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Criminal law法律英语刑法 PPT课件

Criminal law法律英语刑法 PPT课件
- Extreme thoughtless of murder极端轻率谋杀罪
- Felony – murder重罪—谋杀罪
Manslaughter
- Voluntary manslaughter自 愿性非恶意杀人，故意杀 人 （比如激情犯罪crime of passion）
- involuntary homicide过失 杀人
Step 16 :Sentencing (three different types may be used)
Step 17 :Appeals
American criminal law classification
美国刑法种类
• 1.Criminal ACTS endangering degree（犯罪行为危害程度）： felony（重罪），misdemeanor(轻罪）
Step 1 :The Reported Crime (or “known offense”)
Step 2 :Prearrest Investigation (include three basic groups)
Step 3 :Arrest
Step 4 :Booking Step 5 : Post-Arrest Investigation (will vary with the fact situation)
My lecture topics ：
Death penalty sentencing plot
（死刑的量刑情节）
Basic situation
• American criminal law no specific reflect about the death penalty sentencing system, but the scope of the basic limit first-degree murder just executed, considering the consequences of a murder. Other must try to give every opportunity decreases victimised suspects miscalculation.

法律英语(刑法)ppt

法律英语(刑法)ppt
LOGO
Euthanasia
――曹美英 李珊珊 孔阳 刘荟 刘婷 吴永ontent
Ⅰ. What is Euthanasia Ⅱ. The Situation Ⅲ. Euthanasia and Criminal Law
Ⅳ. The Types of Euthanasia Ⅴ. Issues of Euthanasia
LOGO
Ⅱ. The Situation
LOGO
Netherlands
The Netherlands is the first country in the world where euthanasia is legal. Some twenty years ago, people in the Netherlands, well-intentioned physicians among them, began a process that has made physician-assisted suicide and euthanasia common practice there today. In the Netherlands, in April 2001, a law was passed that allows physicians to perform euthanasia but only when the patient has expressed explicitly the desire to die in order to prevent or end unacceptable suffer. Additionally, the physician must also agree with the patient that he suffers unacceptably and can only co-operate when he or she has consulted two colleagues who agree that euthanasia is acceptable in the given case and under the given circumstances. Given all these conditions, the physician needs the substances with which he can help the patient.

法律英语PPT课件

法律英语PPT课件
⒍ … in order to give the man a wider berth. 为了更远地躲开那人
⒎…voiced their censure 便同声指责 ⒏ …. But the most unbelievable is
yet to come 但最令人难以置信的事 情还在后边. ⒐ I.O.U. 借据(由I owe you. 的音缩 略而成),亦可写成IOU ）
After-reading activities
A. Try to do the exercises according to the text
B. Translate the following sentences into English
In the legal process there is so much confusion that he even
Contents
Even if there should be a “perfect” legal system, law has to be maintained and enforced by man himself, and certainly man himself is far from perfect. Judges are often swayed by prejudices and in some cases are open to bribes in whatever form. Juries are swayed by emotions.
⒊ ….and our lawyers have yet to prove themselves 而我们的律师，尚待 自己证明.
⒋ look for loopholes in laws and even twist laws… 找法律的漏洞,甚 至歪曲法律. ⒌ … wobbling down the bridge… 摇摇晃晃地骑车下桥

法律英语课件PPT课件

法律英语课件PPT课件
• 如果一个人已经执业5年以上，那 么当他移居到另外一个州的时候， 通常不用再参加该州的律师资格考 试就可以获准执业。
• but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance with minor formalities.
三年大学 法学学位 书面考试
法律英语
9
• Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the states adds a day-long essay examination emphasizing its own law.
• 律师 • 法官 • 检察官 • 法学教师
法律职业
变换频繁 Harlan Fiske Stone
法律英语
3
法律英语
4
Part 1 The Bar
• Bar——法庭中将公众与法官、律师 及其他诉讼参与人分隔开的隔板。
• 后来用于通指法律职业或律师职业。
美国律师协会
（ABA）
法律英语
5
法律英语

6
• 律师通常在一个地区执业
• 可以代表当事人到其他州办理事务
• 只是在被准入的州获得执业资格
法律英语
15
• It is customary to retain local counsel for matters in other jurisdictions.

沙丽金版法律英语 PPT

沙丽金版法律英语 PPT
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
Battery
“Harmful" contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortiouseral

法律英语经典表达(课堂PPT)

法律英语经典表达(课堂PPT)
法律英语经典表达
1
1. in accordance with/ pursuant to 根据；依照；按照…的规定
The arbitration is to be administered by the American Arbitration Association and is to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
各方在平等互利的基础上，经友好协商， 一致同意依照相关法律和本合同的规定签 订一份销售合同。
3
“Shipment” shall mean the set of Equipment comprising an individual shipment to be delivered to Buyer by Seller pursuant to this Contract.
“一批合同设备”或“一批货物”指将由卖 方根据本合同向买方交付的某批合同设备。
4
2. In respect of/in connection with/with respect to 就… …
The Contract Price does not cover costs and expenses that are for Buyer’s account under this Contract, or any taxes (including but not limited to customs duty and value added tax) payable by Buyer in respect of this Contract.

