法律英语-何家弘 第十七课 家庭法

法律法规优质课件法律英语何家弘一、教学内容本节课选自《法律英语》教材第八章“法律法规”，具体内容包括：法律法规的基本概念、分类及法律英语表达方式；中国法律体系简介及主要法律法规介绍；案例分析及法律英语术语的运用。

二、教学目标1. 让学生掌握法律法规的基本概念、分类及法律英语表达方式；2. 培养学生运用法律英语进行案例分析的能力；3. 增进学生对我国法律体系的了解，提高法律素养。

三、教学难点与重点难点：法律英语术语的运用、案例分析。

重点：法律法规的基本概念、分类及法律英语表达方式。

四、教具与学具准备1. 教具：PPT、黑板、粉笔；2. 学具：法律英语教材、笔记本、字典。

五、教学过程1. 导入：通过讲解一个实际案例，引出法律法规的重要性，激发学生学习兴趣；2. 讲解：详细讲解法律法规的基本概念、分类及法律英语表达方式；3. 案例分析：分组讨论，让学生运用法律英语分析案例，培养学生的实际运用能力；4. 课堂互动：提问、解答，巩固所学知识；6. 课后作业布置：布置作业，巩固所学知识。

六、板书设计1. 法律法规基本概念2. 法律法规分类3. 法律英语表达方式4. 案例分析七、作业设计1. 作业题目：（1）请简述法律法规的基本概念及分类；案例：张某因盗窃罪被判处有期徒刑三年，缓刑五年。

在缓刑期间，张某再次盗窃，被公安机关抓获。

2. 答案：（1）基本概念：法律法规是国家制定或认可的，具有普遍约束力的规范性文件。

分类：宪法、法律、行政法规、地方性法规、自治条例、部门规章、司法解释等。

（2）Legal provisions stipulate that minors are not allowed to smoke in China.八、课后反思及拓展延伸重点和难点解析1. 教学目标中关于案例分析能力的培养；2. 教学难点：法律英语术语的运用；3. 教学过程中的案例分析环节；4. 作业设计中的案例分析题目及答案。

2024年【精品课件】何家弘法律英语课件一、教学内容二、教学目标1. 掌握基本的法律英语词汇，能够熟练运用在法律语境中；2. 学会分析法律英语句型结构，提高阅读和翻译能力；3. 了解法律文书的翻译技巧，能独立完成法律文书的翻译任务；4. 通过分析涉外法律实务案例，培养学生的法律英语思维和实际运用能力。

三、教学难点与重点1. 教学难点：法律英语词汇的记忆与运用、法律文书的翻译技巧、涉外法律实务案例的解读；2. 教学重点：法律英语句型的结构与用法、法律文书的翻译实践、法律英语思维能力的培养。

四、教具与学具准备1. 教具：多媒体教学设备、投影仪、黑板；2. 学具：教材、《法律英语词典》、翻译软件、课外阅读材料。

五、教学过程1. 导入：通过讲解一个涉外法律案例，引发学生对法律英语的兴趣，引出本节课的内容；2. 知识讲解：详细讲解基本法律英语词汇、句型结构、法律文书翻译技巧；3. 例题讲解：分析具体案例，示范翻译过程，讲解注意事项；4. 随堂练习：让学生翻译一段法律文书，巩固所学知识；5. 互动环节：学生互相讨论翻译成果，教师点评并解答疑问；7. 课后作业布置：布置作业，要求学生运用所学知识完成翻译任务。

六、板书设计1. 法律英语词汇表；2. 法律英语句型结构图；3. 法律文书翻译技巧；4. 涉外法律实务案例解析。

七、作业设计1. 作业题目：翻译一篇涉及合同纠纷的涉外法律文书；2. 答案：待学生完成作业后，教师批改并给出答案。

八、课后反思及拓展延伸2. 拓展延伸：推荐课外阅读材料，引导学生深入学习法律英语，提高实际运用能力。

重点和难点解析1. 法律英语词汇的记忆与运用；2. 法律英语句型的结构与用法；3. 法律文书的翻译技巧；4. 涉外法律实务案例的解读；5. 课后作业的设计与反馈。

详细补充和说明：一、法律英语词汇的记忆与运用1. 词义辨析：通过例句和实务案例，讲解词汇在法律语境中的具体含义，帮助学生准确理解和记忆；2. 词汇运用：设计练习题，让学生将所学词汇运用到具体语境中，提高词汇运用能力；3. 词汇拓展：介绍词汇的近义词、反义词，提高学生的词汇量。

Lesson One: Legal System 法律制度英属殖民地时期(the Period of the English Colonies)和美利坚合众国时期(the Period of the United States)。

公诉制度(public prosecution)美国属于普通法系(Common Law Legal System)分散制(decentralization)为原则；以判例法(case law)为主体。

"零散的无系统"(fragmental no system)。

成文法(written law)或制定法(statutory law)，遵从前例"(stare decisisPart OneThe United States is at once a very new nation and a very old nation. It is a new nation compared with many other countries, and it is new, too, in the sense that it is constantly being renewed by the addition of new elements of population and of new States. But in other senses it is old. It is the oldest of the "new" nations--the first one to be made out of an Old World colony. It has the oldest written constitution, the oldest continuous federal system, and the oldest practice of self government of any nation.美国既是一个非常新的国家也是一个非常老的国家。

