2023年12月28日发(作者:山大校训)
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Book 1, unit 1
Reading: Bodies of law
common law
civil law
criminal law
codify
code
disputes
Types of law
习惯法,普通法,判例法 bad on customs
成文法,大陆法,民法
刑法 deal with crimes
编纂
法典
争执,纠纷
议案;法案。a formal statement of a propod new law that is
discusd and then voted on
规章 carry out the intent of the law
(地方)条例 enacted by a town,city or country government
指令 (如:欧盟指令) establish policies
成文法 formal written law
规章、条例
bill
regulation
ordinance
directive
statutes
provision
article
chapter
clau
Speaking1 : Explaining what a
law says
stipulate
provide
规定
语气弱于stipulates
specify
Types of courts
appellate court
crown court
high court
supreme court
juvenile court
lower court
magistrates’ court
moot court
small—claims court
tribunal
明确规定
受理上诉法院 review cas heard in a lower court
刑事法庭 hear rious criminal cas
高等法院 the highest court in a jurisdiction
最高法院
青少年法庭 try a person under the age of 18
下级法庭 hear a ca for the first time
地方法院,地方治安法庭 small crimes are tried in the UK
模拟法庭 students argue hypothetical cas
小额补偿诉讼法院 limit amount of money
特别法庭,专门法庭 legal problems of a particular type
Speaking2: Civil court systems
专家证人 a person who has specialid knowledge of a
particular subject
上诉人 appeals a decision to a higher court
诉讼律师 plead cas in court
expert witness
appellant
advocate
Listening: Documents in court
affidavit
injunction
writ
pleading
client
法庭宣誓, 口供 swear officially to tell the truth
禁令 stop sb doing something
传票 involved sb in a legal process
诉讼;诉讼文件 t forth the cau of action
诉讼当事人, 委托人
Book 1,Unit 2
Reading: Legaleducation - a
call to the Bar
1.大律师职业(可出席高等法庭)(尤指资格)the profession of
barrister 2。律师职业 the profession of any kind of lawyer
取消(某人)的律师资格 to stop a lawyer from working in the
the Bar
disbar legal profession,especially becau he or she has done sth
illegal
LLB
vocational
Legum Baccalaureus法学学士
职业的,职业技术的
大律师,出庭律师,辩护律师(在英国有资格出席上级法庭进行辩barrister 护) a lawyer in Britain who has the right to argue cas in
the higher courts of law
律师学院(尤指英国伦敦四个培养律师的组织)(in England) the
four private unincorporated societies in London that
Inns of Court function as a law school and have the exclusive privilege of
calling candidates to the English are Lincoln’s Inn,Inner Temple,Middle Temple。Gray’s Inn
Bar Vocational Cour
call to the bar
法律职业课程
获得律师资格 allowed to work as a qualified barrister
1。大律师见习期 a period during which a lawyer trains to
become a barrister by studying with a qualified barrir 2。pupillage 大律师实习制度 3。学生时期(尤指接受某人教育) a period
during which you are a student,especially when you are being
taught by a particular person
1.学徒期 a period of time working as an apprentice 2.学徒工作 a job as an apprentice
大律师事务所
1.事务律师,诉状律师(代拟法律文书、提供法律咨询等的一般辩护律师)a lawyer who prepares legal documents, for example
apprenticeship
barristers' chambers
solicitor
for the sale of land or buildings,advis people on legal
matters,and can speak for them in some courts of law 2。推销员 a person who job is to visit or telephone people and
try to ll them sth 3。(城镇或政府部门负责法律事务的)法务官 the most nior legal officer of a city,town or
government department
Legal Practice Cour(LPC) 法律实践课程
trainee solicitor
law school
实习律师
法学院
法律博士(美)基础的法律学位,专供非法学毕业的本科毕业生修juris doctor(J.D)
读,毕业生可以申请入读专业法律证书(P。C。LL.)以图取得香港律师资格,香港中文大学和香港城市大学均设有此课程,2009年起香港大学亦开办此课程.
