法律英语课件 (11)

法律英语（Legal English）（第二版）法律出版社，2003年•北京何家弘Lesson One Legal System1. 公诉制度 public prosecution2. 普通法系 common law legal system3. 判例法case law4. 成文法（制定法） written law (statutory law)5. 遵从前例 stare decisis6. 判例汇编 reports7. 有约束力的法律解释binding interpretation8. 法学方法论 legal methodology9. 颁布•••为法律be decreed10. 巡回法官itinerant judges11. 英国皇家法院 English Royal Court12. 令状，法院令状writ13. 诉讼请求的强制执行 enforcement of a claim14. 追诉权 recourse15. 牛津条例Provision of Oxford16. 本案令状writ upon the case17. 诉讼行为forms of action18. 衡平法 equity law19. 公平且善良 ex aequo bono20. 特定履行（实际履行）方式之救济relief in the form of specific performance21. 大法官法院 Court of Chancery22. 补偿性损害赔偿金 compensatory damages23. 强制令the injunction24. 衡平法准则 maxims of equity law25. 法律概念 legal concept26. 不动产real property/ real estate/ immovable property/ realty27. 民事诉讼 civil suit28. 衡平法院 Chancery Court29. 财产法上的所有权分割 division of title in the law of property30. 先例 precedents31. 普通法系the Common Law Legal Family/ the English Law Legal Family/ the English-American Law Legal Family32. 大陆法系 the Roman Law Legal Family/ the Civil Law Legal Family/ the Continental Law Legal Family33. 五月花号公约the Mayflower Compact34. 制宪会议 the Constitutional ConventionLesson Two Legal Profession1. 法律职业/律师职业 the bar法官职业 the bench2. 律师协会 The Bar Association3. （律师）执业 practice law4. 执业律师 practicing lawyer5. 出庭辩护/代理诉讼 advocacy6. 法律咨询 counseling7. 法律文件的起草 drafting of legal instruments8. 法律文件 legal instruments9. 单独执业者single/individual practitioner10. 合伙关系 partnership11. 薪水律师 salaried lawyer12. 律师业务 law practice13. 专职法律顾问 house counsel/corporate counsel（公司或团体法律顾问）14．辩护人/律师 advocate15. 私人开业 private practice16. 州检察官/律师 state prosecutor/state attorney17. 地区检察官/律师 district attorney18. 起诉检察官/公诉律师 prosecuting attorney19. 检察系统prosecutorial system20. 联邦检察官 federal prosecutor21. 地方检察官 local prosecutor22. 助理检察官 assistant prosecutor23. 检察行业prosecutorial profession24. 个人尊严 the integrity of the individual25. 机会均等equality of opportunity26. 职业道德规范 ethics codes27. 听证会hearings28. 社区法律服务community legal services29. 单人开业 solo practice30. 律师/法律工作者（美国）attorney/attorney-at-law/counsellor/counsellor-at-law31. 律师（英国）barrister/solicitorLesson Three Legal Education1. 法律博士 Juris Doctor(JD)我国现称“法律硕士”并有新名“Juris Master(JM)2. 法学硕士 Master of Laws(LLM)3. 法学博士 Doctor of Juridical Science(SJD)4. 法律文书写作 legal writing5. 批评性思维 critical thinking6. 案例教学法 case method7. 苏格拉底式教学法 socratic method8. 讲演式教学法lecture method9. 美国律师协会认可的法学院 ABA accredited law schools10. 案情摘要briefs11. 模拟法庭 moot court12. 模拟审判 mock trial13. 课程指南 curriculum guide14. 刑事司法 criminal justice15. 自由资本主义laissez faire/lesei’ feə/Lesson Four Judicial System1. 联邦法院federal courts2. 联邦法院的组成：联邦最高法院the Supreme Court13个联邦上诉法院 Courts of Appeals95个联邦地区法院 District Courts此外还有：索赔法院 the Court of Claims关税法院 the Customs Court关税及专利上诉法院the Court of Customs and Patent Appeals等联邦特别法院 special courts3. 各州法院系统一般包括三级法院：基层法院多称为审判法院 Trial Court或巡回法院 Circuit Court中级法院多称为上诉法院 Appellate Court or Court of Appeals高级法院多称为最高法院 Supreme Court许多州也有一些专门法院：遗嘱检验法院 Probate Court青少年法院 Juvenile Court家庭关系法院 Court of Domestic Relations小额索赔法院 Small Claims Court4．联邦和州最高法院法官称为大法官 Justice上诉法院和审判法院的法官则称为法官 Judge有些基层法院的审判人员还称为治安法官 Justice of the Peace或司法官 Magistrate5. 美国联邦最高法院首席大法官 Chief Justice其他8人称大法官 Associate Justice6. 巡回法官Circuit Judge7. 合议庭Collegiate Panel/Collegiate Bench8. 诉讼当事人 litigant9. 司法管辖区 judicial district10. 案件数量caseload11. 联邦巡回法院 the Federal Circuit12. 复审案件 review a case13. 复查判决 review a decision14. 特别法庭 tribunals15. 死刑 capital punishment/death penalty16. 调案复审令writ of certiorari17. 具有开业律师资格be admitted to practice law18. 职业法官 career judiciary19. 民众选举 popular vote20. 现任法官 sitting judges21. 严重不端行为 gross misconduct22. 正式诉讼 formal proceedings23. 负民事责任incur civil liability24. 美国律师协会的“法官行为准则”The American Bar Association’s Code of Judical Conduct25. 私人开业律师 private practitioner26. 重罪felony27. 轻罪misdemeaner28. 审查案件的事实并作出判决 review the facts of a case and render a disposition29. 终审法院 court of last resort30. 司法巡回区judicial circuit31. 保释金 bond32. 预审听证 preliminary hearings33. 杀人 homicide34. 强奸 sexual assault35. 累犯 repeat offenders36. 惯犯 habitual offenders37. 驳回上诉 deny the petition for appeals38. 发回重审remand the case back to the lower court for reconsideration39.行使广泛的自由裁量权 exercise wide discretion overLesson Five Constitution1. 法律分类 classification of law2. 普通法Common Law衡平法 Equity3. 实体法 substantive law程序法 procedural law4. 公法public law私法private law5. 联邦条例 Articles of Confederation and Perpetual Union(1977年，美国联邦会议通过，美国最早的宪法性法律文件)6. 宪法修正条款amendments7. 人权法案 the Bill of Rights（美国1787宪法前十条修正条款的合称）8. 宪法至上原则 doctrine of constitution supremacy9. 基本法 fundamental law10. 通过投票选举来表示其意思 express their will through the ballot box11. 严重不法行为 extreme misconduct12. 渎职行为 malfeasance13. 弹劾程序 process of impeachment14. 第二条第四款 article II, section415. 弹劾案 bill of impreachment16. 众议院 House of Representatives17. 参议院 Senate18. 严厉措施 drastic measure19. 众议院司法委员会House Judiciary Committee20. 生效 enter into force21. 无效 have no force22. 司法解释 judicial interpretation23. 叁权分立 separation of powers24. 制衡原则 checks and balance25. 滥用职权 excesses26. 行政法令合条例 executive acts and regulations27. 马伯里诉麦迪逊案 case of Marbury vs Madison28. 司法审查原则the doctrine of judicial review29. 合宪性 constitutionality30. 酸度测试/严格检验 acid test31. 否决 veto32. 特赦grant pardons for33. 拨款 appropriate funds for34. （法规、条约等的）序言、导言preamble35. 联邦条例 Articles of Confederation36. 权力的滥用 excessive power37. 英国普通法中的“自然正义原则”principles of “Natural Justice” under British Common Law。

