2023年12月28日發(fā)(作者:我眼中的項(xiàng)羽)
僅供參考!歡迎參與詞條建設(shè)!
Book 1, unit 1
Reading: Bodies of law
common law
civil law
criminal law
codify
code
disputes
Types of law
bill
regulation
ordinance
directive
statutes
provision
article
chapter
clau
習(xí)慣法,普通法,判例法 bad on customs
成文法,大陸法,民法
刑法 deal with crimes
編纂
法典
爭(zhēng)執(zhí),糾紛
議案;法案.a formal statement of a propod new law that is
discusd and then voted on
規(guī)章 carry out the intent of the law
(地方)條例 enacted by a town,city or country government
指令 (如:歐盟指令) establish policies
成文法 formal written law
規(guī)章、條例
Speaking1 : Explaining what a
law says
stipulate
provide
specify
Types of courts
appellate court
crown court
high court
supreme court
juvenile court
lower court
magistrates' court
moot court
small-claims court
tribunal
規(guī)定
語(yǔ)氣弱于stipulates
明確規(guī)定
受理上訴法院 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
下級(jí)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
模擬法庭 students argue hypothetical cas
小額補(bǔ)償訴訟法院 limit amount of money
特別法庭,專門法庭 legal problems of a particular type
專家證人 a person who has specialid knowledge of a
particular subject
Speaking2: Civil court systems
expert witness
appellant
advocate
affidavit
injunction
writ
pleading
client
Book 1,Unit 2
上訴人 appeals a decision to a higher court
訴訟律師 plead cas in court
法庭宣誓, 口供 swear officially to tell the truth
禁令 stop sb doing something
傳票 involved sb in a legal process
訴訟;訴訟文件 t forth the cau of action
訴訟當(dāng)事人, 委托人
Listening: Documents in court
Reading: Legaleducation - a
call to the Bar
the Bar
1.大律師職業(yè)(可出席高等法庭)(尤指資格)the profession of
barrister 2.律師職業(yè) the profession of any kind of lawyer
取消(某人)的律師資格 to stop a lawyer from working in the
legal profession,especially becau he or she has done sth
illegal
Legum Baccalaureus法學(xué)學(xué)士
職業(yè)的,職業(yè)技術(shù)的
大律師,出庭律師,辯護(hù)律師(在英國(guó)有資格出席上級(jí)法庭進(jìn)行辯護(hù)) a lawyer in Britain who has the right to argue cas in
the higher courts of law
律師學(xué)院(尤指英國(guó)倫敦四個(gè)培養(yǎng)律師的組織)(in England) the
four private unincorporated societies in London that
function as a law school and have the exclusive privilege of
calling candidates to the English are Lincoln's
Inn,Inner Temple,Middle 's Inn
法律職業(yè)課程
獲得律師資格 allowed to work as a qualified barrister
1.大律師見(jiàn)習(xí)期 a period during which a lawyer trains to
become a barrister by studying with a qualified barrir 2.大律師實(shí)習(xí)制度 3.學(xué)生時(shí)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.學(xué)徒期 a period of time working as an apprentice 2.學(xué)徒工作 a job as an apprentice
大律師事務(wù)所
1.事務(wù)律師,訴狀律師(代擬法律文書、提供法律咨詢等的一般辯護(hù)律師)a lawyer who prepares legal documents, for example
for the sale of land or buildings,advis people on legal
matters,and can speak for them in some courts of law 2.推銷員 a person who job is to visit or telephone people and
disbar
LLB
vocational
barrister
Inns of Court
Bar Vocational Cour
call to the bar
pupillage
apprenticeship
barristers' chambers
solicitor
try to ll them sth 3.(城鎮(zhèn)或政府部門負(fù)責(zé)法律事務(wù)的)法務(wù)官 the most nior legal officer of a city,town or
government department
Legal Practice Cour(LPC)
trainee solicitor
law school
法律實(shí)踐課程
實(shí)習(xí)律師
法學(xué)院
法律博士(美)基礎(chǔ)的法律學(xué)位,專供非法學(xué)畢業(yè)的本科畢業(yè)生修讀,畢業(yè)生可以申請(qǐng)入讀專業(yè)法律證書(.)以圖取得香港律師資格,香港中文大學(xué)和香港城市大學(xué)均設(shè)有此課程,2009年起香港大學(xué)亦開辦此課程。
律師資格考試 in the USA,an important test taken by
law-school graduates which,when pasd,qualifies a person to
practi law
1.聯(lián)絡(luò);聯(lián)系 a relationship between two organizations or
different departments in an organization,involving the
exchange of information or ideas 2.聯(lián)絡(luò)員;聯(lián)系人
1.法律顧問(wèn);律師 a lawyer or group of lawyers reprenting
sb in court 2.勸告,建議 advice,especially given by older
people or experts
合伙人,同事,朋友 2.準(zhǔn)會(huì)員 adj.合伙的,共事的,有關(guān)連的
(法律)無(wú)限責(zé)任合伙人
n.法律事務(wù)助理 adj.輔助律師業(yè)務(wù)的
n.不動(dòng)產(chǎn),房地產(chǎn)
(法律)受薪合伙人
n.訴訟;打官司the process of making or defending a claim in
a court of law
n.從業(yè)人員(尤指醫(yī)學(xué)或法律界的)a person who works in a
profession;n習(xí)藝者,專門人才a person who regularly does a
particular activity,especially one that requires skill
n.交易,業(yè)務(wù),買賣a piece of business that is done between
people,especially an act of buying or lling ; n.辦理,處理the process of doing sth
商標(biāo)a name,symbol or design that a company us for its
products and that cannot be ud by anyone el;n.特征,標(biāo)記a special way of behaving or dressing that is typical of
ab and that makes them easily recognized
侵犯權(quán)益to limit ab's legal rightsn.觸犯法規(guī)to break a law
or rule ;
n.房東,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,租戶,佃戶a person who pays rent for the u of a
juris doctor(J.D)
bar examination
liaison
counl
Listening
Associate
Full Partner
Paralegal
Real Property
Salaried Partner
litigation
practitioner
transaction
trade-mark
infringement
landlord
tenant
room,building,land etc;v.(作為租賃者)居住,工作to live or
work in a place as a tenant
Language Focus
barrister
attorney
in-hou counl
solicitor
corporate lawyer
defence laywer
government lawyer
patent lawyer
tax lawyer
trial lawyer
Unit 3
Reading: Introduction to
constitutional law
US Constitution
出庭律師a lawyerwho is admitted to plead at the bar and argue
cas in superior courts.