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。

法律英语课文汇总-何家弘————————————————————————————————作者：————————————————————————————————日期：Lesson One: Legal System 法律制度Part OneThe United States is at once a very new nation and a very old nation. It is a new nation compared with many other countries, and it is new, too, in the sense that it is constantly being renewed by the addition of new elements of population and of new States. But in other senses it is old. It is the oldest of the "new" nations--the first one to be made out of an Old World colony. It has the oldest written constitution, the oldest continuous federal system, and the oldest practice of self-government of any nation.One of the most interesting features of Americans youth is that the whole of its history belongs in the period since the invention of the printing press. The whole of its history is, therefore, recorded: indeed, it is safe to say that no other major nation has so comprehensive a record of its history as has the United States, for events such as those that are lost in the legendary past of Italy or France or England are part of the printed record of the United States. And the American record is not only comprehensive; it is immense. It embraces not only the record of the colonial era and of the Nation since 1776, but of the present fifty States as well, and the intricate network of relationships between States and Nation. Thus, to take a very elementary example, the reports of the United States Supreme Court fill some 350 volumes, and the reports of some States are almost equally voluminous: the reader who wants to trace the history of law in America is confronted with over 5,000 stout volumes of legal cases.No one document, no handful of documents, can properly be said to reveal the character of a people or of their government. But when hundreds and thousands of documents strike a consistent note, over more than a hundred years, we have a right to say that is the keynote.When hundreds and thousands of documents address themselves in the same ways, to the same overarching problems, we have a right to read from them certain conclusions which we can call national characteristics.Part TwoThe American legal system, like the English, is methodologically mainly a case law system. Most fields of private law still consist primarily of case law and the extensive and steadily growing statutory law continues to be subject to binding interpretation through case law. Knowledge of the case law method as well as of the technique of working with case law therefore is of central importance for an understanding of American law and legal methodology.The Common Law is historically the common general law -- with supremacy over locallaw--which was decreed by the itinerant judges of the English royal court. The enforcement of a claim presupposed the existence of a special form of action, a writ, with the result that the original common law represented a system of "actions" similar to that of classical Roman law. If a writ existed (in 1227) a claim could be enforced; there was no recourse for a claim without a writ, the claim did not exist. This system became inflexible when the "Provisions of Oxford" (1258) prohibited the creation of new writs, except for the flexibility which the "writ upon the case" allowed and which later led to the development of contract and tort law.The narrow limits of the forms of action and the limited recourse they provided led to the development of equity law and equity case law. "Equity", in its general meaning of doing "equity", deciding ex aequo et bono, was first granted by the King, and later by his Chancellor as "keeper of the King's conscience", to afford relief in hardship cases. In the fifteenth century, however, equity law and equity case law developed into an independent legal system andjudiciary (Court of Chancery) which competed with the ordinary common law courts. Its rules and maxims became fixed and, to a degree, inflexible as in any legal system. Special characteristics of equity law include: relief in the form of specific performance (in contrast to the common law award of compensatory damages), the injunction (a temporary or final order to do or not to do a specific act), the development of so called maxims of equity law which permeated the entire legal system and in many cases explain the origin of modern legal concepts. However, equitable relief regularly will lie only when the common law relief is inadequate. For instance, specific performance for the purchase of real property will be granted because common law damages are deemed to be inadequate since they cannot compensate the buyer in view of the uniqueness attributed to real property.As the common law, equity law became part of American law either through judicial acceptance or through express statutory provision. Today, both legal systems have been merged in many American jurisdictions (beginning with New York in 1848), with the result that there is only one form of civil suit in these jurisdictions as well as in federal practice. Only few States continue to maintain a separate chancery court. Nevertheless, the reference to the historical development is important because, on the one hand, it explains the origin and significance of many contemporary legal concepts (for instance the division of title in the law of property) and, on the other hand, it is still relevant for the decision of such questions whether, for instance, there is a right to a trial by jury (only in the case of common law suits, in other cases only before the judge). In addition, the differentiation will determine whether the "ordinary" common law relief of damages applies or whether the "extraordinary" equity remedy of specific performance is available."Case law" describes the entire body of judge-made law and today includes common law and equity precedents. In imprecise and confusing usage the terms "common law" and "case law"are often used synonymously, with the term "common law" in this usage connotingjudge-made law in general as contrasted with statutory law. "Case law" always connotesjudg-made law, while "common law" in contrast--depending on the meaningintended--describes either the judge made law in common law subject matters or,Lesson Two：Legal Profession 法律职业Part One：The BarThe regulation of the legal profession is primarily the concern of the states, each of which has its own requirements for admission to practice. Most require three years of college and a law degree. Each state administers its own written examination to applicants for its bar. Almost all states, however, make use of the Multistate Bar Exam, a day long multiple choice test, to which the state adds a day long essay examination emphasizing its own law. No apprenticeship is required either before or after admission.A lawyer's practice is usually confined to a single community for, although a lawyer may travel to represent clients, one is only permitted to practice in a state where one has been admitted. However, one who moves to another state can usually be admitted without examination if one has practiced in a state where one has been admitted for some time, often five years.A lawyer may not only practice law, but is permitted to engage in any activity that is open to other citizens. It is not uncommon for the practicing lawyer to serve on boards of directors of corporate clients, to engage in business, and to participate actively in public affairs. A lawyer remains a member of the bar even after becoming a judge, an employee of the government orof a private business concern, or a law teacher, and may return to private practice from these other activities. A relatively small number of lawyers give up practice for responsible executive positions in commerce and industry. The mobility as well as the sense of public responsibility in the profession is evidenced 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.There is no formal division among lawyers according to function. The distinction between barristers and solicitors found in England did not take root in the United States, and there is no branch of the 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. The American lawyer s domain includes advocacy, counselling, and drafting. Furthermore, within the sphere broadly defined as the "practice of law" the domain is exclusive and is not open to others. In the field of advocacy, the rules are fairly clear: any individual may represent himself or herself in court but, with the exception of a few inferior courts, only a lawyer may represent another in court. Nonlawyers are, however, authorized to represent others in formal proceedings of a judicial nature before some administrative agencies. The lines of demarcation are less clear in the areas of counselling and drafting of legal instruments, as for example between the practice of law and that of accounting in the field of federal income taxation. However, the strict approach of most American courts is indicated by a decision of New York s highest court that a lawyer admitted to practice in a foreign country but not in New York is prohibited from giving legal advice to clients in New York, even though the advice is limited to the law of the foreign country where the lawyer is admitted. A foreign lawyer may, however, be admitted to the bar of one of the states and may, even without being admitted, advise an American lawyer as a consultant on foreign law.Part Two：Lawyers in Private PracticeAmong these fifteen lawyers in practice, nine, a clear majority, are single practitioners. The remaining six practice in law firms, which are generally organized as partnerships. Four or five of these six are partners and the others are associates, a term applied to salaried lawyers employed by a firm or another lawyer. This trend toward group practice is of relatively recent origin. Throughout most of the nineteenth century law practice was general rather than specialized, its chief ingredient was advocacy rather than counselling and drafting, and theprototype of the American lawyer was the single practitioner. Marked specialization began in the latter part of that century in the large cities near the financial centers. With the growth of big business, big government, and big labor, the work of the lawyer accomodated itself to the needs of clients for expert counselling and drafting to prevent as well as to settle disputes. The best lawyers were attracted to this work and leadership of the bar gravitated to persons who rarely if ever appeared in court and who were sought after as advisors, planners, and negotiators. Today the lawyer regards it as sound practice to be continuously familiar with clients business problems and to participate at all steps in the shaping of their policies. Major business transactions are rarely undertaken without advice of counsel.Part Three: House CounselOut of every twenty lawyers, two are employed by private business concerns, such as industrial corporations, insurance companies, and banks, usually as house or corporate counsel in the concern s legal department. The growth of corporations, the complexity of business, and the multitude of problems posed by government regulation make it desirable for such firms to have in their employ persons with legal training who, at the same time, are intimately familiar with the particular problems and conditions of the firm. In large corporations the legal department may number one hundred or more. The general counsel, who heads the office, is usually an officer of the company and may serve on important policy making committees and perhaps even on the board of directors. House counsel remain members of the bar and are entitled to appear in court, though an outside lawyer is often retained for litigation. However, it is the house counsel s skill as advisor rather than as advocate that is a valued asset. Constantly in touch with the employer s problems, house counsel is ideally situated to practice preventive law and may also be called upon to advise the company on its broader obligation to the public and the nation.Part Four：Lawyers in GovernmentA parallel development has taken place in government and two out of twenty lawyers are now employees of the federal, state, county, and municipal governments, exclusive of the judiciary. Many of those entering public service are recent law graduates who find government salaries sufficiently attractive at this stage of their careers and seek the training that such service may offer as a prelude to private practice. Limitations on top salaries, however, discourage some from continuing with the government. The majority serves by appointment in the legal departments of a variety of federal and state agencies and local entities. The United StatesDepartment of Justice alone employs more than two thousands, and the Law Department of the City of New York more than four hundreds. Others are engaged as public prosecutors. Federal prosecutors, the United States attorneys and their assistants, are appointed by the President and are subordinate to the Attorney General of the United States. State prosecutors, sometimes known as district attorneys, are commonly elected by each county and are not under the control of the state attorney general. As a rule, lawyers in government are directly engaged in legal work, since law training is infrequently sought as preparation for general government service. However, a small but important minority that constitutes an exception to this rule consists of those who have been appointed to high executive positions and those who have been elected to political office. Though the participation of lawyers in government has declined recently, for two centuries lawyers have made up roughly half of the Congress of the United States and of the state governors. These figures bear out the comment of Chief Justice Stone that, "No tradition of our profession is more cherished by lawyers than that of its leadership in public affairs."Lesson Three: Legal Education 法律教育In 1983, over 125,000 law students were studying in more than 170 ABA accredited law schools including public law schools supported in part by government funds; private law schools supported by