RULES FOR ANY MODE OR MODES OF TRANSPORTEX WORKSEXW (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The rule should be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary. A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must provide the buyer, at the buyer’s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer’s request, risk and expense, any information in the possession of the seller that is required for the security clearance of the goods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed date or within theagreed period.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described inB5.A6 Allocation of costsThe seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyerThe seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery documentThe seller has no obligation to the buyer.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, then thebuyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as thecontract goods.B6 Allocation of costsThe buyer must:a) pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export; andd) reimburse all costs and charges incurred by the seller in providing assistance as envisaged in A2.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of deliveryThe buyer must provide the seller with appropriate evidence of having taken delivery.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, and counting) that are necessary for the purpose of delivering the goods in accordance with A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.Free CarrierFCA (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. “Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point. If the parties intend to deliver the goods at the seller’s premises, they should identify the address of those premises as the named place of delivery. If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalitiesWhere applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of thegoods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage. However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to thecontrary in due time, the seller may contract for carriage on usual terms at the buyer’s risk and expense. In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk, and expense (if any), with information thatthe buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.Delivery is completed:a) If the named place is the seller’s premises, when the goods have been loaded on the means of transport provided by the buyer.b) In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller’s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d) within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer must contract at its own expense for the carriage of the goods from the named place of。

Lesson One Modern Legal Education1 French lawyers are trained in universities, and English barristers, on the other hand, enter the profession as members of one of four Inns of Court, which are combinations of a law school and professional organization法国律师是在大学里培养出来的，而英国的大律师是作为四大律师学院之一的成员进入律师这一行的，这些律师学院是由法学院和专业组织组成的。

2 Today, American legal education is almost uniformly postgraduate professional education at a formal law school, usually affiliated with a university. And a degree from an ap proved law school is common requirement for admission to the bar, although the apprenticeship route is still open, theoretically, in a number of states.今天，美国的法律教育几乎统一都是在正式的法学院进行大学后职业教育，这所法学院通常隶属于一个大学。

得到经美国律师协会批准的法学院的学位是进入律师行业的通常要求，尽管在理论上许多州仍允许存在经过学徒期成为律师这样的路径3 State university law school tend to concentrate on thetraditional law courses: contracts, torts, constitutional law, procedure, property, wills, trust and estates, corporation, partnerships, agency, international law, maritime law, labor law, administrative law.州立大学法学院往往注重传统课程：合同法，宪法，程序法，财产，遗嘱，信托和财产，公司，合伙，代理，国际法，海商法，劳动法，行政法。