律师资格考试 in the USA,an important test taken by law—bar examination school graduates which,when pasd,qualifies a person to
practi law
1。联络;联系 a relationship between two organizations or
liaison different departments in an organization,involving the
exchange of information or ideas 2.联络员;联系人
1。法律顾问;律师 a lawyer or group of lawyers reprenting
counl sb in court 2。劝告,建议 advice,especially given by older
people or experts
Listening
Associate
Full Partner
Paralegal
Real Property
Salaried Partner
合伙人,同事,朋友 2。准会员 adj。合伙的,共事的,有关连的
(法律)无限责任合伙人
n.法律事务助理 adj。辅助律师业务的
n.不动产,房地产
(法律)受薪合伙人
litigation
n.诉讼;打官司the process of making or defending a claim in
a court of law
n.从业人员(尤指医学或法律界的)a person who works in a
practitioner profession;n习艺者,专门人才a person who regularly does a
particular activity,especially one that requires skill
n。交易,业务,买卖a piece of business that is done between
transaction people,especially an act of buying or lling ; n。办理,处理the process of doing sth
商标a name,symbol or design that a company us for its
trade—mark
products and that cannot be ud by anyone el;n.特征,标记a special way of behaving or dressing that is typical of
ab and that makes them easily recognized
侵犯权益to limit ab's legal rightsn.触犯法规to break a law
or rule ;
n。房东,地主a man from whom you rent a room,a hou,etc;n.店主,老板a man who owns or manages a pub or a guest hou
n.房客,租户,佃户a person who pays rent for the u of a
infringement
landlord
tenant room,building,land etc;v.(作为租赁者)居住,工作to live
or work in a place as a tenant
Language Focus
出庭律师a lawyerwho is admitted to plead at the bar and argue
cas in superior courts。
1.代理人,法律事务代理人 a legal agent 2. 律师 a lawyer
法律顾问 lawyer suppling advices for corparaton
1.事务律师(英)lawyer who consults with clients and prepare
barrister
attorney
in-hou counl
solicitor documents but is not heard in High Court2.(美)首席法务官main legal officel of the government
corporate lawyer
defence laywer
法务Setting up a business venture for the company
辩护律师 a lawyer of a defendant
government lawyer 政府律师 lawyer work for government
专利律师 a lawyer who drafts and procutes patent
patent lawyer applications and reprents inventors in infringement suits
and interference hearings
tax lawyer
trial lawyer
Unit 3
Reading: Introduction to
constitutional law
US Constitution
税务律师 lawyer helping with tax issues
出庭辩护律师 defence for the defendant on the court
美国宪法
1.(报纸、杂志的)文章a piece of writing;2.物品;物件object;3。正品;真货the genuine article;4。(契约、文件的)条款、条文、项目a ction of a formal agreement or document;5.见习契约Someone who is in articles is being trained as a
lawyer or accountant by a firm with whom they have a written
agreement;6.冠词
1.(法令或法规的)修正条款,修正案a ction that is added to
article
amendment a law or rule in order to change it;2。修改,修订a change
is made to a piece of writing。
bill of rights 权利法案
司法审查、复审review by a court of law of actions of a
judicial review
government official or entity or of so me other legally
appointed person or body or the review by an appellate court
of the decision of a trial court
正当程序,正当法律程序,法定诉讼程序the administration of
justice according to establish rules and principles
政权分离
(中央及地方的)分权
due process
paration of powers
division of powers
checks and balances
limited government
(政府机关彼此之间的)相互制衡
有限政府
1.来源;产地;2.寻找(产品或货源的)货源;3.消息来源;消息人士;(论文中引文的)出处、原始资料 a person or book that
source provides information for a news story or for a piece of
rearch.4.(困难的)根源、原因 a difficulty’s cau。5.(河流的)源头
前例、先例 If there is a precedent for an action or event,
precedent it has happended before, and this can be regarded as an
argument for doing it again
1.重要问题;议题;争论的问题 an important subject;2。首要事项;要点;问题的要害;3.(报刊的)期,号,版次the version
of magazine or newspaper;4.发表,发布。make a statement or
a warning known formally or publicly;5。向...颁发;(正式)发给;6。(液体声音气味)流出、发出、冒出issues from=comes
out of 7.争论中的,讨论中的at issus=being argued about;8。使。。.引起关注;在。..上跳起争论make an issue of something;9.不同意;对。.。持争议take issue with someone or
something=disagree with them;10.在.。。方面有困难have issues
with=have problems connected with
issue
state constitution
mundane subjects
Key terms:Principles of the
constitutional law(BY 陈宁怡2012301180)
州宪法
平凡的人
1。分权。即将政府机构一分为三:立法、行政和司法。每一个分支都有特定的职责范围,任何其他分支不得侵犯. 2.分权与制衡原 paration of powers 则。美国宪法所确立的一项原则。依布兰迪斯(Brandeis)大法官所言,这一原则在1787年制宪会议上采纳,其目的不在于提高政府效率,而在于保护人民免受暴政或独裁专制之苦。
division of powers 〈美>(联邦宪法规定的联邦和州之间的政府权力划分);分权
制衡原则;制约与平衡原则。之每一政府部门皆具有对抗其他任何部门行为的能力,从而不致出现任何单一部门操纵整个政府的权力checks and balances 和职能的理论。如在美国,行政部门可通过行使否决权[veto
power]制约立法机关;而只要达到充分多数,立法机关则可推翻任一否决。
limited government
Unit 4
legal entity
有限政府
Company Law
法律实体
法人Legal persons are of two kinds: natural persons –
people – and juridical persons– groups of people, such as
legal person
corporations, which are treated by law as if they were
persons. While people acquire legal personhood when they are
born, judicial persons do so when they are incorporated in
accordance with law.
法律责任 The legal bound obligation to pay law, a
personal liability
person is legally liable when they are financially and
legally responsible for something..
公司屏障(保护持股人免受独家业主造成的企业破产所带来的损失) Its purpo lies in the fact that under the special
corporate veil
circumstance of law, the creditor can investigate control
shareholder's legal liabilities through the“corporate
veil"to make creditor gain more forceful protection。
公司注册证书[登记执照],a signed statement by the Registrar
of Companies that a company is duly incorporated
董事会A board of directors is a body of elected or appointed
members who jointly overe the activities of a company or
board of directors
organization. Other names include board of governors, board
of managers, board of regents, board of trustees, and board
of visitors. It is often simply referred to as "the board".
memorandum of association
公司章程A legal document tting up a corporation - either
with or without limited liability — and including the
certificate of incorporation
company's name, purpo, and duration.