contributions from individuals and foundation funds; and local or national schools offering full time or part time legal study programs. As virtually the only way to prepare for membership in the legal profession, law schools in the United States fulfill several functions including professional training and socialization of future lawyers and screening and gatekeeping for entrance to the profession. Since there is no central institution where all lawyers practice, the only institutional experience which lawyers have in common is law school.The criticisms which range from "mild to caustic" of the way in which law schools have carried out these functions and of the functions themselves have been persistent, diverse and rooted in the historical and political development of the profession. These criticisms have focussed on the curriculum and the dominance of the case method; the distribution of power and prestige reflected in the hierarchy within and among the law schools; and the imbalance in terms of women and minorities in the student body and faculty in the law schools.Part One：Curriculum and the Case MethodThe traditional first-year program offered in virtually all American law schools includes contracts, torts, property, criminal law and civil procedure. Duncan Kennedy has described the traditional first-year curriculum as basically teaching the ground rules for late 19th century laissez-faire capitalism. The second year and third year course expound the moderate reformist New Deal program and the administrative structure of the modern regulatory state. The peripheral subjects, if they are offered, include legal philosophy, legal history, legal process, and clinical education, a "kind of playground or finishing school for learning the social art of self presentation as a lawyer".However, as new areas of the law continue to develop in response to contemporary issues and problems, some law schools have expanded curricula to include courses and clinical programs in environmental law, housing and urban development, women`s rights, health in the workplace, welfare rights and consumer protection. There are also increasing efforts to teach law in interdisciplinary contexts, drawing on other disciplines such as history, psychology, sociology, medicine, and economics.In teaching the traditional curriculum, law teachers in almost all the law schools use to some extent the case method or the Socratic method. Developed in the 1870s by Christopher Columbus Langdell at the Harvard Law School, the case method looked to the common law as the source of legal priniciples and focussed on the teaching of an abstract conception of the law as a science. The legal principles elicited were to be taught divorced from the "grubby world of practice--and also from politics, history, economics, and social contexts". This narrow formalistic approach was justified on the ground that it taught students how to state, analyze, evaluate and compare concrete fact situations thus developing their powers and skills of analysis, reasoning, and expression.However, this process of learning "how to think like a lawyer" has been criticized as having an adverse impact both on the students and the quality of future lawyering. Students, law teachers, and others have pointed to the alienation, anxiety, hostility and aggression caused by use of the case method or Socratic method. The narrow and destructive interaction of this dialogue, or often "no dialogue", contributes to the impairment of the ability to care about otherpeople, a professional unemotionalism and cynicism on the part of law students. And it is not only the law students who suffer from this narrowing of their professional selves. The work of a lawyer involves continuous contacts with clients, associates, other lawyers, judges, witnesses, others affected by the law, and involves the lawyer’s own goals, attitudes, performance, and sense of satisfaction.Part Two：Law School HierarchyDuncan Kennedy has described the law schools as "intensely political places", characterized by a "trade school mentality, the endless attention to trees at the expense of forests." The law schools function as the institution for "ideological training for willing service in the hierarchies of the corporate welfare state". In the ranking and evaluation of students, students learn to accept their place in a hierarchy which is presented as just and inevitable and "so prepare themselves for all the hierarchies to follow". In the law teachers modeling of hierarchical relationships with students, colleagues, secretaries and support staff, students learn a particular style of condescension towards perceived inferiors and deference towards perceived superiors. And under the subtle but intense pressure to conform to the "white, male, middle class tone" set by law faculties which are overwhelmingly white, male, and middle class, law students adapt, "partly out of fear, partly out of hope of gain, partly out of genuine admiration for their role models". In these ways, "legal education is one of the causes of legal hierarchy. Legal education supports it by analogy, provides it a general legitimating ideology by justifying the rules that underlie it, and provides it a particular ideology by mystifying legal reasoning. Legal education structures the pool of prospective lawyers so that their hierarchical organization seems inevitable, and trains them to look and think and act just like all the other lawyers in the system" .In addition to the hierarchy within the law schools suggested by Kennedy, other analyses of the law schools functions and relationship to the profession suggest the existence of a hierarchy among the law schools. The top dozen or so elite law schools occupy a position of power and prestige which is partially reflected in the professional career paths of their graduates and in the "old boy networks" connecting the law schools and the rest of the legal profession. The models of the "law school as the gateway to the American power elite became possible with the New Deal". Felix Frankfurter’s placement n etwork for the "best and the brightest" into influential public policy positions during the New Deal in the 1930s was anearly example of this kind of network. During his tenure at Harvard and later while on the Supreme Court, Frankfurter developed an "old boy network" which was intimately involved with the placement of many of the "elite" lawyers, all of whom were white and male, into public service. The typical Frankfurter recruit was "a graduate of Harvard Law School, politically liberal, usually ranked high in his class, and either an obvious product of upper class gentile culture or an obvious product of a radically different culture who was 'comfortable' in the upper class gentile world".In the current hiring practices of the major law firms and in the competition for judicial clerkships, and in the appointments to law faculties, the graduates of the elite schools continue to have an advantage over graduates of other schools. In a recent study of Chicago lawyers, Zemans and Rosenblum found that lawyers who attended "high-prestige law schools and graduated in the top 20 percent of their classes were much more likely to practice in large firms and specialize in high-prestige fields of law". In terms of appointments to law faculties, 60% of the legal prof ession’s teaching specialists are produced by fewer than 15% of the nation s accredited law schools. These law teacher producer schools are mostly national, located in urban locations, and include schools such as Harvard, Yale, Columbia, University of Michigan, Chicago, New York University, Northwestern University, and Georgetown. If it is true that the full time faculty of the law schools "have a virtual monopoly on who will and will not enter the (legal) profession" and "on the power to mold future generations", then the existence of a hierarchy among the law schools suggests that an elite group of schools is primarily responsible for staffing the law schools, which in turn produce lawyers for the hierarchies within the profession.Lesson Four：Judicial System 司法系统Part One：CourtsThere are fifty-two separate court systems in the United States. Each state, as well as the District of Columbia, has its own fully developed, independent system of courts and there is a separate federal court system. The federal courts are not superior to the state courts; they are an independent, coordinate system authorized by the United States Constitution, Art. Ⅲ,§2, to handle matters of particular federal interest. The presence of two parallel court systems often raises questions concerning the relationship of the state and federal systems, presentingimportant issues of federalism. The United States Supreme Court, composed of nine justices, sits as the final and controlling voice over all these systems.Although a few states, such as Nebraska, have a two-tiered system, most states, as well as the federal courts, are based on a three-tiered model. That means that for any litigant there will be the opportunity to plead his case before a trial court and then, should he lose, there are two levels of appeal at which he ultimately may succeed. For example, in the federal system the trial court is the United States District Court, of which there is at least one in every state. Many larger states are divided into two, three or even four judicial districts, depending on population, geography and caseload. There are ninety-four districts in the United States and each district court has one judge, or more commonly two or more. After an adverse judgment in the district court, a litigant may appeal to the United States Court of Appeals for the circuit in which the district court is located. There are eleven numbered intermediate appellate courts in the federal system, each including anywhere from three to ten states and territories. Additionally, there is a Court of Appeals for the District of Columbia, hearing appeals from the federal district court there, and one for the Federal Circuit, taking appeals from various specialized federal tribunals, such as the Claims Court. Each court of appeals has four or more judges who sit in panels of three to review district court decisions, as well as some decisions of administrative agencies. A losing litigant in the court of appeals may, in some cases, be able to obtain review by the United States Supreme Court. Cases in the state courts similarly may proceed through a trial court, a state appellate court, and then the state supreme court. If a federal constitutional question is involved the decision of the state Supreme Court may be reviewed by the United States Supreme Court. Since 1988, review by the Supreme Court in civil cases is discretionary; virtually all civil appeals as of right to the highest court have been abolished.Three-tiered systems vary on the role which the highest court plays. The approaches taken reflect differing philosophies with regard to what the highest court should do. For example, in California only criminal cases in which capital punishment has been imposed are appealable as of right to the state supreme court. Similarly, in the federal courts, except in a few very limited circumstances, appeals to the United States Supreme Court are discretionary, by writ of certiorari. The Court decides for itself what are the most important questions that deserve its attention and will refuse to review decisions raising issues that it feels are not as crucial. In this way it supervises the administration of law by the lower courts on an ad hoc basis. At the other end of the spectrum, such as in New York, appeals to the state s highest court are as of rightin a great many cases provided for by statute. The primary function of the highest court in New York appears to be to assure that cases are correctly decided. It is necessary to check carefully the statutes of the system in which you are appearing to determine the specific rules regarding review by those appellate courts.Part Two：JudgesFewer than one in twenty of those admitted to practice law is a federal, state, county, or municipal court judge. Except for some inferior courts, judges are generally required to be admitted to practice but do not practice while on the bench. There is so little uniformity that it is difficult to generalize further than to point out three salient characteristics that relate to the ranks from which judges are drawn, to the method of their selection, and to their tenure.Judges are drawn from the practicing bar and less frequently from government service or the teaching profession. There is in the United States no career judiciary like that found in many other countries and there is no prescribed route for the young law graduate who aspires to be a judge, no apprenticeship that must be served, no service that must be entered. The outstanding young law graduates who act for a year or two as law clerks to the most distinguished judges of the federal and state courts have only the reward of the experience to take with them into practice and not the promise of a judicial career. While it is not uncommon for a vacancy on a higher court to be filled by a judge from a lower court, even this cannot be said to be the rule. The legal profession is not entirely unaware of the advantages of a career judiciary, but it is generally thought that they are outweighed by the experience and independence which American lawyers bring to the bench. Many of the outstanding judges of the country s highest courts have had no prior judicial experience. Criticism has centered instead on the prevalent method of selection of judges.State court judges are usually elected, commonly by popular vote, but occassionally by the legislature. Popular election has been the subject of much disapproval, including that of the American Bar Association, on the ground that the public lacks interest in and information on candidates for judicial office and that therefore the outcome is too often controlled by leaders of political parties. The situation has been somewhat improved since many local bar associations have undertaken to evaluate the qualifications of candidates and to support or oppose them on this basis.。