1.代理人,法律事務(wù)代理人 a legal agent 2. 律師 a lawyer
法律顧問(wèn) lawyer suppling advices for corparaton
1.事務(wù)律師(英)lawyer who consults with clients and prepare
documents but is not heard in High Court2.(美)首席法務(wù)官main legal officel of the government
法務(wù)Setting up a business venture for the company
辯護(hù)律師 a lawyer of a defendant
政府律師 lawyer work for government
專利律師 a lawyer who drafts and procutes patent
applications and reprents inventors in infringement suits
and interference hearings
稅務(wù)律師 lawyer helping with tax issues
出庭辯護(hù)律師 defence for the defendant on the court
美國(guó)憲法
1.(報(bào)紙、雜志的)文章a piece of writing;2.物品;物件object;3.正品;真貨the genuine article;4.(契約、文件的)條款、條文、項(xiàng)目a ction of a formal agreement or document;5.見(jiàn)習(xí)契約Someone who is in articles is being trained as a lawyer
or accountant by a firm with whom they have a written
agreement;6.冠詞
1.(法令或法規(guī)的)修正條款,修正案a ction that is added to
a law or rule in order to change it;2.修改,修訂a change is
made to a piece of writing.
權(quán)利法案
司法審查、復(fù)審review by a court of law of actions of a
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
正當(dāng)程序,正當(dāng)法律程序,法定訴訟程序the administration of
justice according to establish rules and principles
政權(quán)分離
(中央及地方的)分權(quán)
(政府機(jī)關(guān)彼此之間的)相互制衡
article
amendment
bill of rights
judicial review
due process
paration of powers
division of powers
checks and balances
limited government 有限政府
1.來(lái)源;產(chǎn)地;2.尋找(產(chǎn)品或貨源的)貨源;3.消息來(lái)源;消息人士;(論文中引文的)出處、原始資料 a person or book that
provides information for a news story or for a piece of
rearch.4.(困難的)根源、原因 a difficulty's cau.5.(河流的)源頭
前例、先例 If there is a precedent for an action or event,
it has happended before, and this can be regarded as an
argument for doing it again
1.重要問(wèn)題;議題;爭(zhēng)論的問(wèn)題 an important subject;2.首要事項(xiàng);要點(diǎn);問(wèn)題的要害;3.(報(bào)刊的)期,號(hào),版次the version
of magazine or newspaper;4.發(fā)表,發(fā)布。make a statement or
a warning known formally or publicly;5.向...頒發(fā);(正式)發(fā)給;6.(液體聲音氣味)流出、發(fā)出、冒出issues from=comes
out of 7.爭(zhēng)論中的,討論中的at issus=being argued about;8.使...引起關(guān)注;在...上跳起爭(zhēng)論make an issue of something;9.不同意;對(duì)...持爭(zhēng)議take issue with someone or
something=disagree with them;10.在...方面有困難have issues
with=have problems connected with
州憲法
平凡的人
source
precedent
issue
state constitution
mundane subjects
Key terms:Principles of the
constitutional law(BY 陳寧怡2012301180)
1.分權(quán)。即將政府機(jī)構(gòu)一分為三:立法、行政和司法。每一個(gè)分支都有特定的職責(zé)范圍,任何其他分支不得侵犯。 2.分權(quán)與制衡原則。美國(guó)憲法所確立的一項(xiàng)原則。依布蘭迪斯(Brandeis)大法官所言,這一原則在1787年制憲會(huì)議上采納,其目的不在于提高政府效率,而在于保護(hù)人民免受暴政或獨(dú)裁專制之苦。
<美>(聯(lián)邦憲法規(guī)定的聯(lián)邦和州之間的政府權(quán)力劃分);分權(quán)
制衡原則;制約與平衡原則。之每一政府部門皆具有對(duì)抗其他任何部門行為的能力,從而不致出現(xiàn)任何單一部門操縱整個(gè)政府的權(quán)力和職能的理論。如在美國(guó),行政部門可通過(guò)行使否決權(quán)[veto
power]制約立法機(jī)關(guān);而只要達(dá)到充分多數(shù),立法機(jī)關(guān)則可推翻任一否決。
有限政府
Company Law
法律實(shí)體
法人Legal persons are of two kinds: natural persons –
people – and juridical persons– groups of people, such as
corporations, which are treated by law as if they were
persons. While people acquire legal personhood when they are
paration of powers
division of powers
checks and balances
limited government
Unit 4
legal entity
legal person
born, judicial persons do so when they are incorporated in
accordance with law.