谨慎责任a requirement that a person act toward others and
the public with watchfulness, attention, caution and
duty of care
prudence that a reasonable person in the circumstances would。
If a person's actions do not meet this standard of care, then
the acts are considered negligent, and any damages resulting
may be claimed in a lawsuit for negligence。
成立公司 Company formation is the term for the process of
incorporation of a business in the UK。 It is also sometimes
referred to as company registration. The terms are both
company formation
also ud when incorporating a business in the Republic of
Ireland. Under UK company law and most international law a
company or corporation is considered to be an entity that is
parate from the people who own or operate the company.
bonus 奖金 A premium paid in addition to what is due or expected
清偿; 结算; 清算;1. The act of determining by agreement
or by litigation the exact amount of something (as a debt or
liquidation damages) that before was uncertain. 2. The act of ttling
a debt by payment or other satisfaction。 3。 The act or
process of converting asts into cash, esp. to ttle debts。
legal entity 法律实体
公司注册证[登记执照],法人认可证,公司章程;
A certificate of incorporation is a legal document relating
certificate of incorporation to the formation of a company or corporation. It is a licen
to form a corporation issued by state government. Its preci
meaning depends upon the legal system in which it is ud.
法定形式
statutory form
As for the application materials that are complete and
consistent with the statutory forms or that have been
supplemented by the applicant in light of the relevant
requirements, it shall acceptthem.
memorandum of association
公司章程,公会规约; The memorandum of association of a
company, often simply called the memorandum (and then often
capitalid as an abbreviation for the official name, which
is a proper noun and usually includes other words), is the
document that governs the relationship between the company
and the outside. It is one of the documents required to
incorporate a company in the United Kingdom, Ireland, India,
Bangladesh, Pakistan and Sri Lanka, and is also ud in many
of the common law jurisdictions of the Commonwealth。
authorized capital
法定资本,额定资本,认可资本;
nominal capital
名义资本
The par value of shares of stock a corporation has issued。
公司章程[执照];
In corporate governance, a company's articles of association
is a document which, along with the memorandum of association
articles of association
form the company's constitution, defines the
responsibilities of the directors, the kind of business to
be undertaken, and the means by which the shareholders exert
control over the board of directors.
内部规章制度,次要法规,(社、团制定的)规章制度;
bylaw
The official rules and regulations which govern a
corporation's management。 Drawn up at the time of
incorporation, along with the charter。
特别大会
An extraordinary general meeting, commonly abbreviated as
EGM, is a meeting of members of an organisation, shareholders
of a company, or employees of an official body, which occurs
at an irregular time。 The term is usually ud where the group
would ordinarily hold an annual general meeting (AGM), but
extraordinary gengral meeting
where an issue aris which requires the input of the entire
membership and is too rious or urgent to wait until the next
AGM. Members and/or shareholders must be informed of the
purpo of the EGM so that they may attend in a position where
they can discuss and exerci intelligent judgment,
otherwi any resolutions pasd are invalid。
年度(股东)大会,周年股东大会An annual general meeting
(commonly abbreviated as AGM, also known as the annual
meeting) is a meeting that official bodies, and associations
involving the general public (including companies with
shareholders), are often required by law (or the
constitution, charter, by—laws etc。 governing the body)
annual general meeting (AGM) to hold。 An AGM is held every year to elect the board of
directors and inform their members of previous and future
activities. It is an opportunity for the shareholders and
partners to receive copies of the company's accounts as well
as reviewing fiscal information for the past year and asking
any questions regarding the directions the business will take
in the future.
董事会
board of director
A board of directors is a body of elected or appointed members
who jointly overe the activities of a company or
organization.
duty of care
fiduciary duty
conflict of interest
balance sheet
profit—and—loss account
bonus issue
capitalisation issue
liquidation
auditor
director
注意义务
诚信义务
利益冲突
资产负债表
损益类账户
红股,或bonus share
资本化发行
清算
审计员
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
liquidator
n。清算人;清算事务管理人,亦称receiver
managing director
总经理,常务董事 someone who controls resources and
expenditures
①促进者;倡导者;推动者 ②(公司等的)发起人,创办人 ③promote 推销商 ④(议案的)提出者,提案人 ⑤(古)刑事诉讼告发人
⑥(英)教会案件的上诉人
代理人;代表,尤用于公司法中
委托书
①涉讼财产管理人 ②破产财产管理人 ③〈英〉接受赃物者 ④〈英〉精神错乱的看管人
n.股东;股票持有人 share:股份 份额
CONTRACT LAW:Contract Formation
n。提前到期,加速到期Clau in a contract requiring the
obligor to pay all or a part of a payable amount sooner than
as agreed upon the occurrence of some event or
circumstance stated in the contract, usually failure to make
payment。
proxy
授权 授权委托书;代理receiver
shareholder
UNIT 7
acceleration
提前收益,提前批准
n.(财产的)转让,让与Clau prohibiting or permitting
assignment
assignment under certain conditions.
n.让与证书、委托证书 n。(转让的)财产、权力等 v。转让
n.保密条款,机密,机密性Clau concerning the treating of
information as private and not for distribution beyond
confidentiality
specifically identified individuals or organizations, nor ud
other than for specifically identified purpos.
