法律英语(沙丽金第二版) 参考译文 完整版Lesson1-16

法律英语沙丽金版阅读文本问题答案Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a common system of law.6. Why did the people in England petition to the King and what would be the result?Because of the extremely rigid, frequently overly technical procedural requirements of the common-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the common law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor. Compiling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of common law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the20th century? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countriesand that in common law countries?Civil law judges are usually trained and promoted separately from advocates, whereas common law judges are usually selected from accomplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legalsystems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argument thanoral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is calleda justice of the supreme court of that state, while a man who holds anequivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were committed in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.?What are they?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of thefederal trial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization,or political entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitutionto the organizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources, 6.What do the codified and uncodified constitutions respectively result from?Codified constitutions are usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws and conventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining aconstitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute ina country using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law instates using uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person isguilty?Beyond a reasonable doubt that the defendant committed the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/heromission constitutes a failure to discharge that duty—the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their common law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) theinternal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been committed, it willbe recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?Complaint information, indictment7.Are there any differences between First Appearance and PreliminaryHearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyond a reasonable doubt (c) the right of the defendant not to take the stand(d) the exclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the community, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally.Another is to contact the person who harmed you and demand some compensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the complaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—bywhich disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law. 10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to compensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or shepresumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due toconfinement; and (d) Prevention of exit or no safe exit possible by plaintiff 5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in sucha manner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or comparative negligence and assumption of the risk8.What is the difference between the two types of comparative negligence?Pure comparative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial comparative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liabilitydoctrine? Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts andunilateral contracts?A bilateral contract is one in which the parties exchange promises to do somefuture act. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded bythe corporation?No. This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders. 7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What arethey?Minors are under an obligation to return any considerationreceived under the contract9.How can misunderstandings about terms in complex contracts be avoided?Complex contracts often contain sections that clearly define certain terms. 10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting companies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts andobligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have alimited life span”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership ofinterests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected byintellectual property law?Yes, no3.What do the various kinds of intellectual property have in common?Patents, copyrights, industrial designs, trademarks and confidential information4.Why do the intellectual property rights have much in common with the rightsassociated with real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history. 6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights?What are they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases? Delivery up, damages and an account of profits。

高教指定教材《法律英语》译文第一部分特点与特点美国既是一个专门新的国家也是一个专门老的国家。

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连续更新，在此意义上，它也是新国家。

然而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、最古老的连续的联邦体制以及最古老的民族自治实践。

美国的年轻（性）有一个专门有意思的特点确实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：确实能够专门有把握地说，任何其它国家都没有像美国如此全面的历史记录，因为像在意大利、法国或者英国过去的传奇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，还专门浩繁。

不仅包括那个国家自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，据一个专门简单的例子，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。

但假如横跨一百多年的千百万个文件敲出始终如一的音调，我们就有理由说这确实是其主调。

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能够被称为国民特定的确定结论。

第二部分一般法和衡平法同英国一样，美国法律制度从方法论上来说要紧是一种判例法制度。

许多私法领域仍旧要紧是由判例法构成，广泛而不断增长的制定法一直受制于有约束力的（说明制定法的）判例法。

因此，判例法方法的知识以及使用判例法的技巧关于明白得美国法律和法律方法是极其重要的。

从历史的角度来看，一般法确实是由英国皇家法院的巡回法官的判决所得出的一般的一样法——优于地点法。

采纳或执行某项诉讼要求是以存在法院令状这种专门形式的诉为前提的，而这就使最初的一般法表现为由类似于古罗马法的“诉”所构成的体系。

第一课PART one美国是一个即年轻又古老的国家,一个与很多国家相比很年轻的国家.同时,它因新人口的成份和新州的加入而持续更新,在此意义上,它也是新国家.但另一方面它是最古老的年轻国家——第一个从旧大陆殖民中脱胎而生的国家，它有最古老的成文法规、最古老的持续的联邦体系、最古老的自治政府惯例。

