreme Court's decision.I. Case BackgroundA. Plaintiff's Background:The plaintiff, John Doe, is a well-known public figure and television personality. He has been involved in numerous controversies and has faced significant public scrutiny over the years.B. Defendant's Background:The defendant, ABC Media, is a major news organization that has been reporting on various public figures and events for many years.C. The Incident:In an article published by ABC Media, Doe was accused of engaging in illegal activities and was portrayed in a negative light. Doe filed a lawsuit against ABC Media, claiming defamation.II. Legal Principles InvolvedA. Defamation:Defamation is the communication of a false statement that harms the reputation of an individual. It can be libel (written) or slander (spoken). To prove defamation, the plaintiff must establish that the defendant made a false statement of fact, the statement was communicated to a third party, and the statement caused harm to the plaintiff's reputation.B. Public Figures:Public figures are individuals who are involved in public life and have gained widespread recognition. They are subject to a higher standard of proof in defamation cases, known as the "actual malice" standard.III. Supreme Court DecisionA. The Supreme Court's Rationale:The Supreme Court, in a unanimous decision, ruled in favor of ABC Media. The Court held that Doe, as a public figure, was required to prove that ABC Media acted with "actual malice" when publishing the defamatory statement.B. Actual Malice Standard:The Court emphasized that public figures must prove that the defendant knew the statement was false or acted with reckless disregard for the truth. This standard is designed to protect the First Amendment rights of the media and ensure that public figures do not silence criticism through defamation lawsuits.C. Implications of the Decision:The Supreme Court's decision has significant implications for defamation law and the rights of public figures. It establishes a higher burden of proof for public figures, making it more difficult for them to win defamation lawsuits against media outlets.IV. AnalysisA. The Importance of the Actual Malice Standard:The actual malice standard is crucial in balancing the rights of public figures and the media. It ensures that public figures do not suppress free speech and that the media can report on public matters without fear of being burdened with costly defamation lawsuits.B. The Role of Public Figures:Public figures play a critical role in our society, often serving asrole models or representatives of various interests. It is importantthat they are held to a higher standard of proof in defamation cases to prevent them from using the legal system to silence criticism.C. The Impact on Media Freedom:The Supreme Court's decision upholds the principle of media freedom and the importance of a free press. By requiring a higher burden of prooffor public figures, the Court encourages the media to report on public matters without fear of being sued for defamation.V. ConclusionThe Supreme Court's decision in this defamation case is a significant legal precedent that impacts the rights of public figures and the media. By establishing the actual malice standard, the Court ensures thatpublic figures cannot silence criticism and that the media can continue to report on public matters without fear of defamation lawsuits. This decision highlights the importance of a free press and the need for a balanced approach to defamation law.。

Lesson 11 Not guiltyguilty ['gɪlti]adj. 有罪的；内疚的be guilty of …He is guilty of murder.be innocent of …He is innocent of murder.have a guilty consciencehave a clear conscienceguilt innocenceIt now remains for the jury to decide on the defendant's guilt or innocence.crimecommit a serious crimesinIt is a sin to tell a lie.tolerant ['tɒlərənt]adj. 宽容的tolerant adj. willing to accept other people's beliefs, way of life, etc. without criticizing them, even if you disagree with thembe tolerant of / towards …Perhaps you need to be more tolerant of your neighbors.tolerable adj.in tolerable healthThe doctors manage to keep the pain at a tolerable level.tolerate v.Why people are prepared to tolerate a four hour journey each day for the dubious privilege of living in the country is beyond me.forbearing adj.The vicar praised what he called her "kind and forbearing nature".easy-going adj.Her easy-going nature made her popular.declare [dɪ'kleə(r)]v.（向税务部门或海关）申报；声明，宣布You must declare all you have earned in the last year.―Have you anything to declare?―No, I have nothing to declare.I declare you man and wife.China declared independence in 1949.The Chinese government has declared war on official corruption.declarationthe Declaration of Independencethe United Nations Declaration of Human Rightsprofessional[prə'feʃənl]adj. 职业的，专业的，内行的；n. 专业人士，内行a professional boxerYou will need to seek professional advice about your claim for compensation.You sing like a real professional.amateur n. & adj.The tournament is open to both amateurs and professionals.I shouldn't employ them―they're just a bunch of amateurs.an amateur photographerprofessionthe medical / legal / teaching professionoccupationState your name, age, and occupation in the box below.My occupation is an accountant. XvocationShe believes she has found her true vocation in life.dreadful ['dredfl]adj. 可怕的；糟糕的a dreadful / terrible accident, disease, nightmareWe’ve had some dreadful / terrible weather lately.All the things I had packed so carefully were soon in a dreadful mess.dread v. & n.dread doing sthI dread being sick.He dreaded having to spend Christmas in hospital.live in dread of …The committee members live in dread of anything that may cause a scandal.We live in dread not only of unpleasant insects like spiders or wasps, but of quite harmless oneslike moths.perfume ['pɜ:fju:m]n. 香水；香味scent / perfume / fragrancethe scent of ripe fruitthe perfume of flowersthe fragrance of lilacsscented / perfumed / fragrantscented / perfumed soapthe Fragrant Hillsaroma the aroma of hot coffeesmell funny smellsmelly smelly feetodour / odor body odour / odorodourless / odorlessCarbon monoxide is a colorless, odorless and noxious gas.sarcastically [sɑ:'kæstɪklɪ]adv. 讽刺地，说反话地sarcasm / ironywith heavy sarcasm / irony'Good of you to arrive on time,' George said, with heavy sarcasm / irony.hint / trace / touch of sarcasm / ironyThere was a hint of sarcasm / irony in her voice.sarcastic / ironican sarcastic / ironic smile / remark / expression etcI was almost there when a sarcastic voice below said, 'I don't think the windows need cleaning at this time of the night.'sarcastically / ironically'Oh good,' he said sarcastically / ironically.'Perfume, eh?' he asked sarcastically.the irony of fateIt's ironic that she became a teacher ―she used to hate school.Ironically, his cold got better on the last day of his holiday.baggage ['bægɪdʒ]n. 行李baggage / luggagetrunk / suitcase …→baggage / luggagetable / chair …→furniturepen / pencil …→stationeryjewel→jewelry / jewelleryscene→scenery weapon→weaponrymachine→machinery poem→poetrynovel→fiction myth→mythologyleaf→foliageCustoms Officers are quite tolerant these days, but they can still stop you when you are going through the Green Channel and have nothing to declare.customscustoms officersIt took ages to clear customs but then we were out of the airport quite quickly.You won't be able to take that through customs.customthe custom of giving presents at ChristmasChinese traditional customsthese days today nowadaysgo throughWhen you're going through a crisis, it often helps to talk to someone.I've gone through all my pockets but I can't find my keys.The Officer went through the case with great care.When she caught up with them, she saw that they had sat down and were going through the contents of the bag, so she ran straight at them.―Have you anything to declare?―No, I have nothing to declare.make sb. do sth.be made to do sth.I made him repeat it.He was made to repeat it.see / hear / notice sb. do sth.be seen / heard / noticed to do sth.I saw / heard / noticed him leave the room.He was seen / heard / noticed to leave the room.see / hear / notice sb. doing sth.be seen / heard / noticed doing sth.I saw him crossing the road.He was seen crossing the road.I heard the girl singing in the room.The girl was heard singing in the room.Almost any day a young porpoise may be seen trying to turn a 300-pound sea turtle over by sticking his snout under the edge of his shell and pushing up for dear life.The missing boy was last seen ______ near the river.(A) playing(B) to be playing(C) play(D) to playCustoms Officers are quite tolerant these days, but they can still stop you when you are going through the Green Channel and have nothing to declare. Even really honest people are often made to feel guilty. The hardened professional smuggler, on the other hand, is never troubled by such feelings, even if he has five hundred gold watches hidden in his suitcase.The hardened professional smuggler, on the other hand, is never troubled by such feelings, even if he has five hundred gold watches hidden in his suitcase.hardened adj. someone who is hardened has had a lot of difficult or unpleasant experiences and is no longer much affected by such thingsa hardened criminal / police officer etc.The children became hardened to the violence.on the other hand …; on the one hand … on the other (hand) … used to indicate contrasting points of view, opinions, etcI'd like to eat out, but on the other hand I should be trying to save money.On the one hand they'd love to have kids, but on the other (hand), they don't want to give up their freedom.for one thing …; for one thing … for another … used to introduce a reason for sth―“Why don’t you get a car?”―“Well, for one thing, I can’t drive!”―"Why won’t you come to New York with me?"―"For one thing, I don't like flying, and for another, I can't afford it."trouble v. if a problem troubles you, it makes you feel worried or upsetDon’t trouble trouble until trouble troubles you.造句：他的口袋里藏着一张大额的钞票。