第一课美国法律制度介绍第一部分特征与特点美国既是一个非常新的国家也是一个非常老的国家。

与许多别的国家相比它是一个新的国家。

同时，它还因新人口成分和新州的加入而持续更新，在此意义上，它也是新国家。

但是在其它的意义上它是老国家。

它是最老的“新”国家——第一个由旧大陆殖民地脱胎而出的国家。

它拥有最古老的成文宪法、最古老的持续的联邦体制以及最古老的民族自治实践。

美国的年轻（性）有一个很有意思的特点就是它的历史肇始于印刷机发明之后。

因此它的整个历史都得以记录下来：确实可以很有把握地说，任何其它国家都没有像美国这样全面的历史记录，因为像在意大利、法国或者英国过去的传说中湮没的那样的事件在美国都成了有文字记载的历史之一部分。

而且其记录不仅全面，还非常浩繁。

不仅包括这个国家自1776年以来的殖民时期的记录，还有当前五十个州以及各州和联邦（nation）之间错综复杂的关系网络的历史记录。

因此，据一个非常简单的例子，美国最高法院判例汇编有大约350卷，而一些州的判例汇编也几乎有同样多的卷数：想研究美国法律史的读者要面对的是超过5000巨卷的司法案例。

我们不能说一个文件或几个文件就能揭示出一国人民或其政府的特性。

但如果横跨一百多年的千百万个文件敲出始终如一的音调，我们就有理由说这就是其主调。

当千百万个文件都以同样的方式去解决同样的中心问题，我们就有理由从中得出可以被称为国民特定的确定结论。

第二部分普通法和衡平法同英国一样，美国法律制度从方法论上来说主要是一种判例法制度。

许多私法领域仍然主要是由判例法构成，广泛而不断增长的制定法一直受制于有约束力的（解释制定法的）判例法。

因此，判例法方法的知识以及使用判例法的技巧对于理解美国法律和法律方法是极其重要的。

从历史的角度来看，普通法就是由英国皇家法院的巡回法官的判决所得出的普通的一般法——优于地方法。

采纳或执行某项诉讼请求是以存在法院令状这种特殊形式的诉为前提的，而这就使最初的普通法表现为由类似于古罗马法的“诉”所构成的体系。

Lesson One: Legal System 法律制度英属殖民地时期(the Period of the English Colonies)和美利坚合众国时期(the Period of the United States)。

公诉制度(public prosecution)美国属于普通法系(Common Law Legal System)分散制(decentralization)为原则；以判例法(case law)为主体。

"零散的无系统"(fragmental no system)。

成文法(written law)或制定法(statutory law)，遵从前例"(stare decisisPart OneThe United States is at once a very new nation and a very old nation. It is a new nation compared with many other countries, and it is new, too, in the sense that it is constantly being renewed by the addition of new elements of population and of new States. But in other senses it is old. It is the oldest of the "new" nations--the first one to be made out of an Old World colony. It has the oldest written constitution, the oldest continuous federal system, and the oldest practice of self government of any nation.美国既是一个非常新的国家也是一个非常老的国家。