美国的年轻性最有趣特征之一就是美国历史是印刷发明以后的历史，这正是美国历史记载的全部。

更确地说，与美国相比，没有那个国家的历史有如此广泛的记载。

因为那些在意大利、法国或英国过去的传说中湮没的那些事件是美国历史有文字记载历史的一部分。

美国历史不仅复杂而且繁多。

它不仅包括殖民时代的记载和国家从1776年开始的记载，而且包括当前50个州和各州与联邦之间错综复杂关系的记载。

一个非常明显的例子，联邦最高法院判例汇编有350册以上，州法院判例汇编几乎同样多。

想要探索美国法律历史的人面对的是5000多巨册的法律案例。

没有哪一个文件或者少数文件可以准确地揭示一国人民或政府的特征。

但当一百多年来成百上千的文件敲击出始终如一的音调时，我们可以说这就是基调。

当成百上千的文件以相同的方式解说相同的包罗万象的问题时，从文件中确凿的推论，我们可以阅读出来被我们可称之为的国家特征。

PART TWO美国法律体系,像英国一样,从方法论上讲主要是判例法体系.私法的大多数领域主要包括判例法，以及广泛的不断增加的成文法。

这些成文法继续通过判例法受制于有约束力的法律解释。

对美国法律和法学方法论的理解，判例法知识和从事判例法工作的技巧是同等重要。

普通法在历史上是普通综合法，由英国皇家法院的巡回法官作出的，地位高于地方法。

某项诉讼请求的强制执行是以法院令状这以特殊诉讼形式存在为前提的，而这就是最初普通法表现的“诉讼行为”构成的体系，类似于古罗马法。

（在1227年）如果有法院令状，诉讼请求就会被强制执行。

没有法院令状的诉讼请求就没有追索权，因而该诉讼请求就不存在。

法律英语汉译英（专业词汇部分）Unit One第一课美国联邦下的法律1.成文法 statutory law★2.普通法 common law3.判例法 case law4.立法机构 legislature5.法院 court6.宪法 Constitution7.立法权 law-making power8.私法 private law9.合同法 contract law10.侵权法 tort law11.商法 business law12.公司法 corporate governance law13.专利和版权 patent and copyright14.合同/契约争议 contractual disputes15.刑事案件 criminal case16.民事案件 civil case17.民事侵权诉讼 civil tort actions18.家庭法 family law19.法律选择 choice of law20.多个司法管辖区 multi-jurisdiction21.诉讼 litigation/lawsui t/suit/action★22.实体权 substantive right23.准据法/适用法 applicable/governing/proper law★24.签订 conclude25.证券欺诈案件 a case include claims of securities fraud26.履行 perform27.履行地 performance28.受理/处理案件 to hear the case★29.原告 plaintiff★30.被告defendant★31.与合同最密切联系most involved with the contract32.选择法庭 choice of forum第二课双重法院体系1.司法的 judicial2.初审法庭 trial court3.终审法院 court of last resort★4.上诉法院 court of appeals5.上诉，申诉 appeal…to6.证人 witness7.证据 evidence8.陪审团 jury9.查明事实的人，事实发现者 fact-finder10.上诉的，有权受理上诉的 appellate11.遗嘱 probate12.小额诉讼法院 small claims court13.律师 attorney14.程序 procedure15.提出（申请） file★16.申请小额索赔 file claims for small sums of money17.定罪 conviction★18.仲裁人，公断人，裁决人 arbiter19.最高法院 the Supreme Court20.先例 procedureUnit Two第一课抗辩制1.上诉人 appellant2.被上诉人 appellee3.诉由,案由 cause of action★4.向某人提起诉讼，到法院告某人 to bring an action/lawsuit against sb.5.第三那人被告 third-party defendant6.庭审程序 trial procedure★7.英美法系国家的司法程序 Anglo-American judicial procedure8.认定事实 find the fact9.证据 submission10.抗辩制 adversary system11.提起诉讼 begin suit12.界定争议 shape the issues13.出示证据 produce evidence14.争议当事人 parties to the controversy15.纠问的 inquisitorial16.庭前调查 pre-trial investigation17.大陆法传统 civil law tradition18.庭辩风格 style of presentation and argument19.有利害关系的当事人 interested parties第二课开启一个诉讼1.起诉 sue2.诉讼当事人 litigant3.司法救济，救济；减轻，缓解 relief4.提供法律救助 to furnish a relief5.纠正，补偿 redress6.诉诸法院 bring to court★7.和解 settlement★8.仲裁 arbitration9.自力救济 self-help10.搁置纠纷 let matters rest11.损害赔偿 damages★12.实际履行 specific performance13.对事管辖权 jurisdiction over the subject matter14.对人管辖权 jurisdiction over the parties15.管辖权 jurisdiction16.违约之诉 damages for breach of contract17.法庭 forum18.最低限度联系 minimum contacts19.实体公正 substantial justice20.审判地 venue21.规定（援引法条） provide/read第三课诉状和对抗诉状的动议1.诉状 pleading2.起诉状 complaint3.向法院提交诉讼状或答辩状/办理立案 to file a pleading/lawsuit with the court4.陈述，阐明 to set forth5.书记员 clerk6.传票 summons7.出具传票 to issue a summons8.向某人送达传票、起诉书、法律文书to serve a summons, complaint, legaldocument on sb.9.通知 notify10.同意出庭 an entry of appearance11.指控，声称 allegation12.成为争议问题 put in issue13.积极抗辩 affirmative defense14.反诉 counterclaim15.(用辩解)减轻 extenuate16.未到庭，未履行义务 to be in default17.驳回 dismiss18.传票送达 service of process/service of summons19.法律上的充分性 legal sufficiency20. 提出异议，反对 challenge第四课调查取证1.庭前取证，调查 pre-trial discovery2.录取证词，宣誓证明 depose3.证词笔录,书证 deposition4.宣誓 under oath5.书面质询 written interrogatories6.人身伤害案件 personal injury case7.保持中立 take no part8.意外因素 surprise element9.争议 controversy10.律师 counsel11.庭前会议 pretrial conference12.即决判决，简易判决 summary judgment13.书证，书面陈述 affidavit14.提出请求即决判决的动议 make a motion for summary judgment15.（证据）允许提出的，可采纳的 admissible16.扰乱对方 harassment of an opponent17.要求对争议进行庭审的申请 notice of trial/issue第五课庭审1.主张…..权利 assert the right to2.将……列入陪审员名单 impanel3.组成陪审团 to impanel the jury4.绝对异议权 peremptory challenge★5.候选陪审员 prospective juror6.以明确的理由对陪审员候选人提出异议 to challenge a prospective juror forcause7.发誓 swear8.开案陈词 make opening statements9.询问证人 examine the witness10.出示文书 produce the document11.证据，物证 exhibit12.直接质证 direct examination13.交叉质证 cross examination14.不允许出示的证据 inadmissible evidence15.举证完毕 rest16.指令裁定（法官指令陪审团作出的裁定） directed verdict17.否决，驳回 overrule18.（法官）对陪审团的指导 jury instruction/jury charge/charge to the jury19.结案辩论 final argument20.判决某人胜诉 to enter a judgment for sb.21.判决某人败诉 to enter a judgment against sb.22.举证责任 burden of proof23.有分量的证据，占优势的证据 preponderance of the evidence24.退庭 retire25.（陪审团）未能达到足够多数人赞同的，未能做出决定的 hung26.法官推翻陪审团才定的判决 judgment notwithstanding the verdict(judgmentn.o.v)27.达成裁定 reach verdict第六课上诉和执行1.执行 enforcement2.复审 review3.中级法院 intermediate court4.初审法院 trial court5.下级法院 lower court6.斟酌，自由裁量 discretion7.由……斟酌决定，由…..自由裁量 at the discretion of8.推翻原判，逆转 reverse9.维持原判，确认，确信 affirm10.认定事实 determination in question11.上诉担保书 appeal bond12.抄本，复本，文字记录 transcript13.命令 decree14.(不服下级法官判决)进行上诉 to appeal from (a decision of a lower court)15.口头辩论 oral argument16.判决（意见）书 opinion17.败诉方 losing party18.债权人 creditor19.重新审理 rehear20.执行令 writ of execution21.行政司法长官，县治安官 sheriff22.发回重审 remand23.动产 personal property24.判决债务人 judgment debtor25.收益 proceeds26.不动产 real estate/real property27.未清偿判决债务由司法行政官主持的拍卖 judicial sale28.留置权，扣留权 lien29.对…..有司法留置权 to have a judicial lien on30.留置，扣押（动词） garnish31.留置，扣押（名词） garnishment32.扣押（动词） attach33.扣押（名词） attachment。