Legal Writingv.6 July 2007This document, with any later amendments, isavailable from the Law School’s Web pages at</nuls/lectures/legwrit/index.htm>Legal Writing (2)The importance of legal writing (2)Types of exercise (2)Assessment Criteria (3)Planning (3)Research (3)Writing (3)Spelling, Grammar and Style (5)Revise (5)Citation of sources (6)Selection of sources (6)House Style (6)Numerical system of citation (7)How to cite legislation (8)Acts of Parliament (8)How to cite case law (10)English cases (10)Court of Justice of the European Communities (14)International Court of Justice (14)Foreign cases (14)How to cite Books and Journals (14)Recommended house style (14)How to cite electronic sources (15)Internet sources (15)Digital Object Identifiers (16)Ephemeral sources (16)CD-ROM (16)Supplements (17)Common Abbreviations (17)Author/date system (18)Legal WritingThis document has been approved by the Board of Studies of Law in an attempt to set a standard for acceptable legal writing. If you follow its advice, you cannot be open to criticism. If you do not, you may be criticised, and you may have marks deducted.The document contains advice about good style for legal writing, defines an acceptable house style for the use of footnotes, and outlines rules for the citation of primary and secondary legal sources.The importance of legal writingThe principal method of assessment in the Law School is written work whether by examination, assessed written work, or dissertation. Written work may take several different forms. You may be set a legal problem, or an essay, or you may be directed to write a letter, or a case note. This document contains general propositions applicable to all types of assessment, but is aimed particularly at word-processed answers. Matters of document style for assessed coursework and seminar essays are dealt with in the Degree Programme Handbooks.Types of exerciseProblem QuestionsThese consist of a statement of facts, usually with the direction to 'Advise X [one of the parties]'. The aim will be to analyse the facts to identify the legal issue(s), and analyse the law to find the relevant legal rule(s). Next will be the application of the law to the issue(s), and reaching a conclusion. Remember Issues Rules Application Conclusion - IRAC.Essay QuestionsIRAC is often a good starting point for an essay involving doctrinal analysis of the law. Start with an introduction identifying the legal issue(s) raised in the essay title, review the law, state how the law affects the issue(s) and reach conclusions in particular pointing to any areas where the application of the law is problematic or in need of reform.ExaminationsExaminations are normally hand-written, not word-processed, and you are not expected to reach the standards of citation of sources set out in this document. However, some of what follows about planning, writing and revision will be relevant to examinations.You may be asked to produce some other type of exercise e.g. a report, a case note, a memorandum or a letter. If in doubt precisely what is required, look for a model, and if still in doubt, ask.2Assessment CriteriaWritten work is assessed according to published assessment criteria, of which you should be aware. Two important general criteria are relevance and a critical approach. What you write must be relevant to the question set. If the relevance of any material is not obvious, you must justify its inclusion. Essay type questions may call specifically for critical analysis, but, whatever the type of exercise it will seldom be sufficient to describe the law without identifying and commenting upon its strengths or shortcomings, i.e. providing a critique.PlanningPlanning is the key to effective writing. Plan your use of available time, dividing the task into manageable sub-tasks. The first stage is to think about the title or problem, in order to decide the scope and purpose of your answer. It may be appropriate to discuss your ideas with other students, in order to test your interpretation of the title. You may need to decide who your readers are and what they need to know. By default, assume you are writing for a lawyer without detailed knowledge of the topic under consideration.ResearchYou will need to discover information by conducting library research. Make full use of printed and electronic searching to find relevant sources. Electronic sources are usually available on demand, but printed materials may not be available when you want them especially if a large group is engaged on the same exercise. The Copyright Licensing Agency rules displayed besides photocopiers have to be complied with, and the Law School is not always able to provide photocopies of relevant materials. Make notes about your sources, including an accurate reference complying with the rules set out in this document. You are solely responsible for the accuracy of these references and for complying with the University's rules about plagiarism.WritingWhatever the task, your aim should be to write clearly, directly and succinctly, avoiding bad grammar and spelling mistakes as well as unnecessary jargon, circumlocution, and tautology. In particular:•prefer familiar to unfamiliar words,•use a thesaurus to help find the precise word you need,•avoid inelegant, pompous or redundant words,•consider whether terms of legal jargon require definition or explanation,•write properly constructed sentences without undue subordinate clauses,•use a separate paragraph to develop each sub-topic, linking or relating the theme of each paragraph to the previous one and its function in relation to thewhole (a single sentence is unlikely to qualify as a paragraph).3StructureConsider carefully the order in which your material is to be arranged so that your arguments can be put as clearly as possible. No matter how good your ideas are, they depend upon your ability to communicate them. It is often a good idea to use headings and sub-headings to indicate clearly the structure of your answer. The use of defined headings in word-processed documents (described as 'outlining' in MS Word) is an efficient way of structuring and handling text during composition, because it enables you to promote or demote headings and re-arrange material with ease. The advantages of word-processing include the freedom to assemble a document from parts which can be rearranged to suit your theme, and the ability to re-write sections before committing them to print. Take advantage of this. You do not have to start writing the introduction and finish with the conclusion. It may be sensible to postpone writing the introduction until last.QuotationsQuotations must be enclosed in quotation marks ("...") and must have a pinpoint reference (page or, if available, paragraph number). Short quotations can be included naturally in the text, but anything that runs for more than three lines should be separated from the text in an intervening paragraph and indented from the left hand margin. Large numbers of long quotations should be avoided. Make sure you are aware of and comply with the rules against plagiarism. Unattributed quotation is plagiarism.FootnotesYou will need to be able to use word-processed footnotes. There is advice on the correct use of footnotes elsewhere in this document.AbbreviationsYou should use recognised legal abbreviations. Here is a list of common abbreviations.Ibid, loc cit, op cit, and cf.The modern practice is not to use these abbreviated Latin expressions in footnotes at all. Instead simply refer to another footnote by number e.g.:19. See n.12.You are likely to come across these abbreviations in legal writing. Their correct use is as follows:•Ibid (L, ibidem, in the same place)used in successive footnotes when the same authority is referred to repeatedly.4•Loc cit (L, loco citato, in the place cited)used in successive footnotes to refer to a page in a source previously referredto.•Op cit (L, opus citato, in the work cited)used in successive footnotes to refer to a source previously referred to.•Cf (L, confer, compare)used when some meaningful comparison may be drawn, and often misused.Spelling, Grammar and StyleAlthough your work will be marked primarily on its argument and content, spelling, grammar and style are also important factors. Unless you are genuinely dyslexic, bad spelling will be seen as taking less then adequate care. Bad grammar or a poor writing style may divert attention from the points you are trying to make with a consequent loss of marks.Here are some tips.•Do not form plurals with 'apostrophe s',courts = more than one court (i.e. plural)court's = of the or a court (i.e. genitive singular)courts' = of more than one court (i.e. genitive plural)Use "1990s" not "1990's" for the plural form.•Do not confuse singular and plural forms:The Court of Appeal is (not the Court ... are …)Parliament is (not Parliament are …)The Government is (not the Government are …)A committee is ( not a committee are…)A number is (not a number are …)•Do not use "it's" to mean "of it",its = of it,it's = it is or it hasThe best advice is: never use it's, use 'it is' or 'it has' instead.• A sentence needs a verb. End sentences with full stops.•Note the English spelling of "judgment" as applied to courts. In other contexts "judgement" is correct.•"Principal" means the first or highest in rank i.e. "chief"; "principle" is a fundamental proposition.•The modern form of "abolishment" is "abolition".ReviseInclude revision time in your plan. Proof read the entire document, checking for internal consistency, spelling and correct references.Spell CheckersWord processing spelling checkers should be used with caution. They will detect many typographical errors but may offer incorrect or even absurd alternative forms,5and are not a substitute for proof reading, and the use of a dictionary. U.S. spellings are inappropriate in U.K. documents.Citation of sources.Legal writing requires, in various measure, analysis, synthesis, evaluation and criticism of other documentary sources, which may be primary, such as cases and statutes, or secondary, such as books and articles. Suppression of sources can amount to plagiarism which may attract academic and possibly other penalties. The purpose of citation is to enable the reader to identify the writer's sources accurately and unambiguously. There are well-established conventions for the citation of legal materials in U.K. publications, but they differ from social science conventions and also from the practice in the U.S.Selection of sourcesAlways cite the best available source. Cite a primary source for any proposition of law. A primary source is the law itself, stated in legislation or in a binding case. Primary sources are authoritative statements of the law. Secondary sources consist of legal writing, and are never more than persuasive arguments. The authority of secondary sources has to be evaluated. Eminent jurists, especially after death has removed the possibility of any change of mind, are quote-worthy. So too, are authors of peer-reviewed articles in leading journals such as Modern Law Review, Cambridge Law Review, Oxford Journal of Legal Studies, Legal Studies (and for these purposes) Law Quarterly Review. Cite secondary sources for the views of their authors, not for a precis of a primary source.Student text books are not authority for propositions of law, nor are they peer-reviewed, so there will seldom be any occasion to cite them. Similarly, in-house accounts of reported cases on the websites of Solicitors firms are not the 'best available' source of the case.House StyleThe recommended house style for written work in the Law School is the numerical footnote system. Do not use endnotes. If you comply with the house style you cannot be faulted. You will be advised specifically if use of the author-date system is more appropriate.Citation must follow a recognisable existing pattern, uniformly and with internal consistency. Non-conforming citation will lead to deduction of marks. It makes good sense to keep a proper record (i.e. correct title, author, year, volume number, and page reference) of everything you read in preparing every piece of written work, (a) so that you can find it again if need be, and (b) so that you have adequate information for citing that source, should you decide to use it.If in doubt as to the standard form of a particular reference, consult a publication such as, Current Law or Halsbury's Laws of England. Most series of law reports and periodicals actually state their own method of citation.6Numerical system of citationThe principal system of citation of legal material in the UK and the recommended house style for word-processed documents in the Law School is the numerical system of numerically ordered footnotes. This process is automated by modern word-processing software, which you must be able to use. A complete list of all sources should be listed separately in a Bibliography appended to the written work. The Bibliography does not count against the word limit.Numerical system - example.In Khorasandijan v Bush31 the tort of nuisance was utilised to grant the plaintiff an injunction against the defendant who had previously been convicted of threatening and abusive behaviour and subsequently of threatening to kill but who continued to pester her by following her and by phoning her.32Footnotes (in numerical order)31 [1993] QB 727 CA32 Bridgeman J and Jones M, 'Harassing conduct and