法律責(zé)任 The legal bound obligation to pay law, a
person is legally liable when they are financially and
legally responsible for something..
公司屏障(保護(hù)持股人免受獨(dú)家業(yè)主造成的企業(yè)破產(chǎn)所帶來(lái)的損失) Its purpo lies in the fact that under the special
circumstance of law, the creditor can investigate control
shareholder's legal liabilities through the“corporate veil”to make creditor gain more forceful protection.
公司注冊(cè)證書[登記執(zhí)照],a signed statement by the Registrar
of Companies that a company is duly incorporated
董事會(huì)A board of directors is a body of elected or appointed
members who jointly overe the activities of a company or
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".
公司章程A legal document tting up a corporation — either
with or without limited liability — and including the
company's name, purpo, and duration.
謹(jǐn)慎責(zé)任a requirement that a person act toward others and
the public with watchfulness, attention, caution and
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
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.
獎(jiǎng)金 A premium paid in addition to what is due or expected
清償; 結(jié)算; 清算;1. The act of determining by agreement
or by litigation the exact amount of something (as a debt or
damages) that before was uncertain. 2. The act of ttling
a debt by payment or other satisfaction. 3. The act or process
personal liability
corporate veil
certificate of incorporation
board of directors
memorandum of association
duty of care
company formation
bonus
liquidation
of converting asts into cash, esp. to ttle debts.
legal entity 法律實(shí)體
公司注冊(cè)證[登記執(zhí)照],法人認(rèn)可證,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
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.
公司章程,公會(huì)規(guī)約; 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.
法定資本,額定資本,認(rèn)可資本;
名義資本
The par value of shares of stock a corporation has issued.
公司章程[執(zhí)照];
In corporate governance, a company's articles of association
is a document which, along with the memorandum 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.
內(nèi)部規(guī)章制度,次要法規(guī),(社、團(tuán)制定的)規(guī)章制度;
The official rules and regulations which govern a
corporation's management. Drawn up at the time of
incorporation, along with the charter.
statutory form
memorandum of association
authorized capital
nominal capital
articles of association
bylaw
特別大會(huì)
An extraordinary general meeting, commonly abbreviated as
EGM, is a meeting of members of an organisation, shareholders
extraordinary gengral meeting
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
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(股東)大會(huì),周年股東大會(huì)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) to
annual general meeting (AGM) 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.
董事會(huì)
A board of directors is a body of elected or appointed members
who jointly overe the activities of a company or
organization.
注意義務(wù)
誠(chéng)信義務(wù)
利益沖突
資產(chǎn)負(fù)債表
損益類賬戶
紅股,或bonus share
資本化發(fā)行
清算
審計(jì)員
董事;經(jīng)理 指揮公司業(yè)務(wù),構(gòu)成董事會(huì),為公司決策機(jī)構(gòu)board
of directors 主管;指導(dǎo)者;管理者 officer
n.清算人;清算事務(wù)管理人,亦稱receiver
總經(jīng)理,常務(wù)董事 someone who controls resources and
expenditures
①促進(jìn)者;倡導(dǎo)者;推動(dòng)者 ②(公司等的)發(fā)起人,創(chuàng)辦人 ③推銷商 ④(議案的)提出者,提案人 ⑤(古)刑事訴訟告發(fā)人
⑥(英)教會(huì)案件的上訴人
代理人;代表,尤用于公司法中
委托書
授權(quán) 授權(quán)委托書;代理board of director
duty of care
fiduciary duty
conflict of interest
balance sheet
profit-and-loss account
bonus issue
capitalisation issue
liquidation
auditor
director
liquidator
managing director
promote
proxy
receiver
shareholder
UNIT 7
①涉訟財(cái)產(chǎn)管理人 ②破產(chǎn)財(cái)產(chǎn)管理人 ③<英>接受贓物者 ④<英>精神錯(cuò)亂的看管人
n.股東;股票持有人 share:股份 份額
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.
提前收益,提前批準(zhǔn)
n.(財(cái)產(chǎn)的)轉(zhuǎn)讓,讓與Clau prohibiting or permitting
assignment under certain conditions.
n.讓與證書、委托證書 n.(轉(zhuǎn)讓的)財(cái)產(chǎn)、權(quán)力等 v.轉(zhuǎn)讓
n.保密條款,機(jī)密,機(jī)密性Clau concerning the treating of
information as private and not for distribution beyond
specifically identified individuals or organizations, nor ud
other than for specifically identified purpos.
n.可以信賴的品質(zhì),受到信任的能力
n.對(duì)價(jià),約因Clau expressing the cau, motive, price or
impelling motive which induces one party to enter into an
agreement.
n.考慮,體貼
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.約定違約金,約定違約賠償金Clau referring to an
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.完整條款Clau stating that the written terms of an
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
one or more provisions of the agreement are declared
unenforceable, the balance of the agreement remains in
force.
n.