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AAbsolute['æbsəlju:t] proof 绝对证明absolute property 绝对财产（权）abstract of title 产权书摘要acceleration clause 提前(偿还）条款acceptance 承诺accident report 事故报告accident insurance 意外保险accusation 指控;控告accusatorial procedure 控告程序accusatorial process of proof 控告证明过程（程序)accusatorial system 控告或诉讼程序accused 被指控者accuser 控告人acknowledgement 认知（书）acquittal 无罪判决act 条例;作为Act for the prevention of Frauds and Perjuries 《预防诈欺和伪证条例》action 诉讼；作为actual losses 实际损失adjudication 裁决；裁定administrative law 行政法administrative law judge 行政法法官administrative procedure 行政程序administrator 管理人；监管人admissible 可采的admissibility 可采性admit 采用;允许adoption 收养adulterous conduct 通奸行为ad valorem property tax 从价财产税adversarial hearing 对抗式听证会adversarial process 对抗式程序adversary 对手adversary trial system 对抗式（或抗辩）审判制度advocacy 出庭辩护；诉讼代理advocate 辩护人；诉讼代理人affidavit 正式书面陈述affirm 维持（原判)affirmation 保证书；证词affirmative 确保的agency (行政)机关agency action 机关(行政)机关agreed upon remedies 补救协议agreement 协议agreement—as—written 书面协议agreement —in—fact 事实协议alibi 阿里白（不在犯罪场的证明) alienation of affection 离间夫妻关系allegation 声称;指控allege 诉称；指控alleged offense 所控罪行alternate juror 替补陪审员amendment 修正案American Bar Association 美国律师协会American Law Institute 美国法学会analogy 类推Anglo—American Legal System 英美法系anonymous accusation 匿名控告appeal 上诉appear 出庭appellant 上诉人appellate action 上诉行为appellate court 上诉法院appellee 被上诉人appealer 上诉人appropriate 拨款appurtenant 附属物arbiter 仲裁人arbitrary武断的arbitration仲裁arraignment初审array 陪审员名单arrest 逮捕arrest warrant 逮捕令（证)arrestee 被捕人article 条款,文章article of authority 授权条款articles of confederation 《联帮条例》articles of incorporation 公司组织章程artificial person 法人Asian American legal defense and education fund亚裔美国人法律辩护与教育基金会assault 意图或威胁伤害assert 主张,宣称asset 资产assistant attorney 助理法官associate judge 副法官associate justice 副大法官assumption 违约合同，违约赔偿之诉assumption 假定attempt 意图，企图attempted escape 逃脱未遂attestation 证词attorney 代理人，律师attorney at law 律师attorney general 检察长authentication 鉴定authority 权力，法源，权威性依据automobile insurance 机动车保险automobile tort 机动车侵权行为autonomy 自治（权）Bban 禁令，禁止banishment 流放bankruptcy 破产bankruptcy discharge 破产债务解除bankruptcy judge 破产法官bar 律师职业bar association 律师协会barrister 出庭律师battery 殴打bench trial 法官审beneficiary 受益人benefit 收益，福得bigamy 重婚罪bill of lading 提单bill of right 《人权法案》bind over 具保，具结binder 临时保险单binding 有约束力binding contract 有约束力的合同binding force 约束力binding interpretation 有约束力的解释black-letter law （普通接受之基本原则的）黑体字法black nation bar association 全美黑人律师协会blue sky law 蓝天法(关于股票买卖控制的法律）Board of Governors（ABA）(美国律师协会的）董事会body of law 法体bond 债券;保释金bond instrument 债券契据branding 鞭笞breach 违约；破坏bride 贿赂bribery 贿赂（罪）bright-line test 明显界限检验标准broker 中间人brokerage fee 佣金；中介费brother—sister corporation 兄弟公司；姊妹公司Bulk Sales Act《大宗销售条例》burden 责任burden of going forward with the evidence 先行举证责任burden of persuasion 说服责任；证明责任burden of producing evidence 举证责任burden of proof 证明责任burglary入室盗窃（罪)business corporation实业公司business law 实业法business organization 实业组织buy—out agreement（股权）承买协议buy-sell agreement（股权）买卖协议bylaws（内部）章程CCalifornia Penal Code《加州刑法典》capital account 资本帐户capital crime 可判死刑罪capital punishment 死刑capital surplus 资本盈余capitation tax 人头税career criminal 职业罪犯career judiciary 职业法官case briefing 案情摘要case-in—chief 主诉case law 判例法case method 案例教学法case report 判决报告case reports 判例汇编casualty insurance （意外伤害）保险catalog 商品目录（单)certificate 证书certificate of existence 实体存在证明（书）challenge 置疑；挑战challenge for cause有理回避chancery court 衡平法院charging instrument 控告文件checks and balances 制衡（原则)chief judge 首席法官chief justice 首席大法官child abuse 虐待儿童circuit court 巡回法院circuit judge 巡回法官circumstantial evidence 旁证；情况证据citation 引证cite 援引;传讯civil court 民事法civil forfeiture 民事罚没civil law 民法Civil Law Legal System 民法体系civil liability 民事责任civil Liberty 民事自由civil Litigation民事诉讼civil procedure 民事诉讼程序civil suit民事诉讼Civil trial 民事审判Civil right 民权Civil right law 民权法Civil War Income Tax Act 《内战所得税条例》Claim 诉讼请求，索赔Classification of law 法律分类Close corporation内部持股公司Closely held corporation 内部持股公司Closing 终结,成交，结帐Closing argument 最后论述Closing statement成交声明Code 法典Code of Judicial Conduct 《法官行为准则》Codify 编成法典Co-felon 共同重罪犯Cohabitation 同居Collateral contract 附属合同Collegiate bench 合议席Collegiate panel 合议庭Commercial clause 商务条款，贸易条款Commercial law 商法Commercial paper 商务文件Commission佣金Commit 交托，犯(罪）Commitment 犯罪，许诺，委托Commitment of financing 融资许诺Common law 普通法Common law damages 普通法赔偿金Common law legal system(family) 普通法法系Common law marriage 普通法婚姻Common property 共同财产Common stock 普通股票Community property 共同财产Comparative law 比较法Comparative negligence 比较过失Compensation 赔偿（金）Compensatory damage 应予赔偿之损害Competence 管辖权限Competency 有效性Complaint 控告,申诉Comprehensive Drug Abuse Prevention and Control Act 《滥用毒品的综合预防与控制条例》Compulsory license 强制性许可Concur附条件地同意Concurring opinion 并存（判决）意见Confer 授与Conference 协商会议Confidential information 保密信息Confiscation 没收Conflict law 冲突法Congress 国会Consent 同意,认可Consideration 对价，约因Constitution 宪法Constitutional Convention 制宪会议Constitutional law 宪法Constitutional tort 宪法性侵权Constitutionality 合宪性Construction （法律的）结构，解释Construe 解释，分析Consultation 磋商Consumer protection statute 消费者保护法律Consumption tax 消费税Continental Law Legal System（or Family）大陆法系Contingent fee 胜诉酬金Continuance 诉讼延期Contract 合同Contract dispute 合同纠纷Contract formation 合同构成Contract interpretation 合同解释Contract law 合同法Contract performance 合同履行contractor 承包商contravence 触犯;违犯contributory negligence 共同过失controlling law 应适应之法律conversion 非法占有convey 转让conveyance 转让convertible bond 可转换债券conviction 有罪判决convincing evidence 使人信服的证据copyright 版权;著作权corporal punishment肉体刑corporate