法律英语课件


3.National Law and International Law
Simply stated, national law is law which applies to a nation. International law is commonly defined as a body of rules that states and other agents accept as binding obligations in the world community.
If a law concerns the rights of individuals （often including a corporation as a “person”）or the duties owed to people in the society, the law is a civil law.
Essentially, civil law focuses on wrongs against individuals, whereas criminal law focuses on wrongs against the whole society.
An important feature distinguishing criminal and civil law is the sanction imposed on the wrongdoer. Criminal sanctions may include imprisonment while civil sanctions emphasize payment of money.
1. 2. 3. 4. 5.
inheritance law administrative law tort law property law criminal law

法律英语经典表达PPT课件



4. Notwithstanding 无论……如何规 定；尽管有…的规定


Notwithstanding any law or practice to the contrary, it shall be lawful for, the court in any proceedings for an offence under Part II to comment on the failure of the accused to give evidence on oath. 即使任何法律或惯例有相反规定， 在因第 II部所定罪行而进行的法律程序中，法庭可 就被控人不宣誓作供一事加以评论。

2. In respect of/in connection with/with respect to 就… …

The Contract Price does not cover costs and expenses that are for Buyer’s account under this Contract, or any taxes (including but not limited to customs duty and value added tax) payable by Buyer in respect of this Contract.

In addition, with the prior approval of the Chairman and Vice Chairman, any director may invite any other person to attend all or part of any Board meeting, provided that such guest shall sign non-disclosure agreements in such form as the Chairman and Vice Chairman deem appropriate.

法律英语课堂PPT汇报(法律) -正本

may have caused the victim’s damage.
2014-8-8
法律英语
9
Causation
(2) If, in case of multiple victims, it remains uncertain whether a particular victim’s damage has been caused by an activity, while it is likely that it did not cause the damage of all victims, the activity is regarded as a cause of the damage suffered by all victims in proportion to the likelihood that it may have caused the damage of a particular victim.
damage from that time on.
Uncertain partial causation （不明确的部分原因 ）
In the case of multiple activities, when it is certain that none of them has caused the entire damage or any determinable part thereof, those that are likely to have minimally contributed to the damage are presumed to have caused equal shares thereof.
2014-8-8
法律英语

法律英语课件

• 有很少数量的律师为了从事工商业活动而 放弃执业。
法律英语
21
第21页，此课件共64页哦
• The mobility as well as the sense of public responsibility in the profession is evidence by the career of Harlan Fiske Stone who was, at various times, a successful New York lawyer, a professor and dean of the Columbia School of Law, Attorney General of the United States, and Chief Justice of the United States.
1872- 1946
法律英语
23
第23页，此课件共64页哦
• After graduating from Amherst College in 1894, he continued on to Columbia University from which he received his law degree in 1898. The next year he was admitted to the New York bar.
Solicitors：诉状律师、 小法律英律语 师、非诉律师27
第27页，此课件共64页哦
• there is no branch of profession that has a special or exclusive right to appear in court, nor is there a branch that specializes in the preparation of legal instruments.
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im



a claim by a defendant against a plaintiff in a lawsuit intending to off-set or reduce the amount of the plaintiff's original claim against the defendant Counterclaims did not exist at common law; they are an invention of modern civil procedure. Examples
Service of Process

Definition
the act of delivering legal documents (to a defendant) ★Typically, a summons must be served with a copy of the complaint upon the defendant. ★The plaintiff is responsible for having the summons and complaint served.
US Civil Procedure
The Pleading Stage
Complaint

General
A civil action is commenced by filing a complaint or petition with the court. ★The initial pleading in a civil lawsuit that seeks only money damages might be called (in most US courts) a complaint. ★The initial pleading in a lawsuit that seeks nonmonetary or equitable relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.

Cross claim


a claim by a defendant against a co-defendant previously named by the plaintiff It is a claim against a party on the same side of the lawsuit.

Complaint

What must be included in a complaint

parties jurisdiction and venue statement of facts—factual allegations cause(s) of action—legal claims request for relief Definition


Significance


Categories

assault battery intentional infliction of emotional distress invasion of privacy
Complaint



fraud slander negligence

Note

Pretrial Procedure
Discovery

Definition
The Defendant’s Response

Third-party complaint

a petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages the plaintiff may win from the defendant.

to give the defendant notice of the proceedings and to command him to respond to the complaint
The Defendant’s Response

Responsive pleading

Motion to dismiss (also called a demurrer)


Cause of action

the facts that give a person the right to seek judicial relief against another
Complaint

the legal theory forming the basis of a lawsuit The cause of action is the heart of a complaint. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. contract-based actions torts


Affirmative defense



A plaintiff sues a person for battery because that person has broken his nose.
The Defendant’s Response
★In his pleading, the defendant claims that the statute of limitations period has passed since that happened three years ago.

Purpose

to let the judge and court clerk know what type of case is being brought by the parties, so that they can better prepare for the case to come to trial

suits in equity

unjust enrichment quantum meruit
The Civil Rights Acts allow persons who are discriminated against because of race, color, sex or religion to sue both state governments and private businesses for compensation and prevention of further discrimination.
The Defendant’s Response


A bank sues a customer for an unpaid debt, while the customer counterclaims against the bank for fraud in procuring the debt. Two cars collide. One person sues for damage to her car and personal injuries. The defendant counterclaims for similar property damage and personal injury claims.

statutory causes of action

Case Information Statement

General


A case information statement (or cover sheet) is a document which is filed with the court at the commencement of a civil lawsuit. It is generally filed along with the complaint. It provides information about the case:
A person sues someone for sticking his tongue out at him. A person sues a newspaper for publishing a true account of his divorce. ★In both cases, the defendant can file a motion to dismiss for failure to state a claim.


Functions

to establish the court’s personal jurisdiction over the defendant
Service of Process
★Without personal jurisdiction no valid judgment can be rendered against the defendant.
Amendment

General


A party may amend the pleading once as a matter of right if there has been no responsive pleading. If the opposing party has responded, leave of court or written consent of the other side is required. Frequently a party will amend the pleading to cure any deficiencies addressed by a motion to dismiss.