n.可以信赖的品质,受到信任的能力
n。对价,约因Clau expressing the cau, motive, price
consideration
or impelling motive which induces one party to enter into an
agreement。
n.考虑,体贴
Force Majeure
n。不可抗力Clau designed to protect against failures to
perform contractual obligations caud by unavoidable
events beyond the party's control, such as natural disasters
or wars。
n。约定违约金,约定违约赔偿金Clau referring to an
Liquidated Damages
amount predetermined by the parties as the total amount of
compensation a non-breaching party should receive if the
other party breaches a part of the contract。
n。完整条款Clau stating that the written terms of an
Entire Agreement
agreement may not be varied by prior or oral agreements
becau all such agreements have been consolidated into
the written document。
n。(合同的)可分性Clau providing that, in the event that
verability
one or more provisions of the agreement are declared
unenforceable, the balance of the agreement remains in
force.
Termination
n.
结束
结局
终点Clau outlining when and under which
circumstances the contract may be determined.
n.诉讼费的缴纳Clau tting out which party is responsible
Payment of Costs
for payment of costs related to the preparation of the
agreement and ancillary documents。
Express contract
n.明示合同,明约A contract who clau is t clearly by
both parties orally or in written form。
默认契约A contract which is t according to the behavior
n。Implied contract
of two parties and the environment during the formation of
the contract, although there was no obvious words
prented。
防止欺诈法英国1677年通过的一部制定法.该法由诺丁汉n。Statute of fraud
勋爵制定,原名为《Act of the prevention of Frauds and
Perjuries》,立法宗旨是在证据不发达的时代,当事人又无法提供合适证人的情况下,减少合同欺诈。
n.不动产Property consisting of land or buildings。
n。订立,形成The action of forming or process of forming of
a contract
Real property
formation
Third—party beneficiary
contracts
n。第三人受益合同A contract in which the person who get
the benefit or compensation is another person rather than
either part
Assignment of rights
n.权力的转让A clau which regulates the change of the
owner of a particular right
Delegation of duties
n.责任的委托To give certain duty or obligation to someone
el other than two parties of the contract.
delegate
n.代表A person nt or authorized to reprent others。Vt。委任,托付
n.代理人,受托人A person to whom a right or liability is
legally transferred or a person appointed to act for another.
assignee
Illegality of the subject
matter
n。标的物的违法性When either the subject matter(e.g. the
sale of illegal drugs) or the consideration of a contract is
illegal
n。性的欺诈When one party is intentionally misled
Fraud in the inducement
about the terms, quality or other aspect of the
contractual relationship that leads the party to enter into
the transaction。
n.威胁,逼迫When one party induces another into entering
duress into a contact by u or threat of force, violence,
economic pressure or other similar means.
法定能力的缺乏When one party does not have the ability n。Lack of legal capacity to enter into a legal contract, i.e. is not of legal age, is
insane or is a convict or enemy alien。
Reading:Introduction to
contract formation
enforceable
party
offeror
可实施的 something can be enforced
1、当事人one who takes part in a transaction 2、政党,党派one by or against whom a lawsuit is brought
要约人one who makes an offer
accept
offeree
接受,承接agree to take something offered to you
受约人one to whom an offer is made
1、考量something motivates a person to do something 2、consideration
支持be adequate to support the bargained—for exchange
between the parties
gift
1、赠与物the voluntary transfer or property to another
without compensation 2、多次转让物a thing so transferred
捐赠物a gift to charity 2、捐赠行为a method of acquiring 1、benefice by deed of gift alone
反要约put forward disagreement to the offer
1、(合同中)拒绝签约a refusal to accept a contrctual offer
donation
counter offer
rejection 2、拒收a refusal to accept tendered goods as contractal
performance
u be equal to fundamental term
合同必esntial term
备条款a contractual provision that must be included for a
contract to exit and to avoid fraud
price
subject matter
indefinite
Speaking:Negotiating
expressions
价格,价钱the cost at which something is bought or sold
标的物the thing in a contract,which the duty or right has
been asrted
模糊的,不明确的not exact or clear
1.谈判;洽谈;协商;议定 talk about a prlblem or a situation
negotiate
such as a business arrangement in order to solve the
prlblem or complete the arrangement 2。通过谈判(或协商)达成 3。转让;兑现;议付
1。要约;出价
指买方向卖方提出的价格,尤其是拍卖或招标中投bid
标人报出的价格。卖方的要约为“offer”;买方的要约为“bid”。An
offer to pay a particular amount of money for something
that is being sold。2。投标
指人们就按特定价格履行工程合同、
劳动合同或提供原材料及货物合同所发出的要约。公共合同[public contract]一般就从所提出的、相互竞争的多个报价中选择中标者。
bidding pha
招标阶段
委托人
聘请或雇佣律师、会计师、建筑师等专业人士,以获取专client
业建议和帮助的个人或团体 a client of a professional person
or organization is a person or company that receives a
rvice from them in return for payment
Writing:An informative
memo
协议;协定
指两人或多人就其与过去或将来实施行为相关的权利和义务等内容而形成的双方合意[mutual asnt]。该词既可用于指无对价的非正式协议,如君子协议等,也可用于指有对价支持的agreement
合法的正式协议,而合同[contract]一词则仅用于指后者,故凡合同均为协议,但并非每一份协议均为合同 a formal decision
about future action that is made by two or more countries,
groups, or people
1。公民的选举权the right to vote in an election 2。特许;特许权
政府授予个人或团体的做某事的特权,而非公民普遍享有的franchi
权利 3.特许使用权;特许经营权 an authority that is given by
an organization to someone, allowing them to ll its
goods or rvices or to take part in an activity which the
organization controls 4.特许协议 5。特许经营人所经营的业务
1。盖印合同;盖印契约 2.合同;协议a formal written
covenant
agreement between two or more people or groups of
people which is recognized in law 3.违反盖因合同请求赔偿损失之诉 4.盟约;公约;条约;专约
合同;契约a legal agreement, usually between tow
contract companies or between an employer and employee, which
involves doing work for a stated sum of money
同意;赞同;答应;允许;合意
指一个智力正常的人对他人的建connt