camsel 公司法律顾问corporate excise tax 公司执照税corporate law 公司法corporation 公司corporation aggregate 合有公司corporation code 公司法典corporation law 公司法corporation sole 独有公司corpus 尸体;本金Council on legal Education Opportunities 法律教育机会委员会counselor （法律)顾问;律师counselor-at—law 律师court 法院；法官court decision 法院判决court fee 诉讼费court of appeals 上诉法院court of chancery 衡平法法院court of claims 索赔法院court of customs and Patent Appeals 关税及专利上诉法院court of domestic relations 家庭关系法院court opinion 法院判决意见courtroom 法庭coverage 保险范围crime 犯罪crime code 刑法典crime homicide 有罪杀人crime justice system 刑事司法系统crime law 刑法crime liability 刑事责任crime procedure 刑事诉讼程序cross-examination 交叉盘问;盘诘cruel and unusual punishment 残忍和非常的刑罚cumulative evidence 累计证据curative 临时监护的curriculum guide 课程指南custody 监护custom duty 关税customary law 习惯法customary practice 惯例customs court 关税法院Ddamage 损害;损伤damage claim 损害赔偿请求damages 损害赔偿金deadlocked jury 僵局陪审团death penalty 死刑death tax 遗产税debenture 债单(券)debt securities 债权证券decide a case 判案deed 契约deed book 文契汇编defamation 诽谤default 不履行;违约defendant 被告人defence 辩护defence attorney 辩护律师defense’s case-in—chief 辩护方主讼deficiency judgment 不足额判决degrees of murder （恶意)杀人罪的等级delegation 授权delegated legislation 授权立法deliberate intention 故意deliberation (陪审团)评议demonstrative evidence 示意证据deprivation 剥夺derogatory treatment of the work 对作品的贬毁性处理(或使用）designs 设计detract 毁损;贬低developer （土地）开发商dicta 判决附带意见dignity 尊严direct evidence 直接证据direct examination 直接盘问direct tax 直接税disa bility insurance 残疾保险disabled dependent child 无谋生能力的残疾儿童discharge 解雇；释放discount 贴现;折扣discovery 要求告知discrete risk transfer product 离散性风险转移（保险)产品discretion 自由裁量权discriminatory 歧视性税收dispense 执行;施行dispute 争议；纠纷disposition 处置（权)dissent 异议;反对dissenting opinion 异议;反对意见dissolution 解散distort 歪曲;误解district attorney 地区检查官database right 数据权dividend 股息division of title 产权分割divorce 离婚docket 备审案件目录doctrine 法则；原则doctrine of constitutional supremacy 宪法至上原则doctrine of Maranda Warnings 米兰达忠告原则document 文件；文书document of title 产权证书domant Commerce Clause 休眠的”贸易条款”domicile 住所地double jeopardy 一罪二审draft 起草;草拟draftman 起草者drug trade 毒品交易drug trafficking 毒品交易dry run 干转；排练due diligence 适当努力due process 正当程序Due Process Clause 正当程序条款due process test 正当程序检验标准duration 期限duress 强迫；胁迫duty 义务；关税duty of care 照看义务Eearnest money 定金easyment 地役权ecclesiastical court 宗教法庭economic law 经济法effective date 生效日期effective time 生效时间element of crime 犯罪要素(件) empower 授权enact 制定;颁布en banc 全体法官出庭审判encroachment 侵占encumbered property 抵押财产enforce 实施；执行enforceable 可强制执行的enforceability 可执行性enforcement of Law 执法English—American Legal System (or Family）英吉利法系enjoin（衡平）强制令entail 限定继承entity 实体environmental impact statement 环境影响报告environmental Law 环境保护法Environmental protection Agency（EPA) 环境保护局environmental quality 环境质量equal protection clause 平等保护条款equitable relief 衡平救济equity 衡平法equity Law 衡平法equity precedent 衡平法判例equity securities 产权证券;衡平证券error 过错escape 逃走；逃脱escrow 第三者保存合同essential justice 实质公正estate 财产；遗产estate tax 遗产税ＥＵDirective 欧盟指令evaluate 评价evict 逐出（租户)evidence 证据evidentiary presumption 证据推定evidentiary rule 证据规则ex aequo at bono 公平且善良examine 检查;盘问examination 检查；盘问exception 例外exception clause 例外条款excise tax 执照税exclude 排除exclusive listing 读家上市exclusive right 排他性权利exclusive tax situs 唯一征税地点excusable homicide 可宽恕之杀人execute 执行；签属execution 执行executive acts 行政条例executive branch 行政部门executive order 行政命令executor (遗嘱）执行人executor of estate 遗产执行人exemption 免除;豁免exhibit 展示物(证）exigent circumstance 紧急情况existing securities 上市证券exparte 单方面的expectation damages 预期赔偿金expert 专家（证人）expert testimony 专家证言expert witness 专家证人express contract 明示合同express statutory provision 法律明文规定express warranty 明示保证（保修）ex rel 依据告发face amount 面颊face value 面植facilitate 促使:利于fact 事实fact in issue 争议事实factor 因素；代理商Factors Lien Act 《代理商留置权条例》Fair trial 公平审判false imprisonment 非法拘禁family law 家庭法fault 过错fault principle 过错原则feasibility study 可行性研究Federal Administrative Procedure Act 《联邦行政程序》Federal Antitrust Law 《联邦犯托拉斯法》federal convention 联邦制宪会议federal crime of murder 联邦杀人罪Federal Housing Act 《联邦住房条例》Federal Income Tax Act 《联邦所得税条例》federal judge 联邦法官Federal rules of civil procedure 《联邦民事诉讼规则》Federal rules of criminal procedure 《联邦刑事诉讼规则》Federal rules of evidence 《联邦证据规则》Federal securities act 《联邦证券条例》federal supremacy 联邦至上（原则）Federal tort claims act 《联邦侵权索赔条例》felon 重罪犯felony 重罪felony-murder 重罪杀人fiduciary 受托人file 档案；注册file a petition 呈交诉状；提出请求fine 罚金fingerprint 手印fire insurance 火灾保险fire protection 消防first degree murder 一级谋杀first instance 一审fixture （不动产）附属物flogging 烙印force of law 法律效力forcible felony 暴力性重罪foreign exchange risk 外汇风险forfeiture 没收；罚没form contract 格式合同form of evidence 证据的形式formal adjudication 正式裁决formal rulemaking 正式规则制定formation 构成；鉴定franchise tax 特许经营税fraud 诈欺free enterprise system 自由企业制度free movement of goods 自由物流，货物的自由流通freedom of choice 选择自由frustrate 使受挫折fundamental law 基本法fundamental right 基本权利Ggeneral acceptance standard （科学证据的）公认标准general partnership 一般合伙general property 一般财产（权）general provisions 总则gerontocratic 老人统治的gift tax 赠予税government tort 政府侵权(行为）grant of power 授权gross negligence 严重过失group insurance 团体保险guarantee 担保guardian 监护人guardianship 监护权guidelines for sentencing 量刑指南guilt 有罪guilty 有罪的guilty 有罪答辩Hhabitual offender 惯犯hail insurance 冰雹保险handcuff 手铐handwriting 笔迹health insurance 健康保险health regulation 卫生法规hearing 听证(会）hearing of jury 陪审团听审hearsay 传闻证据heir 继承人hierarchy 等级制度high crime 重罪hold 认定;裁定holding 认定；裁定holding device 拥有手段（形式）homicide 杀人(罪）homosexuality 同性恋house counsel （公司）专职法律顾问husband-wife relationship 夫妻关系husband—wife tort 夫妻侵权（行为) IId。