董事；经理指挥公司业务，构成董事会，为公司决策机构board of directors 主管；指导者；管理者 officer代理人；代表，尤用于公司法中授权授权委托书；代理委托书n.股东；股票持有人 share:股份份额liability"1.责任:the state of being legally obliged and responsible2.债务an obligation to pay money to another party3.不利因素the quality of being something that holds you back"insolvent1.破产者；无力偿还者:someone who has insufficient assets to cover their debts 2.破产的；无力偿还的unable to meet or discharge financial obligationscreditor"1.债权人，贷方:a person to whom money is owed by a debtor; someone to whom an obligation exists"shareholder 1.股东a person who owns shares in a companypierce the corporate veil1.揭开公司面纱：a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholderspromissory estoppel 1.允诺后不得否认的原则 a doctrine that prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise.detriment"1. 损害,伤害a damage or loss"promisee1.受约人，承诺人a person to whom a promise is madepardon"1. 原谅the act of excusing a mistake or offense 2.赦免be officially allowed to go free and are not punished"commute1.通勤a regular journey of some distance to and from your place of work 2.减刑change a penalty for a less severe one 3.代偿exchange or replace with another, usually of the same kind or categoryrepeal 1. 废除an official or legal cancellationStatute of Frauds 1.反欺诈法an act for prevention of frauds and perjuriesabolition1 废除,废止.the act of abolishing a system or practice or institutioninvoluntary manslaughter 1.过失杀人罪the unlawful killing of a human being without malice aforethought, either express or impliedintoxicated 1.喝醉的stupefied or excited by a chemical substance (especially alcohol) secular"1.世俗的，非宗教的have no connection with religion 2.(对宗教家而言的) 俗人someone who is not a clergyman or a professional person"legal representative 1.法定代表人a personal representative with legal standing auditor"1.审计员a qualified accountant who inspects the accounting records and practices ofa business or other organization2.旁听生a student who attends a course but does not take it for credit3.听者someone wholistens attentively"The Bill of Rights 1.a document, frequently but not essentially, of high standing in CONSTITUTIONAL LAW, which sets out protections for the citizen, usually from the state itself.2.In the UK, an Act of the English parliament in 1689 on the assumption of the throne by William and Mary.3.In the UK, an Act of the English parliament in 1689 on the assumption of the throne by William and Mary.。