outrageous acts' (1994) 14 LS 180; Townshend-Smith, R 'Harassment as a Tort in English and American Law' (1995) 24 AALR 299.The BibliographyThe Bibliography should list all sources, both primary and secondary, used in the production of the written work, irrespective of whether they appear in footnotes. You should sub-divide the list into the different classes of materials e.g. Statutes, Statutuory Instruments, Cases, Journals, and Books.The advantage of full referencing in a bibliography (where word limits do not apply) is that, after your first citation of the source in the text, you will be able to truncate your references in the ‘main body’ of text.For example, the full reference to the two journal articles cited in n.32 (above) in the bibliography might read (in alphabetical order):Bridgeman, J. and Jones, M., ‘Harassing conduct and outrageous acts: a cause of action for intentionally inflicted mental distress,’ (1994) 14 Legal Studies 180Townshend-Smith, R 'Harassment as a Tort in English and American Law: the Boundaries of Wilkinson v Downton' (1995) 24 Anglo-American Law Review 299.Once this full reference has been provided (as at n.32), a further reference would merely require:46. Bridgeman and Jones, see n.32.This shortened citation leaves the source no less identifiable and reduces the number of words needed to cite it.7Full citations of case names in the bibliography allow for similar savings in the word count. Consider:24. Butler Machine Tool Co. Ltd. v. Ex-Cell-O Corporation (England) [1979] 1WLR 401With this full reference provided in the bibliography, and fully cited the first time the case is referred to in the main body of your assignment, a subsequent footnote in the main body would merely require:Butler Machine Tool, see n. 24Citation as set out above is compulsory. Wherever references appear in a piece of written work they count against permitted word totals for written work. Word totals take into account the requirement for citation.How to cite legislation.Acts of ParliamentWith very few exceptions, Acts of the UK Parliament have short titles provided by statutory authority:Dangerous Dogs Act 1991, s.10 Short title, interpretation, commencement and extent(1) This Act may be cited as the Dangerous Dogs Act 1991. Although the statute says 'may be cited…' you should treat this as imperative. Short titles have been enacted retrospectively for many older statutes.Short titles used to have a comma between the name of the Act and the year it was passed. The Tangynika Independence Act 1962 was the first to omit the comma, and modern practice is to leave it out, even for Acts passed before the practice changed. It is permissible to abbreviate the short title to initials, e.g. DDA 1991, provided there is no ambiguity.Acts of Parliament are published in their original form by the Queen's Printer who also publishes electronically the full text of the Data Protection Act 1984 and all Acts of Parliament passed since 1st January 1988. These are original versions only; they are not amended to take account of the process of legislative reform. Private publishers' editions of the statutes (e.g. Halsbury's Statutes; Current Law Statutes; CCH Editions; Blackstone's statutes) although not strictly authoritative, are highly reliable and often more convenient than Queen's Printer's copies, because they provide the amended text of the statute.8It will usually be sufficient to refer to the primary sub-division of statutes, namely sections, which in turn may be sub-divided into sub-sections, paragraphs and sub-paragraphs. Other sub-divisions employed include: parts; chapters; and schedules. Schedules contain paragraphs, which may be further subdivided into sub-, subsub, and even subsubsub-paragraphs, and a schedule may be subdivided into parts.To refer to a particular provision in an Act of Parliament use the following method: Companies Act 1985, s.6, orChildren Act 1989, s.15 and sch 1 para 5(n.b. NOT Companies' Act 1985 or Children's Act 1989, unless, of course, the genitive form is used in the short title.It is permissible to refer the "Section 10 of the Children Act 1989…" in the text, but use the shorter form in a footnote.Subordinate UK legislationSubordinate (delegated) legislation is issued in a series called Statutory Instruments (SIs) published on paper from 1894, and electronically from January 1987. They should be cited by their designated title which includes the year they were passed followed by SI year/number in parentheses (e.g. SI 1997/201).The Education (Mandatory Awards) Regulations 1997 (SI 1997/431)The title may be abbreviated to initial letters if to do so would not create ambiguity. Statutory Instruments may be further classified as an 'Order', sub-divided into articles; 'Regulations' sub-divided into regulations; and 'Rules' sub-divided into rules, abbreviated as 'r'.Order Regulations Rulesart arts reg regs r rrThe Civil Procedure Rules 1998 are divided into Parts with numbered Rules corresponding to the Parts. So CPR, Rule 6.4 is in Part 6 paragraph 4. Paragraphs may be sub-divided.Legislation of the European CommunityThe legislation of the European Community consists of the founding treaties, and secondary legislation in the form of Regulations, Directives, Decisions, Recommendations and Opinions. On 1 May 1999 the Treaty of Amsterdam renumbered the original arrangement of Articles of the Treaty of Rome and the Treaty on European Union. To avoid ambiguity the following method of citation is recommended.9On or after 1 May 1999Before 1 May 1999Article or Art 141 EC Article or Art 119 of the EC Treaty The Treaties may be abbreviated as follows:Treaty On or after 1 May1999Before 1 May1999Treaty on European Union EU EU Treaty European (Economic) CommunityTreatyEC EC (EEC) Treaty European Coal and Steel Treaty CS ECSC Treaty Euratom Treaty EA EAEC Treaty Examples of secondary legislation are:Regulation [Council] Regulation No 1111/77/EC, Arts. 8 and 9Directive [Council] Directive 76/207/ECDecision [Commission] Decision 89/58/ECThe full reference will be to the authoritative text in the Official Journal of the European Communities (abbreviated to OJ) where the secondary legislation was first published, together with the title, date and page number:Council Directive of 21 December 1976 on the Coordination of Procedures for the Award of Public Supply Contracts, Directive 77/62/EC OJ L13 15 January 1977 p 1.The OJ is issued in series: L contains legislation, C contains draft legislation.How to cite case law.English casesIntroductionThere are strong conventions governing the citation of case law in the UK, but no formal rules. This document sets out an acceptable practice or house style. Printed law reports (reports of decided cases) are produced by private publishers and since 1865, by a semi-official charitable body known as the Incorporated Council of Law Reporting for England and Wales. The method of citation of these sources is called proprietary citation. Some of these reports are also available from subscription on-line services such as Justis, Westlaw and Lexis Nexis.10In the late 1990s, the advent of digitally prepared judgments, particularly on the World Wide Web, led in January 2001 to the introduction of an additional system of medium neutral citation. This system provides a uniform method of citation independent of printed pages. Cases reported since the introduction of medium neutral citation will conform to the protocol of numbered paragraphs, even though printed on paper.Cases reported before January 2001 sometimes have medium neutral citations applied to them, but these are not authoritative.Proprietary CitationExamples:The Diechland [1990] 1 QB 361.In re Connan: ex parte Hyde 20 QBD 690.Grobbelaar v News Group Newspapers Ltd [2002] 1 WLR 3024.Explanation:Cases are cited by the name(s) of the parties followed by the reference of the publication in which the report of the case appears. Proprietary references do not tell you in which jurisdiction or court the case was heard, and it is good practice to add a suffix to indicate the court e.g. CA for Court of Appeal.Year VolumenumberSeries Page Suffix[1990] 1 QB 361 CA (1888) 20 QBD 690 CA [2002] 1 WLR 3024 HL(E)Notes:•AbbreviationsThe series of the report is always abbreviated. There is a list of commonabbreviations at Appendix I. Consult Current Law or Halsbury's Laws forfuller lists.•Page NumbersProprietary citation refers to printed pages.•Volume numbersAt the time In re Connan was decided (1888), only volume numbers wereused. You should include the year, but it must be in round brackets.•BracketsIn legal citation [ ] and ( ) round the year have special significance. [ ] meansthe year is an essential part of the reference so it must be included and in suchcases the use of [ ] is compulsory. ( ) means the year is not part of thereference. It should be included but it must be in round brackets.•ItalicsIn a word processed document the names of the parties are italicised, andalthough there is a convention that 'v.' is not italicised the house style permitsitalicisation the whole title, including v but not the reference. Underlining is aprinter's mark for italics and may only be used to indicate italics if italic scriptis not available.•PunctuationThe modern practice is not to use punctuation within case references. Inparticular the practice of placing a comma after the names of the parties andbefore the reference is no longer followed.•'Best report'You should follow the practice of the English courts to cite the report of anycase which is reported in the semi-official Law Reports in preference to areport of that case in any other series of reports. Cases reported in volumes 2and 3 of the Weekly Law Reports (WLR) are destined for publication in theLaw Reports, and should be cited only until they are displaced by thesubsequent Law Reports version of that case. Obviously, this practice need not be followed if the purpose of citing the earlier report is to draw attention tosome difference between the two versions.•Electronic versions of printed reportsThe electronic Law Reports from are exact facsimiles of the LawReports, with exactly the same method of citation and can be usedinterchangeably with the printed versions. Westlaw and Lexis Nexis are notexact facsimiles. Even though you may have read the case on Westlaw orLexis Nexis, use the medium neutral citation (if any) and proprietary citationreference to the best series of reports.•Pinpoint referenceIf you wish to refer to some specific point in a report, you should add the pagereference, and if to something said by a judge in the report (L, dictum, pluraldicta) then to the judge's name and page reference:Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 at182 per Lord Scarman.Medium Neutral CitationBy a Practice Note handed down by Lord Woolf CJ on 11 January 2001,all judgments in every division of the High Court and the Court of Appeal will be prepared for delivery, or issued as approved judgments, with single spacing, paragraph numbering (in the margins) but no page numbers.Example:Grobbelaar v. News Group Newspapers Ltd [2001] EWCA Civ 1213.Explanation:Cases are cited by the name(s) of the parties followed by the medium neutral citation. In addition to the year, the reference shows the jurisdiction, the court, the division of that court, the reference number assigned to the case by the official court shorthand writers, and (optionally) a paragraph reference for pinpoint referencing.Medium neutral citation does not use page numbers!Year Jurisdiction Court Division Reference No. Paragraph (if required) [2001] EW CA Civ 1213 [10]In this system EW = England and Wales (Scot = Scotland and NI = Northern Ireland). CA = Court of Appeal and Civ = CivilThe system was extended in 2002. In England and Wales the courts and divisions which are using medium neutral citation are:-Court Division AbbreviationHouse of Lords UKHLCourt of Appeal Civil EWCA CivCourt of Appeal Criminal EWCA CrimHigh Court Chancery EWHC (Ch)High Court Queen's Bench EWHC (QB)High Court Administrative Court EWHC (Admin)High Court Family EWHC (Fam)The Patents Court is EWHC (Pat), the Commercial Court EWHC (Comm), the High Court Admiralty Court is EWHC (Admlty), and the High Court Technology & Construction Court is EWHC (TCC).•Pinpoint ReferencesIf a case has a medium neutral citation you may use that alone, or you mayadd a reference to the best printed version of the case e.g. Grobbelaar v News Group Newspapers Ltd [2002] UKHL 40, [2002] 1 WLR 3024. A pinpointreference to a pre-medium neutral case will be to page number and side letter(if there is one). If the report has numbered paragraphs, then even in the caseof a printed report, the pinpoint reference should always be to the paragraphnumber (shown in [ ]).Medium Neutral Citation in the House of LordsThe Appellate Committee of the House of Lords was not bound by Lord Woolf CJ's Practice Note of 11 January 2001. On 18 January the House adopted its own slightly different version of medium neutral citation:Manifest Shipping Company Limited v. Uni-Polaris Shipping Company Limited, [2001] UKHL/1is the first case in the UK House of Lords in 2001. The neutral citation UKHL does not indicate the jurisdiction (England and Wales, Scotland, or Northern Ireland) from which the appeal arose. The 13th case on 22 March began omitting the / before the number of the case:Johnson (A.P.) v. Unisys Ltd [2001] UKHL 13。