結(jié)束
結(jié)局
終點(diǎn)Clau outlining when and under which
circumstances the contract may be determined.
n.訴訟費(fèi)的繳納Clau tting out which party is responsible
for payment of costs related to the preparation of the
agreement and ancillary documents.
acceleration
assignment
confidentiality
consideration
Force Majeure
Liquidated Damages
Entire Agreement
verability
Termination
Payment of Costs
Express contract
n.明示合同,明約A contract who clau is t clearly by
both parties orally or in written form.
n.默認(rèn)契約A contract which is t according to the behavior
of two parties and the environment during the formation of
the contract, although there was no obvious words
prented.
Implied contract
Statute of fraud
Real property
formation
Third-party beneficiary
contracts
Assignment of rights
Delegation of duties
delegate
assignee
Illegality of the subject
matter
該法由諾丁漢n.防止欺詐法英國(guó)1677年通過(guò)的一部制定法。勛爵制定,原名為《Act of the prevention of Frauds and
Perjuries》,立法宗旨是在證據(jù)不發(fā)達(dá)的時(shí)代,當(dāng)事人又無(wú)法提供合適證人的情況下,減少合同欺詐。
n.不動(dòng)產(chǎn)Property consisting of land or buildings.
n.訂立,形成The action of forming or process of forming of
a contract
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
n.權(quán)力的轉(zhuǎn)讓A clau which regulates the change of the
owner of a particular right
n.責(zé)任的委托To give certain duty or obligation to someone
el other than two parties of the contract.
n.代表A person nt or authorized to reprent .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.
n.標(biāo)的物的違法性When either the subject the
sale of illegal drugs) or the consideration of a contract is
illegal
n.性的欺詐When one party is intentionally misled
about the terms, quality or other aspect of the contractual
relationship that leads the party to enter into the
transaction.
n.威脅,逼迫When one party induces another into entering
into a contact by u or threat of force, violence,
economic pressure or other similar means.
n.法定能力的缺乏When one party does not have the ability
to enter into a legal contract, i.e. is not of legal age, is
insane or is a convict or enemy alien.
可實(shí)施的 something can be enforced
1、當(dāng)事人one who takes part in a transaction 2、政黨,黨派one by or against whom a lawsuit is brought
Fraud in the inducement
duress
Lack of legal capacity
Reading:Introduction to
contract formation
enforceable
party
offeror
accept
offeree
consideration
要約人one who makes an offer
接受,承接agree to take something offered to you
受約人one to whom an offer is made
1、考量something motivates a person to do something 2、支持be adequate to support the bargained-for exchange
between the parties
1、贈(zèng)與物the voluntary transfer or property to another
without compensation 2、多次轉(zhuǎn)讓物a thing so transferred
捐贈(zèng)物a gift to charity 2、捐贈(zèng)行為a method of acquiring 1、benefice by deed of gift alone
反要約put forward disagreement to the offer
1、(合同中)拒絕簽約a refusal to accept a contrctual offer
2、拒收a refusal to accept tendered goods as contractal
performance
u be equal to fundamental term
合同必備條款a contractual provision that must be included for a
contract to exit and to avoid fraud
價(jià)格,價(jià)錢the cost at which something is bought or sold
標(biāo)的物the thing in a contract,which the duty or right has
been asrted
模糊的,不明確的not exact or clear
1.談判;洽談;協(xié)商;議定 talk about a prlblem or a situation
such as a business arrangement in order to solve the
prlblem or complete the arrangement 2.通過(guò)談判(或協(xié)商)達(dá)成 3.轉(zhuǎn)讓;兌現(xiàn);議付
1.要約;出價(jià)
指買方向賣方提出的價(jià)格,尤其是拍賣或招標(biāo)中投標(biāo)人報(bào)出的價(jià)格。賣方的要約為“offer”;買方的要約為“bid”。An
offer to pay a particular amount of money for something
that is being sold.2.投標(biāo)
指人們就按特定價(jià)格履行工程合同、勞動(dòng)合同或提供原材料及貨物合同所發(fā)出的要約。公共合同[public contract]一般就從所提出的、相互競(jìng)爭(zhēng)的多個(gè)報(bào)價(jià)中選擇中標(biāo)者。
招標(biāo)階段
委托人
聘請(qǐng)或雇傭律師、會(huì)計(jì)師、建筑師等專業(yè)人士,以獲取專業(yè)建議和幫助的個(gè)人或團(tuán)體 a client of a professional person
or organization is a person or company that receives a
rvice from them in return for payment
協(xié)議;協(xié)定