议自愿作出理智的选择,即同意的意思表示,并不存在胁迫、欺诈或错误理解等情况 give someone permission to do it, agree
to do it or to allow it to be done
禁制令
法院签发的要求当事人做某事或某行为或者禁止其做某事injunction
或某行为的命令 a court order, usually one telling someone
not to do something
授权;许可;批准 if someone who has authority over you
permission gives you permission to do something, they say that they
will allow you to do it
1.撤走 2.从……取走 3。从银行中提款take money out of a
withdraw bank account 4.从竞争或申请中退出 stop taking part in an
activity or organization
breach
breach of contract
unwarranted
破坏;违犯;违反;不履行;侵害 if you breach an agreement, a
law, or a promi, you break it
合同一方当事人未能履行合同条款、允诺或条件
未担保的;无担保的
1。修改;修订;修正;改正if you amend something that has
amend
been written such as a law, or something that is said, you
change it in order to improve it or make it more accurate
2。改进;改善;改良
enter into 1.加入;(与他人)联合 2.达成(协议);结成(关系)
撤销;解除;废除 if a government or a group of people in
rescind power rescind a law or agreement, they offically
withdraw it and state that it is no longer valid
terminate
结束,终止 end completely
更新;续展;展期;延长(执照、合同的)有效期 when you renew
renew something such as a licence or a contract, you extend the
period of time for which ti ts valid
把……译成密码;加密 if a document or piece of information
encrypt is encrypted, it is written in a special code, so that only
certain people can read it
Translation Skill
法令;规章;成文法 a rule or law which has been made by a
state government or other organization and formally written
down
1。法定的 if an action or procedure is mandatory, people
have to do it, becau it is a rule or a law 2.(刑罚)强制性的 if a crime carries a mandatory punishment, that
punishment is fixed by law for all cas, in contrast to
crimes for which the judge or magistrate has to decide the
punishment for each particular ca
负有责任的 if you are accountable to someone for
mandatory
accountable something that you do, you are responsible for it and
must be prepared to justify your actions to that person
受托人 someone with legal control of money or property
trustee that is kept or invested for another person, company, or
organization
1。掩饰物 you can refer to something that haids or partly
veil hides a situation or activity as a veil 2。面纱 a piece of thin
soft cloth
(法律)1.求助于 if you invoke a law, you state that you are
taking a particular action becau that law allows or tells
invoke you to 2.援引 if you invoke something such as a principle,
a saying, or a famous person, you refer to them in order
to support your argument
强制性的 if something is compulsory, you must do it or
compulsory accept it, becau it is the law or becau someone in a
position of authority says you must
unlawful
Book2 Unit 1
Model Penal Code(MPC)
不合法的if something is un lawful, the law does not allow
you to do it
模范刑法典(美国法律协会制定的一部示范性法律文件)
a statutory text which was developed by the American Law
Institute (ALI) in 1962. The Chief Reporter on the project
was Herbert Wechsler
incarceration 监禁 the act or process of confining someone
重罪 a rious crime usu。 Punishable by
imprisonment for more than one year
轻罪 a crime that is less rious than a felony
misdemeanor
and is usu. punishable by fine,penalty,forfeiture
or confinement in a place other than prison(such
as a county jail)
优势证据 The greater weight of the evidence, not
necessarilyestablished by the greater number of
preponderance of the evidence
witness testifying to a fact but by evidence
that has the most convincing force。
严格责任的犯罪 a crime that does not require a
strict-liability crime
mens rea element,such as traffic offens and
illegal sales of intoxicating liquor
犯罪行为 【Law Latin "guilty act”】the wrongful
actus reus
deed that compris the physical components of a
crime and that generally must be coupled with mens rea to
establish criminal ability
犯意 【Law Latin”guilty mind"】the state of mind
mens rea
that the procution,to cure a conviction, must prove that
a defendant had when committing a crime
疏忽,遗漏 the neglect to perform what the law
requires
走路不遵守交通规则 walking across a street outside
jaywalking
of marked cross—walks and not at a corner and/or
against a signal light
小偷小摸 a theft of a small quantity of cash or of
low—value goods or rvices
felony
omission
petty theft
警察圈套(诱捕) a law—enforcement officer's or
government agent’s inducement of a person to
entrapment
commit a crime, by means of fraud or undue persuasion,in an
attempt to later bring a criminal procution against that
person
对抗制 a legal system where two advocates reprent their
adversarial system
parties' positions before an impartial person or group of
people, usually a jury or judge, who attempt to determine
the truth of the ca
inquisitorial system
Listening1 ,speaking and
writing
纠问制
rebuttal
rebut /rɪˈbʌt/ v
to prove that a statement or a charge made against you
is fal
= refute
>rebuttal n [U and C] 辩驳,反驳
n.假释,假释期,假释证
vt。假释
adj。获得假释(者)的,假释的permission for
someone to leave prison, on the condition that they promi
to behave well
on parole 假释 un&v
1.a situation in which there is a lot of angry disagreement
between two people or groups
She had stayed in her room to avoid another confrontation。
confrontation with/between
an ideological confrontation between conrvatives and
liberals
2.a fight or battle
military/violent/armed confrontation
Japan emed unlikely to risk military confrontation with
Russia. 此处取第一个意思,对质
parole
confrontation
medɪteɪtɪd US prɪ-/ adj 预谋的
/priːˈpremeditated
a premeditated crime or attack is planned in advance and done
deliberately
premeditated murder
permission for someone to leave prison, on the condition that
parole they promi to behave well
on parole 假释 un&v
1.a situation in which there is a lot of angry disagreement
between two people or groups
She had stayed in her room to avoid another confrontation.