Lesson One: Legal System 法律制度Background背景自从哥伦布(Christopher Columbus)于1492年航行至美洲之后，大批欧洲人便开始拥向这片"新大陆"。

不过，人们通常把第一批英国定居者(the first English settlers)于1607年到达弗吉尼亚(Virginia)的詹姆斯顿(Jamestown)视为美国法律制度历史的起点。

美国法制史可以大体上分为两个时期，即英属殖民地时期(the Period of the English Colonies)和美利坚合众国时期(the Period of the United States)。

虽然美国的法律制度是在英国法律传统的基础上形成和发展起来的，但是在近四百年的历史进程中，美国的法律制度也形成了一些不同于英国法律制度的特点，如公诉制度(public prosecution)等。

美国属于普通法系(Common Law Legal System)国家，其法律制度有两个基本特点：其一是以分散制(decentralization)为原则；其二是以判例法(case law)为主体。

美国除联邦政府外，还有州政府、县政府、市政府、镇政府等等，而且这些政府都是相互独立的，各自在其管辖范围内享有一定的立法权和执法权。

因此，有人说美国是"一个有许多政府的国家"(a country of many governments)；而美国的法律体系则是一个"零散的无系统"(fragmental no system)。

诚然，美国现在也有很多成文法(written law)或制定法(statutory law)，但是其法律制度仍是以判例法为主体的。

换言之，"遵从前例"(stare decisis)仍然是美国司法活动中最重要的原则之一。

以上两点对于理解美国的法律制度具有重要意义。

In international trade it is almost impossible to mach payment with physical delivery(实际交货) of the goods, which constitutes conflicting problems for trade, since the exporter prefers to get paid before releasing the goods and the importer prefers to gain control over the goods before paying the money. The letter of credit is an effective means to solve these problems. Its objective is to facilitate international payment by means of the credit-worthiness of the bank. This method of payment offers security to both the seller and the buyer. The former has thesecurity to get paid provided (假如) he presents impeccable（没有缺陷的）documents while the latter has the security to get the goods required through the documents he stipulates in the credit. This bilateral security is the unique and characteristic feature of the letter of credit.“Letter of credit” is often shortened as L/C or L.C. and is sometimes referred to as “banker’s commercial letter of credit”, “banker’s credit”, “commercial credit” or simply “credit”. Modern credits were introduced开始采用in the second half of the 19th century and hadsubstantial development after the First World War. The credit is a letter issued by a bank at the request of the importer in which the bank promises to pay upon presentation of theIt is actually a conditional bank undertaking（承诺）of payment.The operation of the letter of credit starts with the importer. He instructs his bank to issue an L/C in favor of the seller（以…为收益人）for the amount of the purchase. Here the importer is called the applicant （开证申请人）, or opener, principal etc., the bank that issues the credit iscalled the opening bank, the issuing bank or the establishing bank, (开证行) and the exporter in whose favor the credit is opened is called the beneficiary（受益人）. The opening bank sends the credit to its correspondent bank（往来行）in the exporter’s country, who will, after examining（检查）the credit, advise （通知）the exporter of its receipt. Here the correspondent bank is called the advising bank（通知行）. The exporter or beneficiary will make a careful examination（仔细检查）of all the contents of the credit and will request the opener to makeamendments修改to any discrepancies （不一致）in the credit so as to ensure safe and timely payment. Sometimes the exporter may require a confirmed letter of credit (保兑信用证) either because the credit amount is too large, or because he does not fully trust the opening bank. The bank that adds its confirmation（保兑）to the credit is called the confirming bank which is undertaken（承担）either by the advising bank or another prime （big）bank. When everything with the credit is in order, the exporter will prepare the relevant documentsbased on the credit and dispatch the goods to the importer. Then he will present the draft and the accompanying documents to the advising bank that pays or accepts (承兑) or negotiates（议付）the bill of exchange. The advising bank then also becomes the paying bank which acts as the agent of the opening bank and gets reimbursed（pay back）by the opening bank after paying the beneficiary. If a bank, either nominated （指定）by the opening bank or at its own choice, buys the exporter’s draft submitted to it under a credit, it is called a negotiatingbank (议付行). The draft and the documents will then be sent to the opening bank for reimbursement（偿付）.Letters of credit are varied in form, length, language, and stipulations. Generally speaking, however, they include the following contents:1. The number of the credit and the place and time of its establishment.2. The type of the credit.3. The contract on which it is based.4. The major parties relevant to the credit, such as the applicant, opening bank, beneficiary, advising bank. etc.5. The amount or value of the credit.6. The place and date on which the credit expires（失效）.7. The description of the goods including name of commodity, quantity, specifications, packing, unit price, price terms, etc.8. Transportation clause（条款）including the port of shipment, the port of destination, the time of shipment, whether allowing partial shipments or transshipment（转船）.9. Stipulations relating to the draft.10. Stipulations concerning the shipping documents required.11. Certain special clauses if any.e.g. restrictions on the carryingvessel（承运船只）and the route.12. Instructions to the negotiating bank.13. The seal or signature of the opening bank.14. Whether the credit follows “the uniform customs and practice for documentary credits”.The letter of credit provides security to both the exporter and the importer. However, it only assures payment to the beneficiary provided the terms and conditions of the credit are fulfilled. It does not guarantee that the goods purchased will be those invoiced or shipped. It isstipulated in Article 4 of the uniform customs and practice for documentary credit that “in credit operations all parties concerned deal in documents, and not in goods, services and/or other performance to which the documents may relate”. That is to say the banks are only concerned with the documents representing the goods instead of the underlying contracts. They have no legal obligation whether the goods comply with the contract. They will be considered as having fulfilled their responsibility so long as all the documents comply with thestipulations of the credit. The quality and quantity of merchandise shipped, although specified in the documents, ultimately depend on the seller who has manufactured, packaged, and arranged shipment for the goods.If the importer finds any problems with the goods, e.g. inferior quality or insufficient quantity, he has to contact or even take legal action against the exporter instead of the bank so long as the documents are “proper” on their face.。

《法律英语》教学大纲课程编号：100152B课程类型：□通识教育必修课□通识教育选修课□专业必修课□专业选修课√□学科基础课总学时：32讲课学时：30实验（上机）学时：0学分：2适用对象：法学本科生先修课程：宪法、民法、合同法、刑法一、教学目标本课程是针对法学院本科生的专业选修课，为已经具有一定法学基础和英语基础的学生开设。

在法律职业、法律实务以及法学研究日益国际化的背景下，本课程对完善本科生的知识结构，培养专业英语语言能力具有重要作用，其在法学院本科人才培养方案中处于基础性地位。

本课程的学习将为学生进一步学习法学院的其他课程，扩展视野，为学生参加英文的各类比赛活动有较大的帮助。

目标1：本课程主要讲授英文课文、讨论美国司法判例、引导学生课堂陈述，在修完本课程后，学生应掌握主要法律部门中基本和常用的法律英语术语，能运用，具备初级水准的法律英语阅读、写作及口头表达能力。

目标2：本课程的主题将涉及法律体系、司法系统，及宪法、行政法、合同法、侵权法、刑法、诉讼法等，通过课程学习，学生应大体了解英美法系国家的法律制度及法律文化，拥有国际视野。

目标3：本课程将引导学生检索法规、判例等英文原始资料，课程结束后，学生应了解主要的外文数据库和资料库，具备收集和整理法律英语文献和资料的能力。

二、教学内容及其与毕业要求的对应关系（一）教学内容讲授上的要求在课程内容分布上，重点讲授宪法、民法、合同法和刑法等基础法律部门中的重要法律英语术语。

其中，对于与普通英语在用法和意义上存在较大差别的专业术语，行业俚语等，细讲、精讲。

有关英美法律制度本身，粗讲或者选讲，以帮助学生获得专业英语运用能力为中心。

对于重点内容，通过借助视频资料、案例分析等方式进行讲授。

（二）拟采取的教学方法、教学手段本课程建议大量采用案例教学的方法，通过课前布置主题阅读任务、课堂分组讨论、学生陈述、模拟练习等方法提高学生的法律英语运用能力。

（三）对实践教学环节的要求无。

法律相关书籍英语作文Title: Exploring Legal Literature: Enhancing English Writing Skills。

Introduction:In today's globalized world, proficiency in English writing skills is paramount, especially in legal contexts where precision and clarity are essential. Accessing and understanding legal literature in English not only enriches one's legal knowledge but also fosters linguistic competence. This essay aims to explore the significance of legal literature in improving English writing skills and suggests some key resources for accomplishing this goal.Importance of Legal Literature in English Writing:Legal literature serves as a valuable resource for honing English writing skills due to its structured and formal nature. Engaging with legal texts allows individualsto grasp complex legal concepts and terminologies while refining their writing style. Moreover, exposure to legal literature facilitates the development of critical thinking and analytical abilities, which are indispensable for crafting compelling arguments in English essays and legal documents.Key Resources for Enhancing English Writing Skills through Legal Literature:1. Legal Dictionaries and Glossaries:Utilizing specialized legal dictionaries and glossaries is indispensable for comprehending legal terms and phrases in English. Resources such as Black's Law Dictionary provide concise definitions and explanations of legal terminology, aiding learners in accurately interpreting and using legal language in their writing.2. Case Law and Legal Opinions:Studying case law and legal opinions in English offersvaluable insights into legal reasoning and argumentation. Platforms like Westlaw and LexisNexis offer extensive databases of legal cases and opinions, allowing learners to analyze judicial decisions and understand the application of legal principles in real-world contexts. Reading and analyzing case law not only enhances understanding of legal concepts but also cultivates the ability to construct persuasive arguments in English writing.3. Legal Writing Guides:Consulting reputable legal writing guides is instrumental in improving English writing skills within a legal framework. Texts such as "The Bluebook: A Uniform System of Citation" provide comprehensive guidelines for legal citation and formatting, ensuring adherence to standard conventions in legal writing. Additionally, resources like Bryan A. Garner's "Legal Writing in Plain English" offer practical advice on clarity, conciseness, and precision in legal writing, enabling learners to communicate complex legal ideas effectively in English.4. Academic Journals and Legal Publications:Engaging with academic journals and legal publications exposes learners to scholarly discussions and debateswithin the legal field. Journals like the Harvard Law Review and the Yale Law Journal publish articles covering a wide range of legal topics, offering valuable insights into current legal issues and academic perspectives. Analyzing articles from reputable legal publications enhances comprehension of advanced legal concepts and fosters the development of sophisticated writing skills in English.5. Online Legal Courses and Workshops:Participating in online legal courses and workshops provides interactive learning opportunities for improving English writing skills in a legal context. Platforms such as Coursera and edX offer courses on legal writing, contract law, and other legal subjects, allowing learners to acquire practical writing skills through structured curriculum and assignments. Engaging with instructors and peers in online forums facilitates feedback andcollaboration, enhancing the effectiveness of English writing training in a legal context.Conclusion:In conclusion, the study of legal literature in English is instrumental in enhancing English writing skills, particularly within a legal framework. By utilizing resources such as legal dictionaries, case law databases, writing guides, academic journals, and online courses, learners can develop proficiency in English writing while deepening their understanding of legal concepts and principles. Embracing legal literature as a means of improving English writing skills empowers individuals to communicate effectively and persuasively in both academic and professional settings.。