指兩人或多人就其與過(guò)去或?qū)?lái)實(shí)施行為相關(guān)的權(quán)利gift
donation
counter offer
rejection
esntial term
price
subject matter
indefinite
Speaking:Negotiating
expressions
negotiate
bid
bidding pha
client
Writing:An informative
memo
agreement
和義務(wù)等內(nèi)容而形成的雙方合意[mutual asnt]。該詞既可用于指無(wú)對(duì)價(jià)的非正式協(xié)議,如君子協(xié)議等,也可用于指有對(duì)價(jià)支持的合法的正式協(xié)議,而合同[contract]一詞則僅用于指后者,故凡合同均為協(xié)議,但并非每一份協(xié)議均為合同 a formal decision
about future action that is made by two or more countries,
groups, or people
1.公民的選舉權(quán)the right to vote in an election 2.特許;特許權(quán)
政府授予個(gè)人或團(tuán)體的做某事的特權(quán),而非公民普遍享有的權(quán)利 3.特許使用權(quán);特許經(jīng)營(yíng)權(quán) 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.特許協(xié)議 5.特許經(jīng)營(yíng)人所經(jīng)營(yíng)的業(yè)務(wù)
1.蓋印合同;蓋印契約 2.合同;協(xié)議a formal written
agreement between two or more people or groups of
people which is recognized in law 3.違反蓋因合同請(qǐng)求賠償損失之訴 4.盟約;公約;條約;專約
合同;契約a legal agreement, usually between tow
companies or between an employer and employee, which
involves doing work for a stated sum of money
同意;贊同;答應(yīng);允許;合意
指一個(gè)智力正常的人對(duì)他人的建議自愿作出理智的選擇,即同意的意思表示,并不存在脅迫、欺詐或錯(cuò)誤理解等情況 give someone permission to do it, agree
to do it or to allow it to be done
禁制令
法院簽發(fā)的要求當(dāng)事人做某事或某行為或者禁止其做某事或某行為的命令 a court order, usually one telling someone
not to do something
授權(quán);許可;批準(zhǔn) if someone who has authority over you
gives you permission to do something, they say that they
will allow you to do it
1.撤走 2.從……取走 3.從銀行中提款take money out of a
bank account 4.從競(jìng)爭(zhēng)或申請(qǐng)中退出 stop taking part in an
activity or organization
破壞;違犯;違反;不履行;侵害 if you breach an agreement,
a law, or a promi, you break it
合同一方當(dāng)事人未能履行合同條款、允諾或條件
未擔(dān)保的;無(wú)擔(dān)保的
1.修改;修訂;修正;改正if you amend something that has
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.改進(jìn);改善;改良
1.加入;(與他人)聯(lián)合 2.達(dá)成(協(xié)議);結(jié)成(關(guān)系)
撤銷;解除;廢除 if a government or a group of people in
franchi
covenant
contract
connt
injunction
permission
withdraw
breach
breach of contract
unwarranted
amend
enter into
rescind
power rescind a law or agreement, they offically withdraw
it and state that it is no longer valid
terminate
renew
結(jié)束,終止 end completely
更新;續(xù)展;展期;延長(zhǎng)(執(zhí)照、合同的)有效期 when you renew
something such as a licence or a contract, you extend the
period of time for which ti ts valid
把……譯成密碼;加密 if a document or piece of information
is encrypted, it is written in a special code, so that only
certain people can read it
法令;規(guī)章;成文法 a rule or law which has been made by a
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.(刑罰)強(qiáng)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
負(fù)有責(zé)任的 if you are accountable to someone for
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
that is kept or invested for another person, company, or
organization
1.掩飾物 you can refer to something that haids or partly
hides a situation or activity as a veil 2.面紗 a piece of thin
soft cloth
1.求助于(法律) if you invoke a law, you state that you are
taking a particular action becau that law allows or tells
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
強(qiáng)制性的 if something is compulsory, you must do it or
accept it, becau it is the law or becau someone in a
position of authority says you must
不合法的if something is un lawful, the law does not allow
you to do it
模范刑法典(美國(guó)法律協(xié)會(huì)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
encrypt
Translation Skill
state
mandatory
accountable
trustee
veil
invoke
compulsory
unlawful
Book2 Unit 1
Model Penal Code(MPC)
was Herbert Wechsler
incarceration
felony
監(jiān)禁 the act or process of confining someone
重罪 a rious crime usu. Punishable by
imprisonment for more than one year
輕罪 a crime that is less rious than a felony
and is usu. punishable by fine,penalty,forfeiture
or confinement in a place other than prison(such
as a county jail)
misdemeanor
優(yōu)勢(shì)證據(jù) 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.