知识产权专业法律英语课程教学大纲 >>《法律英语课程教学大纲》一、课程基本信息适用专业：知识产权课程开出单位：社会与法学院课程代码：BK0609035课程的类型与性质：专业选修课总学分：2总学时：32理论授课学时：32学时实验实训学时：0学时参考教材：何家弘．法律英语．法律出版社，2004年先修课程：民法、商法、民事诉讼法考核方式：考查。

平时成绩由作业、出勤、期中考试三部分组成，占总成绩的30%；期末考试成绩占总成绩的70%。

二、课程简介本课程属于专业选修课；本课程以英美法为教学核心内容,包括英语法律术语、英美法系与大陆法系的比较、英美律师职业介绍、英美主要部门法、WTO 法律文件选读、国际经贸法律、法学研究技巧与资源的运用，让学生掌握外语知识；使学生具有一定的外语交际能力和计算机操作能力。

第一章：Introduction导论学时数：21、本章教学目标：介绍开设本课程的背景意义、课程性质与特点、教学内容安排、学习方法与要求、相关参考书及本课程的考核方式。

2、本章教学基本要求：了解：开设本课程的背景意义、课程性质与特点理解：教学内容安排、学习方法与要求掌握：相关参考书及本课程的考核方式3、本章教学重点：The category of law; the way to read cases4、本章教学难点：The way to express opinion or ideas and disagreement5、教学内容安排Part I To categorize law in different waysPart II To learn how to read casesPart IIITo learn the skills of presentingPart IVTo learn how to express opinions or ideasPart VTo know the way to learn Legal English, including how to make use of the law dictionaries, the internet resource and reference book第二章：Legal System法律制度学时数：21、本章教学目标：（1）To be clear about the difference between common law and civil law systems（2）To have a clear idea of the legal system of China（3）To grasp the related legal vocabularies2、本章教学基本要求：了解：普通法系和成文法系的区别理解：中国法律体系掌握：相关法律概念和词汇3、本章教学重点：Common law legal system4、本章教学难点：Difference between common law and civil law5、教学内容安排Part I Features and CharacteristicsPart II Common law and Equity law第三章：Legal Profession 法律职业学时数：21、本章教学目标：（1）To be clear about the American legal profession（2）To learn certain legal phrases, such as practicing lawyer, legal instruments, associates, practice preventive law（3）To understand the process of engaging a lawyer（4）To get acquainted with some useful expressions in engaging a lawyer2、本章教学基本要求：了解：美国法律职业分类理解：律师执业规程掌握：相关法律术语3、本章教学重点：The status of the American legal profession4、本章教学难点：Some useful expressions in engaging a lawyer5、教学内容安排Part I The BarPart II Lawyers in Private PracticePart III House CounselPart IV Lawyers in Government第四章：Legal Education法律教育学时数：21、本章教学目标：（1）To be clear about the curriculum of American legal education（2）To distinguish the case method from lecture method（3）To learn some legal phrases: Regulatory state; clinical education; layering; law faculties; in high-prestige fields of law2、本章教学基本要求：了解：美国法学教育概况理解：案例教学法掌握：相关法律术语：诊所式教育、法律共同体、高端法律服务领域3、本章教学重点：Text4、本章教学难点：Legal phrases5、教学内容安排Part I Curriculum and the case methodPart II Law school hierarchy第五章：Judicial System司法体系学时数：21、本章教学目标：（1）To be clear about the American court system and English court system（2）To distinguish between trial courts and appellate courts（3）To be clear about the position of the Judges in court（4）To learn certain legal vocabulary, such as jurisdiction, sue, plaintiff, defendant, action, petition, and so on2、本章教学基本要求：了解：美国和英国法院系统理解：审判法院和上诉法院的区别掌握：相关法律术语：管辖、诉、原告、被告、法案、诉求等3、本章教学重点：American court system4、本章教学难点：Legal vocabulary5、教学内容安排Part I CourtsPart II Judges第六章：Constitution 宪法学时数：21、本章教学目标：（1）To be clear about the feature of the US Constitution, the fundamental principles of government and the provisions for amendment（2）To learn legal phrase: Judicial interpretation; national convention; implement; check and balance; separation of powers; federalism2、本章教学基本要求：了解：美国宪法的特点、基本原则理解：宪法修正案的法律效力掌握：相关法律术语：三权分立、联邦制3、本章教学重点：Text4、本章教学难点：Legal phases5、教学内容安排Part I The constitution as the supreme lawPart II The principles of governmentPart III Provisions for amendment第七章：Administrative Law行政法学时数：21、本章教学目标：（1）To be clear about the scope of the administrative law（2）To know the definition of “agency”in the Federal Administrative Procedure（3）To be clear about the functions of regulatory agencies and non-regulatory agencies（4）To learn legal phrases: remedy; vest; delegation; mandate; administrative action; fiscal; welfare; judicial review2、本章教学基本要求：了解：行政法的涵盖范围理解：联邦行政程序掌握：相关法律术语：行政补偿、代理、强制性、行政行为、福利、法律评论3、本章教学重点：Text4、本章教学难点：Legal phases5、教学内容安排Part I Agency action and administrative lawPart II Paradigms and models第八章：Criminal Law刑法学时数：21、本章教学目标：（1）To learn the element of a crime in the US criminal law.（2）To be clear about types of crime（3）To be clear about what is homicide and what is justifiable homicide（4）To know the difference between murder and manslaughter（5）To know what is voluntary manslaughter and federal crime of murder（6）To learn legal phrases: Homicide; self-defense; justifiable homicide; justification; willful, deliberate and premeditated; the unwritten law; felon; murder and manslaughter; malice; death penalty; voluntary manslaughter; criminal sanction; statutory offense; imposition of the death penalty2、本章教学基本要求：了解：美国刑事案件的基本要素理解：谋杀和屠杀之间的区别掌握：相关法律术语：自杀、正当防卫、合法自杀、自愿性、蓄意和预谋、不成文法、盗窃、恶意的、死刑、刑罚、死刑监禁3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases5、教学内容安排Part I MurderPart II ManslaughterPart III Federal Homicide lawPart IV Modern murder-manslaughter legislationPart V Capital punishment第九章：Contract Law 合同法学时数：21、本章教学目标：（1）To understand the nature of a contract（2）To be clear about the requirements for a contract（3）To be clear about the source of contract law（4）To know the difference between judicial opinions and statutory law（5）To learn legal phrases: Real property; bodies of law; fraud; breach of contract tort; statutes; ordinances; blind adherence to; construction; offer; consideration; acceptance; misrepresentation; duress; unconscionability; contract performance; damages; expectation damages; agreed upon remedies; equitable relief; specific performance; injunction; restitution 2、本章教学基本要求：了解：合同的本质理解：合同的组成要件、司法意见和强行法的区别掌握：相关法律术语：违约责任、邀约、支付对价、承诺、表见代理3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases5、教学内容安排Part I What is a contract?Part II considerationPart III invitation and offerPart