哪些领域能用到英语作文English composition can be applied in various fields, ranging from academic contexts to professional environments. Let's explore some of these areas:1. Academic Writing: English compositions areextensively used in academic settings, including essays, research papers, literature reviews, and thesis writing. These compositions aim to analyze, interpret, and discuss various topics in a structured and coherent manner. They often require critical thinking, research skills, and the ability to articulate ideas effectively.2. Creative Writing: English compositions provide a platform for creative expression through genres such asshort stories, poems, and scripts. Creative writing allows individuals to explore their imagination, experiment with language, and convey emotions, themes, and narratives in unique ways. It fosters creativity, originality, and self-expression.3. Journalism and Media: English compositions play a crucial role in journalism, encompassing news articles, feature stories, opinion pieces, and investigative reports. Journalists utilize language skills to inform, persuade, or entertain readers, adhering to ethical standards and journalistic principles. Effective communication is essential for conveying information accurately and engaging audiences.4. Business Communication: In the business world, English compositions are utilized for various purposes such as reports, proposals, memos, emails, and presentations. Clear and concise communication is vital for conveying ideas, negotiating deals, addressing issues, and building professional relationships. Business writing requires clarity, professionalism, and attention to detail.5. Academic Applications: English compositions are often required for academic applications, including personal statements, statements of purpose, and scholarship essays. These compositions allow applicants to showcasetheir academic achievements, career goals, and personal qualities to admission committees or scholarship boards. They serve as a means of self-presentation and persuasion.6. Public Relations and Marketing: English compositions are integral to public relations campaigns, marketing strategies, and advertising materials. Whether drafting press releases, crafting social media posts, or developing promotional content, effective communication is essential for reaching target audiences, building brand reputation, and driving sales.7. Education and Training: English compositions are utilized in educational contexts for lesson plans, educational materials, and instructional guides. Teachers and educators employ written communication to convey concepts, explain procedures, and facilitate learning experiences for students. Clarity, organization, and engagement are essential for effective instruction.8. Literary Analysis and Criticism: English compositions are employed in literary studies for analyzingand critiquing literary works such as novels, poems, plays, and essays. Literary analysis involves examining themes, characters, symbols, and literary devices to interpret the meaning and significance of texts. Critical thinking and textual evidence are central to scholarly discourse.9. Legal Writing: In the field of law, English compositions are utilized for legal documents, contracts, briefs, and court opinions. Legal writing requires precision, clarity, and adherence to legal conventions and terminology. Lawyers and legal professionals use written communication to advocate for clients, convey legal arguments, and interpret complex legal issues.10. Technical Writing: English compositions are essential in technical fields for writing manuals, instructions, technical reports, and documentation. Technical writing aims to communicate complex information clearly and concisely to specific audiences, such as users, engineers, or technicians. It requires expertise in the subject matter and the ability to simplify technical concepts.In conclusion, English compositions have diverse applications across various fields, encompassing academic, creative, professional, and specialized contexts. Effective written communication skills are essential for success in these areas, enabling individuals to convey ideas, inform audiences, and achieve their goals.。

第十一课财产法第一部分简介The law of property财产法是美国法律体系中的核心制度之一，它在自由市场经济中为计划活动提供了必要的确定性和稳定性。

和其他的制度一样，它内部也存在大量的不一致和范例。

在接触许多之后，讨论将会转向那些影响私人财产紧张关系上。

如通过土地所有权转让带来的集体义务和个人自由之间的紧张关系。

The disscussion will讨论将转向既作为公共职能机制的管理者和在机构内部时常独立者的政府角色，它试图更进一步自己的政策目标，对后一种角色的全面讨论将留到后面的土地使用模式之处。

它作为公共机制的管理者的角色是在美国革命后，在形成政府法律地位的过程中考虑到财产才开始的，她表明了财产法主题的演变过程，从绝对权力的僵硬原则到经常被调整去提高社会目标的一系列权利义务。

I will than discuss我将讨论在这一制度中律师的角色。

他既作为建议的提供者又作为讨论者。

每一角色都有为公和为私的姿态。

这里可能是也可能不是简短讨论职业标准和法律职业责任的地方，但事实上，美国不动产法律经常利用律师的专业地位。

例如关于产权或为第三者保存契约之安排的观点。

The modern real estate现在不动产律师履行者许多独立但内部有关联的活动。

任何参与者冒险的成功不仅仅取决于他自己在交易关系中的关系也取决于他不是一方当事人的交易领域的关系。

使用人体做个类比，律师经常承担着循环系统，连接着全部的器官和提供大量互相合作的权利义务体系。

如果与开发商洽谈合同的建筑方想获得保障那么他或她很可能根据关于建筑费率表的合同获得工资，建筑商律师便会在查阅银行和开发商间建设贷款合同去了解从该建设贷款中逐次提取资金以支付此费用的时间和条件。

如果一个有意投资者想知道当开发商在完成建设后违约时他的债务，他的律师便会通过检阅开发商长期财政记录获得信息。

基于律师的发现，投资者可能要求开发商提供履行定金。

If the lawyer如果律师在不动产交易中为一个主要参与者（土地所有者，开发商，出借者）服务，他的作用便是缔结合同、条约和那些描述双方商业意图及定义双方基于合意或法律所期待的行为的文件。

高中英语选择性必修第四册词汇默写本（北师大版）【Unit 10 Connections】英译汉Topic Talk1.clinic n.__________2.gallery n.__________3.grocery n.__________4.stadium n.__________5.bakery n.__________6.cafeteria n.__________7.canteen n.__________8.suburb n.__________9.forum n.__________10.conflict n.__________11.intervention n.__________12.disagreement n.__________13.envy vt.__________14.friction n.__________15.encouragement n.__________16.hang out __________17.disturb vt.__________18.apologise vi.__________Lesson 119.theory n.__________20.chain n.__________21.impression n.__________work n.__________23.sociologist n.__________24.random adj__________25.parcel n.__________26.release vt.&n.__________27.bimonthly adj.__________28.phrase n.__________Lesson 229.additionally adv.__________30.closely-knit adj.__________31.frequently adv.__________32.household n.__________33.outskirts n.__________34.bond n.__________35.consequence n.__________Lesson 336.gable n.__________37.adopt vi.&vt.__________38.stiff adj.__________39.freeze vi.&vt.__________40.amazement n.__________41.clasp vt.n.__________42.burst into __________43.proceed vi.__________44.reveal vt.__________45.tear-stained adj.__________46.orphan n.__________47.investigate vi.&vt.__________48.sigh n.&vi.__________49.despair n.__________50.dare n.&vi.__________51.bare adj.__________52.faucet n.__________53.shiver n.&vi.__________54.bone n.__________55.sob n.&vi.&vt.__________56.pillow n.__________57.dive vi.__________58.frown vi.__________59.resolutely adv.__________Writing Workshop60.appeal vi.vi.&vt.__________ Reading Club 161.emperor n.__________62.sorrow n.__________63.republic n.__________Reading Club 264.loan n. __________65.forgiveness n. __________66.debt n. __________67.interrupt vi. &vt. __________68.legal adj. __________69.document n. __________汉译英Topic Talk1._____________n.诊所，（医院）门诊部2._____________n.美术馆，画廊3._____________n.食品杂货；超级市场4._____________n.体育场，运动场5._____________n.面包烘房，糕饼店6._____________n.（工厂、学校等的）自助餐厅，食堂7._____________n.（工厂、学校等的）食堂，餐厅8._____________n.郊区，近郊，城郊9._____________n.（互联网上的）论坛，讨论区；讨论会，电视专题讨论节目10._____________n.抵触，冲突，矛盾11._____________n.干涉，干预12._____________n.意见不合，分歧，争论13._____________vt.羡慕，妒忌14._____________n.不和，冲突，摩擦15._____________n.鼓励，鼓舞；起激励作用的事物16._____________闲待，厮混17._____________vt.干扰，打扰，使中断18._____________vi.道歉，谢罪Lesson119._____________n.学说，理论20._____________n.一连串，一系列；链子，链条21._____________n.印象，感想22._____________n.人际关系网，联络网；网络，网状系统23._____________n.社会学家24._____________adj.随机的，随意的25._____________n.包裹；邮包26._____________vt.&n.发表，发布；释放27._____________adj.两月一次的；一月两次的28._____________n.成语，习语；警句Lesson229._____________adv.除此之外，此外30._____________adj.紧密连结在一起的31._____________adv.经常地，频繁地32._____________n.一家人，同住一栋房子的人33._____________n.市郊，郊区，远离城市中心的地区34._____________n.纽带，联系35._____________n.后果Lesson336._____________n.山墙，三角墙37._____________vi.&vt.收养，领养；采取某种方法、政策、态度38._____________adj.挺的，硬的，不易弯曲的39._____________vi.&vt.呆住；突然停止；（使）结冰，（使）冻结40._____________n.吃惊，惊奇41._____________vt.握紧，抱紧n.紧握，紧抱42._____________突然……起来（尤指唱歌、哭、笑等）43._____________vi.继续进行，继续做44._____________vt.揭示，揭露；展现，显露45._____________adj.有泪痕的46._____________n.孤儿47._____________vi.&vt.查明，调查，侦查48._____________n.&vi.叹息，叹气49._____________n.绝望50._____________n.&vi.胆敢，敢于51._____________adj.空的，无装饰的；赤裸的，裸露的52._____________n.水龙头53._____________n.&vi.颤抖，哆嗦，发抖54._____________n.骨头；骨质物55._____________n.&vi.&vt.抽噎，啜泣；哭诉56._____________n.枕头57._____________vi.扑向，急冲进；跳水，潜水58._____________vi.皱眉59._____________adv.坚决地，坚定地Writing Workshop60._____________vi.有吸引力vi.&vt.呼吁，恳请；上诉Reading Club161._____________n.皇帝62._____________n.悲伤，悲痛；不幸63._____________n.共和国Reading Club 264._____________n.贷款65._____________n.原谅，宽恕66._____________n.债务，欠款67._____________vi. &vt.打断（某人的）讲话，中断（某人的）行动，打扰68._____________adj.法律的；法律允许的，合法的69. _____________ n. 公文，文件【词汇表】Topic Talk1.clinic n.诊所，（医院）门诊部2.gallery n.美术馆，画廊3.grocery n.食品杂货；超级市场4.stadium n.体育场，运动场5.bakery n.面包烘房，糕饼店6.cafeteria n.（工厂、学校等的）自助餐厅，食堂7.canteen n.（工厂、学校等的）食堂，餐厅8.suburb n.郊区，近郊，城郊9.forum n.（互联网上的）论坛，讨论区；讨论会，电视专题讨论节目10.conflict n.抵触，冲突，矛盾11.intervention n.干涉，干预12.disagreement n.意见不合，分歧，争论13.envy vt.羡慕，妒忌14.friction n.不和，冲突，摩擦15.encouragement n.鼓励，鼓舞；起激励作用的事物16.hang out 闲待，厮混17.disturb vt.干扰，打扰，使中断18.apologise vi.道歉，谢罪Lesson119.theory n.学说，理论20.chain n.一连串，一系列；链子，链条21.impression n.印象，感想work n.人际关系网，联络网；网络，网状系统23.sociologist n.社会学家24.random adj.随机的，随意的25.parcel n.包裹；邮包26.release vt.&n.发表，发布；释放27.bimonthly adj.两月一次的；一月两次的28.phrase n.成语，习语；警句Lesson229.additionally adv.除此之外，此外30.closely-knit adj.紧密连结在一起的31.frequently adv.经常地，频繁地32.household n.一家人，同住一栋房子的人33.outskirts n.市郊，郊区，远离城市中心的地区34.bond n.纽带，联系35.consequence n.后果Lesson336.gable n.山墙，三角墙37.adopt vi.&vt.收养，领养；采取某种方法、政策、态度38.stiff adj.挺的，硬的，不易弯曲的39.freeze vi.&vt.呆住；突然停止；（使）结冰，（使）冻结40.amazement n.吃惊，惊奇41.clasp vt.握紧，抱紧n.紧握，紧抱42.burst into 突然……起来（尤指唱歌、哭、笑等）43.proceed vi.继续进行，继续做44.reveal vt.揭示，揭露；展现，显露45.tear-stained adj.有泪痕的46.orphan n.孤儿47.investigate vi.&vt.查明，调查，侦查48.sigh n.&vi.叹息，叹气49.despair n.绝望50.dare n.&vi.胆敢，敢于51.bare adj.空的，无装饰的；赤裸的，裸露的52.faucet n.水龙头53.shiver n.&vi.颤抖，哆嗦，发抖54.bone n.骨头；骨质物55.sob n.&vi.&vt.抽噎，啜泣；哭诉56.pillow n.枕头57.dive vi.扑向，急冲进；跳水，潜水58.frown vi.皱眉59.resolutely adv.坚决地，坚定地Writing Workshop60.appeal vi.有吸引力vi.&vt.呼吁，恳请；上诉Reading Club161.emperor n.皇帝62.sorrow n.悲伤，悲痛；不幸63.republic n.共和国Reading Club 264.loan n.贷款65.forgiveness n.原谅，宽恕66.debt n.债务，欠款67.interrupt vi. &vt.打断（某人的）讲话，中断（某人的）行动，打扰68.legal adj.法律的；法律允许的，合法的69.document n.公文，文件。