strict-liability crime
嚴(yán)格責(zé)任的犯罪 a crime that does not require a
mens rea element,such as traffic offens and
illegal sales of intoxicating liquor
犯罪行為 【Law Latin "guilty act"】the wrongful
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
that the procution,to cure a conviction, must prove that
a defendant had when committing a crime
疏忽,遺漏 the neglect to perform what the law
requires
走路不遵守交通規(guī)則 walking across a street outside
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
警察圈套(誘捕) a law-enforcement officer's or
government agent's inducement of a person to
commit a crime, by means of fraud or undue persuasion,in an
attempt to later bring a criminal procution against that
person
對(duì)抗制 a legal system where two advocates reprent their
parties' positions before an impartial person or group of
people, usually a jury or judge, who attempt to determine the
truth of the ca
糾問(wèn)制
actus reus
mens rea
omission
jaywalking
petty theft
entrapment
adversarial system
inquisitorial system
Listening1 ,speaking and
writing
rebuttal
rebut /r??b?t/ v
to prove that a statement or a charge made against you
is fal
= refute
>rebuttal n [U and C] 辯駁,反駁
n.假釋,假釋期,假釋證
vt.假釋
adj.獲得假釋(者)的,假釋的permission for
someone to leave prison, on the condition that they promi
to behave well
on parole 假釋 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. 此處取第一個(gè)意思,對(duì)質(zhì)
med?te?t?d US pr?-/ adj 預(yù)謀的
/pri??premeditated
a premeditated crime or attack is planned in advance and done
deliberately
premeditated murder
permission for someone to leave prison, on the condition that
they promi to behave well
on parole 假釋 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. 此處取第一個(gè)意思,對(duì)質(zhì)
【SHOOT】 [T] formal 此處作shoot之義
to fire a gun or shoot an arrow etc
A soldier accidentally discharged his weapon.
/pri??med?te?t?d US pr?-/ adj 預(yù)謀的
a premeditated crime or attack is planned in advance and done
deliberately
parole
confrontation
parole
confrontation
discharge
premeditated
premeditated murder
Reading2:parties to a crime
有罪;應(yīng)受懲處(性)Blameworthiness;應(yīng)受譴責(zé)(性);有責(zé)(性)除法定的嚴(yán)格責(zé)任的刑事案件外,行為人應(yīng)受刑事處罰還必須具備法律可能要求的蓄意、明知、放任或過(guò)失等主觀上的犯罪構(gòu)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
offen.
a.1主要的,首要的,最重要的Chief; primary; most important;(地位、級(jí)別等)最高的2資本的;本金的;可生息的財(cái)產(chǎn)的
n.1首長(zhǎng);負(fù)責(zé)人;首領(lǐng);長(zhǎng)官;主管人2(中小學(xué))校長(zhǎng);(英)大學(xué)校長(zhǎng)3本金;資本;可生息的資本(或財(cái)產(chǎn));(股票、債券等的)票面價(jià)值4(代理關(guān)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主債務(wù)人(=principal debtor)One who has primary
responsibility on an obligation, as oppod to a surety or
indorr6主犯 指實(shí)施犯罪行為或在現(xiàn)場(chǎng)幫助或者唆使他人實(shí)施犯罪行為的罪犯,與從犯(accessory)相對(duì)。One who commits or
participates in a crime7(在具結(jié)保釋中的)被保釋人 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、附屬物;從物 Something of condary or subordinate
importance.
.2、附件;零件 3從犯 幫助實(shí)施犯罪行為者。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.從犯又分為事前從犯和事后從犯【accessory before the fact】和事后從犯【accessory after the
fact】在美國(guó),大多數(shù)州一般只對(duì)重罪的從犯追究刑事責(zé)任。在英格蘭,以前只對(duì)重罪的從犯追究刑事責(zé)任。在英格蘭,以前只在重罪上對(duì)主犯和從犯有所區(qū)分,但在叛逆罪中,所有的參與者都是主犯。在輕罪中,在重罪中會(huì)是事前從犯的被視為主犯;在重罪中會(huì)是事后從犯的則不視為犯罪,除非有事實(shí)證明構(gòu)成了實(shí)質(zhì)上的犯罪。1967年《刑法》【criminal law act】頒布后,共同犯罪人一般只劃分為主犯和同謀犯。在蘇格蘭,主犯和從犯的區(qū)別,只在于主要參與與輔助參加之分,在刑事責(zé)任上沒(méi)有去別。
a. 附屬的,從屬的,附加的;同謀的
Accessory after the fact:事后從犯 即明知犯罪已經(jīng)實(shí)施,幫助犯罪人逃脫逮捕或懲罰者。在美國(guó),根據(jù)的大多數(shù)州刑事法律的規(guī)Culpability
Principal
Accessory
Accessory after the fact
定,對(duì)于事后從犯作單獨(dú)處理,有4條要求:①他人已經(jīng)實(shí)施了重罪,而且必須在從犯實(shí)施之前已經(jīng)完成②從犯不能與主犯同罪③從犯必須親自幫助主犯以避免重罪處罰④從犯的幫助必須具有明知故意《模范刑法典》【Model Penal Code】認(rèn)為事后從犯其實(shí)不是共同犯罪人,按“妨礙審判罪”另行處理。有時(shí)縮寫為“accessory
after”
Execution
Conspiracy
Acquit
Convict
Listening2:
izure
curtail
formulate
suspicion
detention
n.處死刑,處決,死刑,執(zhí)行,行刑
n.共謀,串通
v.無(wú)罪釋放
n.罪犯
vt.宣告??有罪
n.扣押,搶奪
vt.剝奪??特權(quán)等,縮減
vt.制定
n.懷疑,嫌疑
vt.懷疑
n.拘押,羈押,扣押
exclude
intervene
warrant
disarm
custody
proposition
criminal trespass
vt.排除
vt.干涉,介入,調(diào)停
n.根據(jù),證據(jù),委任狀,正當(dāng)理由
vt.保證,擔(dān)保,批準(zhǔn)
vt.消除??的懷疑
n.保管,監(jiān)護(hù),拘留,撫養(yǎng)權(quán)
n.主張
非法侵入他人土地房屋罪
1.傳聞證據(jù) Testimony that is given by a witness who relates
to what others have said. 2.非直接證據(jù) In federal law, a
statement offered in evidence to prove the truth of the matter
asrted;condhand evidence.