confrontation with/between
confrontation
an ideological confrontation between conrvatives and
liberals
2.a fight or battle
military/violent/armed confrontation
Japan emed unlikely to risk military confrontation with
Russia。 此处取第一个意思,对质
【SHOOT】 [T] formal 此处作shoot之义
discharge to fire a gun or shoot an arrow etc
A soldier accidentally discharged his weapon。
/priːˈmedɪteɪtɪd US prɪ—/ adj 预谋的
premeditated
a premeditated crime or attack is planned in advance and done
deliberately
premeditated murder
Reading2:parties to a crime
有罪;应受惩处(性)Blameworthiness;应受谴责(性);有责(性)除法定的严格责任的刑事案件外,行为人应受刑事处罚还必须具备法律可能要求的蓄意、明知、放任或过失等主观上的犯罪构成要素
the quality of being in cas of absolute
liability, criminal culpability requires a showing that the
person acted purpoly, knowingly, recklessly, or
negligently with respect to each material element of the
Culpability
offen。
a。1主要的,首要的,最重要的Chief; primary; most important;(地位、级别等)最高的2资本的;本金的;可生息的财产的
n.1首长;负责人;首领;长官;主管人2(中小学)校长;(英)大学校长3本金;资本;可生息的资本(或财产);(股票、债券等的)票面价值4(代理关系中的)本人;委托人;被代理人One who
authorizes another to act on his or her behalf as an agent。5主债务人(=principal debtor)One who has primary
Principal responsibility on an obligation, as oppod to a surety or
indorr6主犯 指实施犯罪行为或在现场帮助或者唆使他人实施犯罪行为的罪犯,与从犯(accessory)相对。One who commits or
participates in a crime7(在具结保释中的)被保释人 8 The
corpus of an estate or trust。 [Cas: Trusts 1. C.J.S。 Trover
and Conversion §§ 1–9, 14–18.] 9 The amount of a debt,
investment, or other fund, not including interest,
earnings, or profits。
n1、附属物;从物 Something of condary or subordinate
importance.
。2、附件;零件 3从犯 帮助实施犯罪行为者.Criminal law。 A
person who aids or contributes in the commission or
concealment of a crime。 •An accessory is usu。 liable only
if the crime is a felony.从犯又分为事前从犯和事后从犯【accessory before the fact】和事后从犯【accessory after the
fact】在美国,大多数州一般只对重罪的从犯追究刑事责任.在英格兰,以前只对重罪的从犯追究刑事责任。在英格兰,以前只在重罪上对主犯和从犯有所区分,但在叛逆罪中,所有的参与者都是主犯.在轻罪中,在重罪中会是事前从犯的被视为主犯;在重罪中会是事后从犯的则不视为犯罪,除非有事实证明构成了实质上的犯罪。1967年《刑法》【criminal law act】颁布后,共同犯罪人一般只划分为主犯和同谋犯。在苏格兰,主犯和从犯的区别,只在于主要参与与辅助参加之分,在刑事责任上没有去别.
Accessory
a。 附属的,从属的,附加的;同谋的
Accessory after the fact:事后从犯 即明知犯罪已经实施,帮助犯罪人逃脱逮捕或惩罚者.在美国,根据的大多数州刑事法律的规定,对于事后从犯作单独处理,有4条要求:①他人已经实施了重罪,而且必须在从犯实施之前已经完成②从犯不能与主犯同罪③从犯必须亲自帮助主犯以避免重罪处罚④从犯的帮助必须具有明知故意《模范刑法典》【Model Penal Code】认为事后从犯其实不Accessory after the fact
是共同犯罪人,按“妨碍审判罪”另行处理。有时缩写为“accessory
after”
Execution
Conspiracy
Acquit
n。处死刑,处决,死刑,执行,行刑
n。共谋,串通
v。无罪释放
n。罪犯
Convict
Listening2:
izure
curtail
formulate
vt.宣告⋯⋯有罪
n。扣押,抢夺
vt.剥夺⋯⋯特权等,缩减
vt。制定
n.怀疑,嫌疑
suspicion
detention
vt.怀疑
n。拘押,羁押,扣押
exclude
intervene
vt。排除
vt.干涉,介入,调停
n。根据,证据,委任状,正当理由
vt。保证,担保,批准
warrant
disarm
custody
proposition
criminal trespass
vt.消除⋯⋯的怀疑
n。保管,监护,拘留,抚养权
n.主张
非法侵入他人土地房屋罪
1.传闻证据 Testimony that is given by a witness who relates
hearsay
to what others have said。 2.非直接证据 In federal law, a
statement offered in evidence to prove the truth of the matter
asrted;condhand evidence.