法律英语词汇汇总（一）law / lR:/ 法律draft / dra:ft/ 法案,草案bill / bil/ 议案clause / klR:z/ 条款legislation / ledVis5leiFEn/ 立法legal / 5li:gl/ 合法的,依法的法律英语词汇汇总（二）abolish / E5bRliF/ 废止,取消prescription / pris5kripFEn/ 剥夺公权judge / dVQdV/ 法官jury / 5dVuEri/ 陪审团lawyer / 5lR:jE/ 律师,法律顾问attorney / E5tE:ni/ 代诉人,代理人法律英语词汇汇总（三）inquiry / in5kwaiEri/ 询问,调查hearing / 5hiEriN/ 审讯,审问summary / 5sQmEri/ 速审examination / igzAmi5neiFEn/ 讯问,质问evidence / 5evidEns/ 证据arrest / E5rest/ 逮捕法律英语词汇汇总（四）responsibility / rispRnsE5biliti/ 责任liability / laiE5biliti/ 责任sue / sju:/ 起诉,提起公诉action / 5AkFEn/ 诉讼claim / kleim/ 诉讼cause / kR:z/ 诉讼,案件法律英语词汇汇总（五）suit / sju:t/ 诉讼,案件complaint / kEm5pleint/ 控告,申诉justice / 5dVQstis/ 审判judge / dVQdV/ 审理,审判trial / 5traiEl/ 审理plead / pli:d/ 辩护法律英语词汇汇总（六）claim / kleim/ 辩护plea / pli:/ 辩护evidence / 5evidEns/ 证词charge / tFa:dV/ 公诉书,刑事起诉书proof / pru:f/ 证据,证词evidence / 5evidEns/ 证据,证词法律英语词汇汇总（七）dock / dRk/ 被告席sentence / 5sentEns/ 宣判,判决appeal / E5pi:l/ 上诉crime / kraim/ 犯法offence / E5fens/ 违法(美作:offense)法律英语词汇汇总（八）criminal / 5kriminl/ 罪犯attempt / E5tempt/ 未遂罪threat / Wret/ 恐吓menace / 5menEs/ 恐吓murder / 5mE:dE/ 暗杀,行刺plot / plRt/ 结伙阴谋,共谋法律英语词汇汇总（九）theft / Weft/ 盗窃fraud / frR:d/ 欺诈penalty / 5penlti/ 处罚prison / 5prizn/ 监狱(美作:jail)prisoner / 5priznE/ 囚犯gaol / dVeil/ 监狱(美作:jail)fine / fain/ 罚款法律英语词汇汇总（十）allowance / E5lauEns/ 抚养费heir / ZE/ 继承人lease / li:s/ 租约tutor / 5tju:tE/ 监护人transfer / trAns5fE:/ 转让guardian / 5ga:djEn/ 监护人assignment / E5sainmEnt/ 转让file / fail/ 文件will / wil/ 遗嘱地方人民检察院Local People's Procuratorate毒品罪narcotic drug crime二审法院Court of Second Instance发回重审remand a lawsuit for a new trial调解书mediation agreement法律law蠟♀筆♂小新2008-08-21 16:40基层人民法院basic People’s Court羁押期限term in custody级别管辖subject matter jurisdiction of courts at different levels监视居住living at home under surveillance监狱prison检察官procurator检察权prosecutorial power检察委员会procuratorial/prosecutorial committee检察院procuratorate检察院派出机构outpost tribunal of procuratorate简易程序summary procedure鉴定结论expert conclusion经济审判庭economic tribunal径行判决direct adjudication without sessions; judgement without notice拘传summon by force; summon by warrant拘留所detention house举报information/report of an offence举证责任burden of proof; onus probandi决定书decision军事法院military procuratorate开庭审理open a court session开庭通知notice of court session勘验笔录record of inquest看守所detention house可执行财产executable property控告式诉讼accusatory proceedings控诉证据incriminating evidence控诉职能accusation function扣押distrain on; attachment扣押物distress/distraint宽限期period of grace劳动争议仲裁申请书petition for labor dispute arbitration劳改场reform-through-labor farm劳教所reeducation-through-labor office类推判决的核准程序procedure for examination and approval of analogical sentence 累积证据cumulative evidence立案报告place a case on file立案管辖functional jurisdiction立案决定书written decision of case-filing立案侦查report of placing a case on file利害关系人interested party临时裁决书interim award律师见证书lawyer’s written attestation; lawyer’s written authentication律师事务所law office; law firm律师提前介入prior intervention by lawyer免于刑事处分exemption from criminal penalty民事案件civil case民事审判庭civil tribunal民事诉讼civil action民事诉讼法Civil Procedural Law扭送seize and deliver a suspect to the police盗窃枪支crime of stealing firearms and ammunition盗窃武器装备theft of military equipment得到证实to be believed得利者beneficiary抵触contravene抵押mortgage抵押品pledge抵押物mortgage地方人民检察院Local People's Procuratorate地役权easement第二审判庭second tribunal第三者the third party第一审判庭first tribunal典当物pledge调查investigation调查报告investigation调查取证investigate and collect evidence调解mediate调解和强制措施mediation and enforcement measure 调解书mediation agreement调解书字号Written Mediation No.订货合同卡片a card of contract订立formation定案结论verdict定案理由reason for decision定金deposit定期减免所得税regular reduction of income tax定性determination on the nature丢弃waive东北人民政府Northeast People's Government东乡族自治县Dongxiang Nationality Autonomous County董事会board of directors动机intention, motive冻干健康人血浆frozen dry healthy human blood冻干血浆frozen dry blood plasma冻结freeze, suspend都安瑶族自治县Duan Yao Nationality Autonomous County毒品罪narcotic drug crime渎职罪crime of dereliction of duty独立的不法行为independent wrong独立个案individual cases独立核算工业企业independent accounting unit独立请求书independent claim独立审判independent adjudication断绝cease提出具体意见submit detailed opinions on对等原则principle of reciprocity对等原则并参照国际惯例the principle of reciprocity and in reference to the international practice对合同词句应当按照事情是有效的而不是无效的来理解verba ita sunt intelligenda ut res magis valeat guam pareat对金钱借贷的规定regulations of money lending对滥用职权的法律补救legal remedy for abuses of power对立的一方opposite party对令状的发出作确认acknowledge the issue of the writ对上诉抗辩oppose an appeal对书面文件的词句应当按照对提出词句的当事人尤为不利的原则来解释verba chartarum fortius accipiuntur contra proferentem对外经济法律顾问处Foreign Economic Legal Consultancy Office对外经济律师事务所foreign trade law firm对外经济贸易仲裁委员会Foreign Economic and Trade Arbitration Commission对外贸易经济合作部Ministry of Foreign Trade and Economic对物诉讼令状writ in rem对帐reconcile, reconciliation多边公约multilateral convention多边国际公约multi-latreal international conventions多分a larger share多头long position, bull position多头仲裁multiple arbitration多于一名人士2 or more persons多元立法体制plural legislative structure多元主义pluralism峨边彝族自治县Ebian Yi Nationality Autonomous County恩施土家族苗族自治县Enshi Tujia Nationality Miao Nationality Autonomous County恩恤付款ex gratia payment二审second instance二审裁定书order of second instance二审法院Court of Second Instance二审判决书written order of Second Instance二者只能择其一the inclusion of one is the exclusion of the other发回重审remand a lawsuit for a new trial发货人consignor, shipper发生法律效力be legally effective发现discovery发行审核委员会the Issuance Examination Commission发展规划development planLesson Two Legal Profession1. 法律职业/律师职业the bar法官职业the bench2. 律师协会The Bar Association3. （律师）执业practice law4. 执业律师practicing lawyer5. 出庭辩护/代理诉讼advocacy6. 法律咨询counselling7. 法律文件的起草drafting of legal instruments8. 法律文件legal instruments9. 单独执业者single/individual practitionre10. 合伙关系partnership11. 薪水律师salaried lawyer12. 律师业务law practice13. 专职法律顾问house counsel/corporate counsel（公司或团体法律顾问）14．辩护人/律师advocate15. 私人开业private practice17. 地区检察官/律师district attorney18. 起诉检察官/公诉律师prosecuting attorney19. 检察系统prosecutorial system20. 联邦检察官federal prosecutor21. 地方检察官local prosecutor22. 助理检察官assistant prosecutor23. 检察行业prosecutorial profession24. 个人尊严the integrity of the individual25. 机会均等equality of opportunity26. 职业道德规范ethics codes27. 听证会hearings28. 社区法律服务community legal services29. 单人开业solo practice30. 律师/法律工作者attorney/attorney-at-law/counsellor/counsellor-at-law31. 律师（英国）barrister/solicitor1. 法律博士Juris Doctor(JD)我国现称“法律硕士”并有新名“Juris Master(JM)2. 法学硕士Master of Laws(LLM)3. 法学博士Doctor of Juridical Science(SJD)4. 法律文书写作legal writing5. 批评性思维critical thinking6. 案例教学法case method7. 苏格拉底式教学法socratic method8. 讲演式教学法lecture method9. 美国律师协会认可的法学院ABA accredited law schools10. 案情摘要briefs11. 模拟法庭moot court12. 模拟审判mock trial13. 课程指南curriculum guide14. 刑事司法criminal justice15. 自由资本主义laissez faireLesson One Legal System1. 公诉制度public prosecution2. 普通法系common law legal system3. 判例法case law4. 成文法（制定法）written law (statutory law)5. 遵从前例stare decisis6. 判例汇编reports7. 有约束力的法律解释binding interpretation8. 法学方法论legal methodology9. 颁布••为法律be decreed11. 英国皇家法院English Royal Court12. 令状，法院令状writ13. 诉讼请求的强制执行enforcement of a claim14. 追诉权recourse15. 牛津条例Provision of Oxford16. 本案令状writ upon the case17. 诉讼行为forms of action18. 衡平法equity law19. 公平且善良ex aequo bono20. 特定履行（实际履行）方式之救济relief in the form of specific performance21. 大法官法院Court of Chancery22. 补偿性损害赔偿金compensatory damages23. 强制令the injunction24. 衡平法准则maxims of equity law25. 法律概念legal concept26. 不动产real property/ real estate/ immovable property/ realty27. 民事诉讼civil suit28. 衡平法院Chancery Court29. 财产法上的所有权分割division of title in the law of property30. 先例precedents31. 普通法系the Common Law Legal Family/ the English Law Legal Family/ the English-American Law Legal Family32. 大陆法系the Roman Law Legal Family/ the Civil Law Legal Family/ the Continental Law Legal Family33. 五月花号公约the Mayflower Compact34. 制宪会议the Constitutional Convention。