1.保持,維持,使持續(xù)不斷: To support or maintain, esp. over
a long period .2.給…以力量(或勇氣、信心等),鼓勵(lì),使振作 To
nourish and encourage; lend strength to .3. 蒙受,遭受(損失等):To undergo; suffer .4.確認(rèn),認(rèn)可;(法院)確認(rèn)…正當(dāng)(或正確);準(zhǔn)許: (Of a court) to uphold or rule in favor of .5.
證實(shí)To substantiate or corroborate .6.支援;救濟(jì) To persist
in making (an effort) over a long period .
1.駁回,批駁;拒絕 To rule against; to reject .2. 宣布…無(wú)效(Of a court) to overturn or t aside (a precedent) by
expressly deciding that it should no longer be controlling
law .
hearsay
sustain
overrule
cross-examine
n.盤詰;反復(fù)詢問(wèn)The questioning of a witness at a trial or
hearing by the party oppodto the party who called the
witness to termed cross-interrogation
1、受托人,one having legal title to property holds it in trust
for the benefit of another and owes a duty to that beneficiary
2、破產(chǎn)管理人,a person to administer the bankruptcy estate
during a bankruptcy ca
n殺人The killing of one person by another 指一人導(dǎo)致或促使他人死亡的一般用語(yǔ)。該詞是中性詞,只描述客觀行為,而對(duì)其道德或法律性質(zhì)并沒(méi)有做出判斷。殺人并不必然構(gòu)成犯罪,在依法執(zhí)行死刑、自衛(wèi)以及作為追捕逃犯的唯一可能手段時(shí),殺人則是合法的。但如果一人蓄意、明知、輕率或疏忽致使他人死亡的,該人則犯有殺人罪。英美普通法和制定法都把殺人分為謀殺【murder】和非預(yù)謀殺人【manslaughter】.在蘇格蘭,殺人分為有罪殺人【cuplable homicide】、正當(dāng)殺人【justifiabe homicide】以及意外、疏忽或可寬恕殺人【accidental,negligent,or excusable
homicide】
殺人者,a person who kills another
一級(jí) An incremental measure of guilt or negligence; a level
bad on the riousness of an offen.
預(yù)謀殺人 Done with willful deliberation and planning;
consciously
considered beforehand
重罪謀殺 Murder that occurs during the commission of a
dangerous felony (often
limited to rape, kidnapping, robbery, burglary, and arson).
<美>:二級(jí)謀殺罪 Murder that is not aggravated by any of the
circumstances of first-degree murder 大多數(shù)州把謀殺罪分為兩級(jí),個(gè)別州不分等級(jí)或分為三級(jí)。凡對(duì)謀殺罪劃分為兩個(gè)等級(jí)的刑法,二級(jí)謀殺罪的范圍就是“除一級(jí)謀殺罪以外的其他謀殺罪。具體包括:①無(wú)預(yù)謀目的的謀殺②全部故意重傷謀殺,不論故意重傷是否有預(yù)謀③全部極端輕率謀殺④一級(jí)謀殺罪列舉的重罪以外的重罪-謀殺。對(duì)二級(jí)謀殺罪通常處以終身監(jiān)禁(=murder in the
cond degree)
非預(yù)謀故意殺人 激情殺人是非預(yù)謀故意殺人的典型形式,即被告人因受到強(qiáng)烈的刺激,致使其在盛怒心理下實(shí)施的故意殺人行為。
過(guò)失殺人罪 Homicide in which there is no intention to kill
or do grievous
bodily harm, but that is committed with criminal negligence
or during the commission of a crime
not included within the felony-murder rule.
非預(yù)謀殺人罪The unlawful killing of a human being without
trustee
Language Focus
Homicide
First-degree
Premeditated murder
Felony-murder
Second-degree murder
Voluntary manslaughter
involuntary manslaughter
manslaughter
malice aforethought. — Also
termed (in some jurisdictions) culpable homicide
bribery
賄賂罪n. The corrupt payment, receipt, or solicitation of
a private favor for official action. ?
Bribery is a felony in most jurisdictions.
歐擊罪 ;(侵權(quán)法)非法侵犯al law. The u of force
against another, resulting in harmful or offensive
contact.
性侵犯T. .
1、搶劫、搶掠 The illegal taking of property from the person
of another, or in the person'sprence, by violence or
intimidation;2、加重的盜竊罪 aggravated termed
(in Latin) crimen roberiae.
battery
xual assault
robbery
干涉司法程序 Obstructing rvice of process, to interfere
interference in the judical
with the rvice of a court-authorized document, civil or
process
criminal, such as a summons or a subpoena.