1。保持,维持,使持续不断: To support or maintain, esp. over
a long period 。2。给…以力量(或勇气、信心等),鼓励,使振作 To nourish and encourage; lend strength to 。3. 蒙受,sustain
遭受(损失等):To undergo; suffer 。4.确认,认可;(法院)确认…正当(或正确);准许: (Of a court) to uphold or rule
in favor of 。5。 证实To substantiate or corroborate 。6。支援;救济 To persist in making (an effort) over a long
period 。
1。驳回,批驳;拒绝 To rule against; to reject .2. 宣布…overrule
无效(Of a court) to overturn or t aside (a precedent) by
expressly deciding that it should no longer be controlling
law .
n。盘诘;反复询问The questioning of a witness at a trial or
cross-examine hearing by the party oppodto the party who called the
witness to testify。Also termed cross-interrogation
1、受托人,one having legal title to property holds it in trust
trustee
for the benefit of another and owes a duty to that beneficiary
2、破产管理人,a person to administer the bankruptcy estate
during a bankruptcy ca
Language Focus
n杀人The killing of one person by another 指一人导致或促使他人死亡的一般用语。该词是中性词,只描述客观行为,而对其道德或法律性质并没有做出判断。杀人并不必然构成犯罪,在依法执行死刑、自卫以及作为追捕逃犯的唯一可能手段时,杀人则是合法的。但如果一人蓄意、明知、轻率或疏忽致使他人死亡的,该人Homicide 则犯有杀人罪.英美普通法和制定法都把杀人分为谋杀【murder】和非预谋杀人【manslaughter】.在苏格兰,杀人分为有罪杀人【cuplable homicide】、正当杀人【justifiabe homicide】以及意外、疏忽或可宽恕杀人【accidental,negligent,or excusable
homicide】
杀人者,a person who kills another
一级 An incremental measure of guilt or negligence; a level
First-degree
bad on the riousness of an offen.
预谋杀人 Done with willful deliberation and planning;
consciously
Premeditated murder
considered beforehand
重罪谋杀 Murder that occurs during the commission of a
dangerous felony (often
limited to rape, kidnapping, robbery, burglary, and
Felony-murder
arson)。
<美〉:二级谋杀罪 Murder that is not aggravated by any of the
circumstances of first-degree murder 大多数州把谋杀罪分为两级,个别州不分等级或分为三级。凡对谋杀罪划分为两个等级的刑法,二级谋杀罪的范围就是“除一级谋杀罪以外的其他谋杀罪。具体包括:①无预谋目的的谋杀②全部故意重伤谋杀,不论故意重伤是否有预谋③全部极端轻率谋杀④一级谋杀罪列举的重罪以外的重罪-谋杀。对二级谋杀罪通常处以终身监禁(=murder in the
Second-degree murder
cond degree)
非预谋故意杀人 激情杀人是非预谋故意杀人的典型形式,即被告Voluntary manslaughter
人因受到强烈的刺激,致使其在盛怒心理下实施的故意杀人行为.
过失杀人罪 Homicide in which there is no intention to kill
or do grievous
involuntary manslaughter bodily harm, but that is committed with criminal negligence
or during the commission of a crime
not included within the felony-murder rule。
非预谋杀人罪The unlawful killing of a human being without
manslaughter malice aforethought。 - Also
termed (in some jurisdictions) culpable homicide
贿赂罪n. The corrupt payment, receipt, or solicitation of
bribery a private favor for official action。 •
Bribery is a felony in most jurisdictions.
欧击罪 ;(侵权法)非法侵犯al law。 The u of force
battery against another, resulting in harmful or offensive
contact。
xual assault 性侵犯1。ASSAULT。 .
1、抢劫、抢掠 The illegal taking of property from the person
robbery
of another, or in the person'sprence, by violence or
intimidation;2、加重的盗窃罪 aggravated larceny。Also termed
(in Latin) crimen roberiae.