unit 1lesson11.A basic purpose of law in our society is to maintain order and to resolvedisputes. For this purpose we make laws to define our rights and duties and prescribe what we should and should not do.在我们的社会里，法律的一个基本目的是维持秩序、解决争议。

为此目的我们制定法律，以界定权利义务，规定我们应做什么不应做什么。

6.If deals with wrongful acts against a person or his property and is based on the theory that in a civilized society, people who injure others or their property must compensate them for their loss.它(侵权法)处理危害人身或财产的过错行为，它的理论依据是:在文明社会里,危害他人或他人财产者必须赔偿损失。

9.The phrase “sources of law”is used to describe methods and procedures by which law is created and developed,or the origin from which particular lawsderive their authority or coercive force. “法的渊源”这一术语用以描述法律形成和发展的方法和程序，或特定法律获取权威和强制力的源头。

T1.There are many ways to define law, but no single definition is completely satisfactory.w brings about changes in society, so it is an instrument of change.F5. Judicial decisions are an important source of law in France and Germany.w can be___defined___ in different ways according to its different __puqxjses____ .3. Even if the court ____imposes____ a fine （罚款）on him, the judgment will notbe ____enforceable_____ because he is too poor to pay.7. Substantive laws define rights while procedural laws ___establish,___ procedures by which rights are ___protected___ and enforced.9. Public laws ___affect,___ the public generally, while ___private___ laws deal with the relationship between___individuals___ 。

Lesson One: Legal System 法律制度Background背景自从哥伦布(Christopher Columbus)于1492年航行至美洲之后，大批欧洲人便开始拥向这片"新大陆"。

不过，人们通常把第一批英国定居者(the first English settlers)于1607年到达弗吉尼亚(Virginia)的詹姆斯顿(Jamestown)视为美国法律制度历史的起点。

美国法制史可以大体上分为两个时期，即英属殖民地时期(the Period of the English Colonies)和美利坚合众国时期(the Period of the United States)。

虽然美国的法律制度是在英国法律传统的基础上形成和发展起来的，但是在近四百年的历史进程中，美国的法律制度也形成了一些不同于英国法律制度的特点，如公诉制度(public prosecution)等。

美国属于普通法系(Common Law Legal System)国家，其法律制度有两个基本特点：其一是以分散制(decentralization)为原则；其二是以判例法(case law)为主体。

美国除联邦政府外，还有州政府、县政府、市政府、镇政府等等，而且这些政府都是相互独立的，各自在其管辖范围内享有一定的立法权和执法权。

因此，有人说美国是"一个有许多政府的国家"(a country of many governments)；而美国的法律体系则是一个"零散的无系统"(fragmental no system)。