1. 威脅;威逼(做某事):the act of intimidating a weaker person
to make them do something 2.威脅 the feeling of
discouragement in the face of someone's superior fame or
wealth or status etc.3. 恐嚇the feeling of being
intimidated; being made to feel afraid or timid 4.威脅;威逼(不做某事) a communication that makes you afraid to try
something
1.傷害罪clo fighting during the culmination of a military
attack.2.侵犯人身,(尤指未遂的)毆打;(用言語(yǔ)等的)威脅,脅迫 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
盜竊;入室搶劫犯 Knowingly entering or remaining in a
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
偷竊罪,any act or instance of stealing, including
larceny,burglary, embezzlement,and fal pretens
罪,1、將人劫持并運(yùn)至他國(guó)(早期)abducting a person and
nding the person to another country 2、以暴力或欺騙的手段劫持他人,izing and taking away a person by force or fraud
1、惡意焚燒他人的住宅或宅第內(nèi)附屬建筑,the malicious burning
of someone el's dwelling hou or outhou(common law) 2、惡意焚燒自己或他人的財(cái)產(chǎn),the intentional and wrongful
burning of someone el's property or one's own
intimidation
assault
burglary
criminal trespass
theft
kidnapping
arson
property(modern statutes)
licen
1、許可,特許。a permission 2、許可證,the certificate or
document evidencing such permission
1、特許,許可,the governmental grant of a right 2、特許狀,許可證the official document so granting 3、專利權(quán),the right
to exclude others from doing something
1、雇傭,to hire 2、使用,利用,to make u of 3、使用,職業(yè),to u as an agent in transacting business 4、使從事于,to
entrust witn the performance of certain acts
1、出售,出賣,to transfer to another for money or other thing
2、販賣,叫賣,to make an object of trade by hawking 3、公開陳述,公開出版,to utter publicly or publish broadly
1、租賃合同,a contranct 2、租賃權(quán) a conveyance plus all
covenants attached to it 3、租賃物,the real property 4、租賃,租借, behavior
1、同意,允許,an agreement2、讓與,the formal transfer of
real property3、財(cái)產(chǎn)轉(zhuǎn)讓證書,the document by which a transfer
is effected 4、轉(zhuǎn)讓的財(cái)產(chǎn)或財(cái)產(chǎn)權(quán)利,the property of property
right so transferred
1、信托,a property interest held by one person at the request
of another for the benefit of a third party 2、信托關(guān)系,a
relationship 3、信托財(cái)產(chǎn),the property
1、轉(zhuǎn)換,轉(zhuǎn)移,any mode of parting with an ast in an ast
2、流通,negotiation of an instrument according to the forms
of law 3、轉(zhuǎn)讓,a conveyance of property or title from one
person to another
1、合同,an agreement between two or more parties 2、合同書,the writing that ts forth such an agreement
n. 1、宣判The judgment that a court formally pronounces after
finding a criminal defendant guilty;2、判決 the punishment
impod on a criminal wrongdoer . — Also termed judgment of
conviction.
1、違法行為、犯罪An act that the law makes punishable;2、刑事訴訟標(biāo)的 the breach of a legal duty treated as the
subject matter of a criminal proceeding. — Also termed
criminal wrong.
n.1、恐嚇 The act or process of discouraging certain
behavior, particularly by fear; 2、(刑法)威懾力 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;
2、有立法權(quán)的主體a member of a legislative body.— Also
patent
employ
vend
lea
grant
trust
transfer
contract
ntence
crime
deterrence
legislators
termed lawmaker.
punishment
刑罰n. A sanction — such as a fine, penalty, confinement,
or loss of property, right,or privilege — assd against
a person who has violated the law.
Book2 Unit 3 Civil Procedural
Law
liability "1.責(zé)任:the state of being legally obliged and responsible
2.債務(wù) an obligation to pay money to another party
3.不利因素 the quality of being something that holds you back
"
insolvent 1.破產(chǎn)者;無(wú)力償還者:someone who has insufficient asts to cover their debts 2.破產(chǎn)的;無(wú)力償還的 unable to meet or discharge financial obligations
creditor "1.債權(quán)人,貸方:a person to whom money is owed by a debtor; someone to whom an
obligation exists
"
shareholder 1.股東 a person who owns shares in a company
pierce the corporate veil 1.揭開公司面紗:a legal decision to treat the rights or duties of a
corporation as the rights or liabilities of its shareholders
promissory estoppel 1.允諾后不得否認(rèn)的原則 a doctrine that prevents one party from
withdrawing a promi made to a cond party if the latter has reasonably relied on that
promi.
detriment "1. 損害,傷害 a damage or loss
"
promie 1.受約人,承諾人 a person to whom a promi is made
pardon "1. 原諒 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.減刑
change a penalty for a less vere one 3.代償 exchange or replace with another, usually of the
same kind or category
repeal 1. 廢除 an official or legal cancellation
Statute of Frauds 1.反欺詐法an act for prevention of frauds and perjuries
abolition 1 廢除,廢止.the act of abolishing a system or practice or institution
involuntary manslaughter 1.過(guò)失殺人罪 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.(對(duì)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.審計(jì)員a qualified accountant who inspects the accounting records and practices of
a business or other organization
2.旁聽(tīng)生a student who attends a cour but does not take it for credit 3.聽(tīng)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.
the UK, an Act of the English parliament in 1689 on the assumption of the throne by William
and Mary. the UK, an Act of the English parliament in 1689 on the assumption of the throne
by William and Mary.
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