干涉司法程序 Obstructing rvice of process, to interfere
with the rvice of a court-authorized document, civil or
criminal, such as a summons or a subpoena。
1. 威胁;威逼(做某事):the act of intimidating a weaker person
to make them do something 2。威胁 the feeling of
discouragement in the face of someone’s superior fame or
intimidation wealth or status etc。3。 恐吓the feeling of being
intimidated; being made to feel afraid or timid 4。威胁;威逼(不做某事) a communication that makes you afraid to try
something
1。伤害罪clo fighting during the culmination of a military
attack。2。侵犯人身,(尤指未遂的)殴打;(用言语等的)威胁,胁assault
迫 a threatened or attempted physical attack by someone who
appears to be able to cau bodily harm if not stopped.3。性侵犯 the crime of forcing a woman to submit to xual
intercour against her will
盗窃;入室抢劫犯 Knowingly entering or remaining in a
burglary building or dwelling, without authority and with intent to
commit any felony or theft therein。
1、非法侵占罪,an unlawful act against the property of
anoother 2、非法侵入罪,an unlawful act against the person
偷窃罪,any act or instance of stealing, including larceny,burglary, embezzlement,and fal pretens
罪,1、将人劫持并运至他国(早期)abducting a person and
kidnapping nding the person to another country 2、以暴力或欺骗的手段劫持他人,izing and taking away a person by force or fraud
1、恶意焚烧他人的住宅或宅第内附属建筑,the malicious burning
arson
of someone el’s dwelling hou or outhou(common law)
2、恶意焚烧自己或他人的财产,the intentional and wrongful
interference in the judical
process
criminal trespass
theft
burning of someone el’s property or one’s own property(modern statutes)
1、许可,特许。a permission 2、许可证,the certificate or
document evidencing such permission
1、特许,许可,the governmental grant of a right 2、特许状,patent 许可证the official document so granting 3、专利权,the right
to exclude others from doing something
1、雇佣,to hire 2、使用,利用,to make u of 3、使用,职employ 业,to u as an agent in transacting business 4、使从事于,to
entrust witn the performance of certain acts
1、出售,出卖,to transfer to another for money or other thing
vend 2、贩卖,叫卖,to make an object of trade by hawking 3、公开陈述,公开出版,to utter publicly or publish broadly
1、租赁合同,a contranct 2、租赁权 a conveyance plus all
lea covenants attached to it 3、租赁物,the real property 4、租赁,租借, behavior
1、同意,允许,an agreement2、让与,the formal transfer of real
grant
property3、财产转让证书,the document by which a transfer is
effected 4、转让的财产或财产权利,the property of property
right so transferred
1、信托,a property interest held by one person at the request
trust of another for the benefit of a third party 2、信托关系,a
relationship 3、信托财产,the property
1、转换,转移,any mode of parting with an ast in an ast
transfer
2、流通,negotiation of an instrument according to the forms
of law 3、转让,a conveyance of property or title from one
person to another
1、合同,an agreement between two or more parties 2、合同书,the writing that ts forth such an agreement
n。 1、宣判The judgment that a court formally pronounces after
ntence
finding a criminal defendant guilty;2、判决 the punishment
impod on a criminal wrongdoer 。 — Also termed judgment
licen
contract
of conviction。
1、违法行为、犯罪An act that the law makes punishable;2、crime
刑事诉讼标的 the breach of a legal duty treated as the
subject matter of a criminal proceeding。 — Also termed
criminal wrong。
n。1、恐吓 The act or process of discouraging certain
deterrence
behavior, particularly by fear; 2、(刑法)威慑力 esp as
a goal of criminal law, the prevention of criminal behavior
by fear of punishment.
n。1、立法者 One who makes laws within a given jurisdiction;
legislators 2、有立法权的主体a member of a legislative body。— Also
termed lawmaker。
刑罚n. A sanction — such as a fine, penalty, confinement,
punishment or loss of property, right,or privilege — assd against
a person who has violated the law.
Book2 Unit 3 Civil Procedural
Law
liability "1。责任:the state of being legally obliged and responsible
2.债务 an obligation to pay money to another party
3.不利因素 the quality of being something that holds you back
”
insolvent 1.破产者;无力偿还者:someone who has insufficient asts to cover their debts 2。破产的;无力偿还的 unable to meet or discharge financial obligations
creditor "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 company
pierce the corporate veil 1.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 shareholders
promissory estoppel
promi。
detriment
"
promie 1.受约人,承诺人 a person to whom a promi is made
pardon ”1. 原谅 the act of excusing a mistake or offen 2。赦免
be officially allowed to go free and are not punished”
commute 1.通勤 a regular journey of some distance to and from your place of work 2。减刑
change a penalty for a less vere one 3.代偿 exchange or replace with another, usually of the
same kind or category
repeal 1. 废除 an official or legal cancellation
”1。 损害,伤害 a damage or loss
1.允诺后不得否认的原则 a doctrine that prevents one party from
withdrawing a promi made to a cond party if the latter has reasonably relied on that
Statute of Frauds 1。反欺诈法an act for prevention of frauds and perjuries
abolition 1 废除,废止。the act of abolishing a system or practice or institution
involuntary manslaughter 1.过失杀人罪 the unlawful killing of a human being without
malice aforethought, either express or implied
intoxicated 1.喝醉的 stupefied or excited by a chemical substance (especially alcohol)
cular ”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 reprentative 1。法定代表人a personal reprentative with legal standing
auditor ”1。审计员a qualified accountant who inspects the accounting records and practices of
a business or other organization
2.旁听生a student who attends a cour but does not take it for credit 3。听者someone who
listens attentively
"
The Bill of Rights 1.a document, frequently but not esntially, of high standing in
CONSTITUTIONAL LAW, which ts out protections for the citizen, usually from the state itlf。
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。
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