诚然，美国现在也有很多成文法(written law)或制定法(statutory law)，但是其法律制度仍是以判例法为主体的。

换言之，"遵从前例"(stare decisis)仍然是美国司法活动中最重要的原则之一。

以上两点对于理解美国的法律制度具有重要意义。

工程管理专业英语（二）Professional English For Engineering Management （Ⅱ）教程COURSE长沙理工大学工程管理系2011年2月目录Lesson 1 Bidding (1)Text A Invitation to Bid (1)Text B Instructions to bidders (5)Lesson 2 Management and Engineering Management (10)Text A Management (10)Text B Engineering Management：a synthesis (14)Lesson 3 Conditions 1~3 for the FIDIC Contract (16)Text A Conditions 1~3 for the FIDIC Contract (16)Text B The Employer (27)Text C The Engineer (29)Lesson 4 Planning Techniques (33)Lesson 5 Alternative Financing Strategies for BOT Project (36)Lesson 6 Types of Construction Cost Estimates (39)Lesson 7 Risk Management Basics (42)Lesson 1 BiddingText A Invitation to BidThe invitation to bid is sometimes known by such names “notice to bidders”,“Advertis ement for bids,”“request for proposals”, and the like, but the intent is always the same:to briefly describe the project to propective bidders and to invite their bids on the work.Since the invitation to bid is often classed as one of the construction contract documents, is it always essential to include one in the set?The answer is a resounding “No!”.An invitation should be extended to prospective bidders only when such bids are wanted, and there are many times when open bidding is not the order of the day. For instance, if you have already selected your general contractor and this is to be a “negotiated”contract, it would be foolish to issue an invitation to other bidders to make proposals. The invitation serves no purpose other than to attract prospective bidders by telling them briefly what the job is and how they go about securing copies of the documents to bid upon. If you already have enough bidders, and you have secured them by other means such as personal contact or previous notice, there is little meaning to the ritual of a formal gilt-edged invitation to your party if you don’t really want more guests.On the other hand, any time your project is on the money from the public coffers you can almost depend on having a legal requirement that the work be advertised in a newspaper of general circulation under carefully prescribed format. You are almost never allowed to limit the number of bidders on public work. Therefore, in public you can rely on the necessity of including a formal invitation to bid as part of your construction contract documents.The requirement arose, of course, out of the old-time back-room dealings among political cronies where lucrative contracts were awarded in great secrecy for fantasticlevels of profit, which melted into various private bank accounts. The method used to cure this abuse was to highly publicize the availability of all publicly funded construction projects and to invite participation by all qualified parties. Whether this was truly cured the abuses is not known for certain but it is an obvious fact that duplicity has become more difficult under it. When your purpose is to receive the broadest possible number of competitive bids for the general contract, you should take the time to compose a brief but attractive, invitation to assure you’ll have enough guests to justify the ocassion.Remember now that we are talking in terms of the general contract under a classic situation as described earlier. We will have enough work sorting out the proposals we receive from those general contractors without complicating it by delving into the forty or so trades which make up even the smallest project. It is the general contractor’s resposibility to dig up his subs- from wherever he can and he will issue his own form of invitation to bid to them probably by various means.In many of the average smaller projects, a list of selected bidders is composed during completion of working drawings. By the time the documents are ready for issue to bidders, it is offen known who will be bidding and who will not be asked. If the list is small, say three or four bidders, nothing is really gained by the formality of issuing an official notice. On the other hand, when the number of prospective bidders exceeds three or four, it is well to set down quite precisely all of the pertinent data regarding bid: opening dates, amount of deposit required for sets of ducuments, where they may be secured, who may attend the bid opening, and other relevant information.Now there are a few rare methodical individuals who prefer to have a dot over every “i” and across on every “t” and who might prefer to issue an invitation to bid on every project. Could they get into trouble by it?I rather doubt they would. Any person so methodical would more than likely also be cautious and would be sure that what was said in the invitation to bid was accurate and precise. It is nicely to formalize the invitation data and, if you can afford to takethe time to do so on every project, you go right ahead and have fun. Remember, though, that if your sole bidder is already selected and you definitely do not wish to receive bids from others, you may have a delicate time wending your way through the verbiage required to explain that situation properly.The formula for writing an invitation to bid is simple and clear-cut: be brief and include answers to the following condition.Project Indentification Clearly identify the project by its official-name (used through the construction contract documents: list, where possible, the name of the owner, the name of the Architect, the location of the project, its official project number (if it has one) and the like.Description of the work In fifty to a hundred words, tell what the project includes (bidders would like you to tell them what the construction budget is as well but most of us are reluctant to do so), so a prospective bidder can wasily decide whether this is a project of his type or not.Types of bids required For the classic situation, you are only intersted in bids on a general contract and not in segregated bids. But whatever your wish, make it clear at this point.Bid opening Briefly tell where and when bids will be received, where and when they will be opened, and who may attend the opening. Some architects make a regular party out of the bid opening and serve anyting from tea and cakes to beer and cocktails at their bid openings (always after the bids are opened), apparently on the theory that the lucky low man will want to celebrate and the unlucky others need something in which to drown their sorrow or make the losing easier to bear. Other architects make this a cold sober no-nonsense affair and quite a few even insist on privacy at the time of opening. Whatever your choice, state it here.Documents It is important to clearly state where the documents may be viewed and when as well as under what conditions sets of the documents may be secured. Some architects give a stated number of sets to each qualified bidder; others require adeposit to be left for each set in an amount generally equal to the cost of reproduction; still others require that the bidder post a non-refundable deposit for each set (or only a portion of the deposited amount will be refunded). Since these practice is vary from firm to firm, it is essential that you spell out how you will handle them.Bid deposit requirement It is not unusual for a bidder who was considerably lower than his competitors to worry about why he was so much lower and try to withdraw his bid. Bid deposits are designed to compensate the Owner and Architect for lost time and effort in having to repeat the bidding process or to commence negotiations with the second lowest bidder. The deposit is usually in the form of a “bond” posted by the bidder but supplied through the bidder’s regular bonding surely, often as no fee to the bidder. You should state whether or not a bid bond will be required and if it is required, the amount and the type of bond acceptable.Pre-qualification Many projects (even publicly financed) are not open to the bids of everyone who would like to be a contractor; pre-qualifications are often set. For example,specialized construction such as tunnels, docks or bridges might easily require that the bidder be qualified by previous experience acceptable to the Owner before he will even allowed to bid. One of the newer pre-qualification requirements has to do with “Equal Employment Opportunity” programs and the bidder must demonstrate a functioning EEO program as a part of his regular operation before he is allowed to bid. If any pre-qualification are part of your program, you should so state here.Bid rejection Traditionally, owners and architects have wanted to reserve the right to waive irregularity in bids and to reject any or all bids. In other words, despite all the safeguards of carefully picking over the available bidders before issuing them an invitation, and all the detailed instructions that are then issued to the accepted bidders, there is still a chance that some good guys will flub this bid being late or not sending enough copies or some squally trivial infraction of your rules and thus be disqualified unless you can save him. There is also the chance that the low man mayhave suddenly become undesirable during the bidding period and you don’t want him any more. This minor provision has been hallowed by years of use and will probably be with us for a great many more. There is enough experience with it to warrant continued inclusion.Legal requirement Governmental agencies that have been in existence for any period of time always have their own format for the invitation to bid(or whatever they happen to call it), and generally the laws governing care and use of public money prescribe certain magic words and incantations to include. If yours is a publicly financed project, the invitation may be written for you by your client’s legal staff. If it is left up to you, good sense dictates that you pass the rough draft by your own legal counsel and that of your client before it is published.If your invitation to bid is really being distributed broadlly to a large number of prospective biddders, you might very well send it in the form of a letter. You might also publish it as a paid ad in the local newspaper in the area of construction. Remember that the invitation is precisely that kind of “invitation”which can be accepted or declined.If your list of prospective bidders is also small that it contains only those who will actively work at the bidding process, you can do as most architects do and merely include the invitation as one of the documents bound into the Project Mannual.There is nothing to prevent an invitation to bid being actually on the design firm’s letterhead in the form of a letter. This can quite easily be bound into the Project Mannual later as one of the exibits in the series of contract documents.Text B Instructions to biddersYou will find most of the following points in instructions to bidders written by professional specifiers. You will often find other points as well, depending on local practices and previous expreience.Project Identification It may seem redundant to repeat in the instructions to bidders the same information you so carefully put into the invitation to bid. But it is a common practice, and an expected inclusion: to state the official name of the project, its project number if it has one, the name of the Owner and the Architect, and all other data which might be necessary to conclusively prove which project it is that you are talking about.Contract documents The care and feeding of Contract Documents to bidders is a full time job in some larger offices. Imagine the logistics of printing and handling perhaps a hundred sets where the Drawings comprise a hundred and fifity to two hundred sheets and the Specifications contain sixty or more Sections. Imagine the cost to someone. Who is going to absorb the cost? The Owner？The Architect? The bidder？Who pays for mailing? And, if they are sent by mail, will it be Parcel Post or Air Mail? What if the sets are returned after bid opening but also marked up and dog-earned that they can’t be used for construction? Who absorbs that cost? And what will you do if a biddder asks for copies of the Electrical Section only?It is not difficult for even a small office to tie up a thousand dollars or more in copies of material for the use of bidders, material the bulk of which may or may not be of any use to them the Contract is awarded.So you can understand the care with which expericed office approach this problem of how many sets will be issued per bidder, whether a deposit will be returned, whether “split sets” will be issued, and a variety of similar matters.Examination of site and document It is inconceivable but there are cases on record where the contractor said “If I’d seen the site before I bid, I never would have put in the price I did. ”There are also cases on record where a contractor claimed that he didn’t really have a chance to study their plans because you were in such a hurry for a figure. The purpose of this portion of the instructions to bidder is to put the bidder on notice that he should examine the site and study all of the Documents since no allowance will bemade later for problems which could have been avoided had he done so.Clarifications Recognizing the errors and ambiguities can creep into the work of any design office, no matter how hard you try, you should establish the mechanics by which clarifications can be requested and obtained. In fairness to all bidders, errors caught by one bidder should be corrected for the benefit of all. In the same way clarifications issued to a single bidder over the telephone should be distributed to his competitors as well. Since these matters are best handled in the form of “Addenda”, and since Addenda should only be issued by the person issuing the original Contrator Documents, it follows that questions should be directed to that party who will then either answer the question himself or secure the answer from the person most farmiliar with the subject, and will promptly follow up with a formal Addedum to all bidders on record. You should therefore state how you will receive queries, by telephone or in writing, to whom they should be addressed, how answers will be issued, and that you and the owner are not responsible for accuracy of clarifications issued in any other manner. The final date on which requests for clarification will be received should also be stated.Substitutions Many specifications written today include an entire Section on “submittals and substitutions.”Even though you include such a Section in your Specification, you should also use this earlier opportunity to call the bidder’s attention to it and to establish a final date for acceptance of requests for substitution.Types of bids You should clearly state here the type of bid you want (“general contract”, “segregated”, “cost-plus”, etc.) and the fact that you will not consider bids of other types. If you are requesting segregated bids, this can be a length subject.Preparation of bids How many copies of the bid form do you want? Will you accept Xeroxed copies or must each be on the form you provided? Does each copy need to contain actual signatures or, if Xeroxing is permitted, may the signature be on the original only? How many signature will you require from partnerships? Who can sign for a corporation? Will you require any other data on the bid form such ascontractor’s number, etc.Bid bonding Reuirements that bidders post a bond in an amount 10% of their base bid are not uncommon on a competitive bidding. Statistics show that very few of those bonds are ever forfeited, even when the low bidder fails to accept the award, since there are so many steps to go through in finally securing payment on such a defaulted bond. When you have asked a selected few bidders to favor you with a bid, it is something considered insulting to reuire them to go to the trouble of securing and posting a bid bond.It is highly recommended that you discuss the matter with your own management people and risk consultants. If you decide to require bid bonding, then you should carefully explain how and under what conditions the bond will be forfeited or returned.Other bonding Performance bonds” and “labor and materials payment” bonds are genareally required; it is the amounts that vary. Again, you should consult your management experts and those of your owner, as well as specialists in the field of management-risk. When the sums are determinded, and the proper forms have been selected, you should describe the amounts and name the forms here.Subcontractor listing Since the Contract Documents are directed to the “Contractor”, with a capital “C”, we seldom mention subcontractors anywhere in our documents. But most of us would like to know just who the bidders propose to use for certain critical portions of the work and we often ask that they furnish us a list of those subcontractors, either as a part of their bid or as a preprequisite before the contract is signed. On public work, such a list is not only mandatory but later changes can hardly be accomplished without an action by the Congress of the United States. As an attempt to eliminate “bid shopping” by unscrupulous contractors, this is a commendable stance. As one additional last-minute task facing the frantic bidders is trying to sift out the lowest practical prices from his many subs, it is a pain in the neck and a reqiurement they would just as soon not have to meet.On private work, you can generally accompished your purpose (to look over the proposed subs before awarding a contract to the lowest bidder) by merely requiring the lowest bidder to supply you with a lsit of his subcontractors within a stated period after bid opening.Lesson 2 Management and Engineering ManagementText A Management1.1 Management definitionMcFarland identifies four uses of the word management, as:(1) an organizational or administrative process;(2) a science, discipline, or art;(3)the group of people running an organization;(4) an occupational career.1.2 Management levelsEnsign or admiral, college president or department chair, maintenance forman, plant manager, or company president; all managers. What skills must they have, what roles do they play, what functions do they carry out, and how are these affected by the level at which they operate? Let us look at wach of these questions in order.Management is normally categorized into three levels：first-line，middle,and top management．Managers at these three levels need many of the same skills，but they use them in different proportionsThe higher the management level，the further into the future the manager’s decisions reach and the greater the amount of the resources that are placed at risk．First-line managers are the only managers who directly supervise nonmanage. They hold titles such as foreman, supervisor, or section chief. Generally, they are responsible for carrying out the plans and objectives of higher management, using the personnel and other resources assigned to them. They make short-range operating plans governing what will be done tomorrow or next week, assign tasks to their workers，supervise the work that is done，and evaluate the performance of individual workers. First-line managers may only recently have been appointed from among the ranks of people they are now supervising. They may feel caught in the middlebetween their former fellows and upper management, each of which feels the supervisor should be representing them. Indeed, they must provide the “linking pin’’between upper management and the working level, representing the needs and goals of each to the other.Many engineers going into a production or construction environment will find themselves assigned as a foreman or supervisor very quickly．Many find such an assignment a very satisfying chance to “make things happen”through their own actions and decisions．Doing so effectively，while according the workers newly assigned to you the courtesy and respect merited by their years of experience, requires tact and judgement．If you can achieve this balance，however，you may be surprised to find how willing your team members are to accord you the same respect，and to help you learn your job．Middle managers carry titles such as plant manager，division head，chief engineer，or operations manager．Although there are more first-line managers than any other in most organizations，most of the levels in any large organization are those of middle management. Even the lowest level of middle manager (the second-line manager，who directly supervises first-line managers) is an indirect manager，and has the fundamentally different job of managing through other managers. Middle managers make plans of intermediate range to achieve the long-range goals set by top management，establish departmental policies，and evaluate the performance of subordinate work units and their managers．They also provide an integrating and coordinating function so that the short-range decisions and activities of first-line supervisory groups can be orchestrated toward achievement of the long range goals of the enterprise．There has been much discussion recently on the probable effect of computer-based management information systems on the numbers, levels, and functions of middle managers．Top managers bear titles such as chairman of the board，president，or executive vice president; one of these will normally be designated“chief executive officer”(CEO). In government the top manager may be the administrator (of NASA) orsecretary (of commerce) or governor or mayor. While they may report to some policy-making group，they have no full-time manager above them．Top managers are responsible for defining the character，mission，and objectives of the enterprise．They must establish criteria for and review long-range plans. They evaluate the performance of major departments，and evaluate leading management personnel to gauge their readiness for promotion to key executive positions.1.3 Managerial skillsKatz suggests that managers need three types of skills：technical，interpersonal, and conceptual. Technical skills are skills (such as engineering, accounting, machining, or word processing) practiced by the group supervised. Figure 1 shows that the lowest level of manager has the greatest need for technical skills，since they are directly supervising the people that are doing the technical work．Even top managers must understand the underlying technology on which their industry is based. Interpersonal skills, on the other hand, are important at every managenent level, since every manager achieves results through the efforts of other people. Conceptual skills represent the ability to “see the forest in spite of trees”--to discern the critical factors that will de termine an organization’s success or failure．This ability is essential to the top manager’s responsibility for setting long-term objectives for the enterprise，although it is needed to some extent at every level.Figure 1 Skills required versus management level1.4 Functions of managersHenry Fayol，the famous French mining engineer and executive, divided magenerial activities into five “elements”: planning, organizing, command, coordination, andcontrol. These elements,now called “functions of managers”，have proven remarkably useful and durable over the decades. Although each management author has their favored set of functions, almost all include planning, organizing，and controlling on their list. “Command” become too authoritive a word。