IV breach of contractPart V the good faith principle第十章：Tort Law 侵权法学时数：21、本章教学目标：（1）To understand what is a tort（2）To learn legal phrases: Tortuous acts; try his claim; verdict; guest statutes; recovery; warranty; implied contract; intentional tort; negligence; strict liability; duty of care; contributory negligence2、本章教学基本要求：了解：什么是侵权理解：侵权行为成立要件掌握：相关法律术语：侵权行为、恢复原状、担保、暗示合同、有意侵权、疏忽、注意义务3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases5、教学内容安排Part I IntroductionPart II Intentional tortsPart III Liability for negligencePart IV Tort law reform第十一章：Property Law 财产法学时数：21、本章教学目标：（1）To know the background of the US property law（2）To be clear about fundamentals of real property law（3）To understand the role of the lawyer in real property transactions（4）To learn legal phrases: Due diligence; formalities; instruments; secondary party; easement; security devices; mortgage holder; recovery of possession2、本章教学基本要求：了解：美国财产法的起草背景理解：房地产法律的基石掌握：相关法律术语：尽职调查、抵押权人、恢复财产原状3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases5、教学内容安排Part I IntroductionPart II The fundamentals of real property lawPart III The role of the lawyer in real property transactions第十二章：Corporation Law 公司法学时数：21、本章教学目标：（1）To know the categories of laws applicable to US business enterprises（2）To learn the forms of business（3）To learn legal phrases: Restrict the number and the identity of their shareholders; the internal law of the corporation is governed by the statutes and case law of the state of incorporation; a partnership can…the general public; general partnerships; limited partnerships （4）To express similarities and differences2、本章教学基本要求：了解：美国公司法律范畴理解：公司类型掌握：股东数量和身份的控制、一般公众、普通合伙、有限合伙3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases and the expression of similarities and differences5、教学内容安排Part I IntroductionPart II the classification of company in USPart III CJV 、EJV and WOFE采用讲授式教学法；学生口语训练(role play、Work in groups); 课后写作与翻译练习思考题：Discussion topic: Which forms of business organization is the best for a Chinese entrepreneur to do business in the US?第十三章：Commercial Law 商法学时数：21、本章教学目标：（1）To learn the Article I, Section 8 of the Constitution（2）To learn the history of the commerce clause adjudication（3）To learn the Modern Commerce Power Test（4）To learn the content of the Uniform Commercial Code（5）To learn legal phrases: commerce clause adjudication; uphold the decisions; due process; law merchant; force and effect2、本章教学基本要求：了解：美国宪法第八部分第一章理解：美国统一商法典掌握：正当程序3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases and the expression of similarities and differences5、教学内容安排Part I IntroductionPart II the UCC codePart III commerce clause adjudicationPart IV commercial punishment采用讲授式教学法；学生口语训练；课后写作与翻译练习思考题：Negotiation exercise: Negotiation about buying mountain-tyre bicycles第十四章：Family Law 家庭法学时数：21、本章教学目标：（1）To learn the scope of the US Family Law（2）To learn some cases: Loving v Virginia; Boddie v. Connecticut; Califano v. Jobst; Zablocki v. Redhail（3）To learn legal phrases: fundamental right; strict scrutiny; holding; in one’s custody; court order or judgment; decree（4）To become acquainted with expressions in marriage formalities and divorce procedure2、本章教学基本要求：了解：美国家庭法的范畴理解：监护权、法令掌握：美国婚姻缔结和离婚程序3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases and the expression of similarities and differences5、教学内容安排Part I IntroductionPart II family law in the U.SPart III court order or judgmentPart IV custody本堂课将学生分组, 各组学生共同自学并准备讲解资料(group working and presenting)；学生口语训练(role play、Work in groups);课后写作与翻译练习思考题：Group discussion topic: The comparison about marriage and divorce procedures between American and China第十五章：WTO Rules 世贸组织法学时数：21、本章教学目标：（1）To be clear about what is DSU and what is DSB（2）To be clear about the composition of a panel（3）To learn the rules and procedures of WTO governing the settlement of disputes（4）To be clear about the principles underlying the GATT and WTO（5）Legal phrases: Identify the specific measure s at issue; contracting party; director-general; relevant council; committee2、本章教学基本要求：了解：专家组的构成理解：国际贸易争议解决程序掌握：关贸总协定和WTO的原则3、本章教学重点：Comprehension of text4、本章教学难点：Legal phases and the expression of similarities and differences5、教学内容安排Part I IntroductionPart II fwhat is DSU and what is DSBPart III the principles underlying the GATT and WTOPart IVthe principles underlying the TPP采用讲授式教学法；学生口语训练(role play、Work in groups);课后写作与翻译练习第十六章：Civil Procedure 民事诉讼程序学时数：21、本章教学目标：（1）To be clear about the civil procedure（2）To learn how to write a legal memorandum（3）Legal phrases: Trial lawyer; flow of the evidence; umpire; mistrial（4）To understand the typical expressions used during civil court trials2、本章教学基本要求：了解：民事诉讼基本程序理解：备忘录的写作掌握：辩护律师、证据链、误导审判3、本章教学重点：如何写作备忘录4、本章教学难点：case reading5、教学内容安排Part I IntroductionPart II what is the civil procedurePart III how to write a legal memorandumPart IV how to read a case案例式教学；学生口语训练；观看英文原版影片：《永不妥协》四、教学参考资料：[1]何家弘.法律英语[M].北京:法律出版社，2004[2]赵雁丽.法律英语教程·上下册[M].西安：西安交通大学出版社，2003[3]何主宇.最新法律专业英语[M].北京：机械工业出版社[4]杜金榜.法律英语阅读教程·1-3册[M].北京：对外经济贸易大学出版社，2003[5]赵建&夏国佐.法学专业英语教程·上下册[M].北京：中国人民大学出版社，1999[6]Catherine Elliott, Quinn F., English Legal System, and Edinburgh: Pearson cation Limited, 2002[7]Bradgate Robert, Commercial Law, and London: Butterworths, 1995[8]Jill Poole, Contract Law, and London: Blackstone Press, 2001[9]John H.Jackson, Legal Problems of International Economic Relations: cases, Materials and Text on The National and International Regulation of Transnational Economic Relations, USA: West Publishing Co., 1995五、课外自主学习要求：1、要求学生通过关注法律英语、传思阁英语等法律英语微信公众号，阅读《China daily》等报刊以了解法律术语如何实际运用；2、要求学生观看欧美律政剧培养英美法律思维；3、课外自主学习时间不得少于48学时。