法律英语学生讲义~b4c2.doc

法 律 英 语English for the Legal ProfessionCONTENTSChapter 1 Definition and Classification 3Chapter 2 Lawyers and Judges 6Chapter 3 Sources of English Law 8Chapter 4 State and government of the UK 10Chapter 5 The UK system of Government 11Chapter 6 General Features of American Legal System 17Chapter 7 The Institutions of the American Government 20Chapter 8 Understanding the Court System of the U. S 23Chapter 9 Civil Litigation 26Chapter 10 Commencing a Legal Action 28Chapter 11 Pleadings and Motions Attacking Pleadings 30Chapter 12 Discovery 32Chapter 13 The Trial 34Chapter 14 Appeal and Enforcement 36Chapter 15 Basic Categories of Property Law 38Chapter 16 Contract Formation and Classification 40References 42Chapter 1 Definition and ClassificationI. Definition of Law How do you give the definition of law? Two minutes for you to have a discussion. Purpose of law: _____________________________________________ _______ Function: ________________________________________________________The law brings about changes in our society and society brings about changes in the law. In this sense law is both ___________________________________________________________. (法律既是变化的工具又是变化的结果)II. Classification of LawFigure out the equivalents of the following names of law, and then put them into different groups. 1) Constitutional law ____________________2) Criminal law _______________________3) Civil law ______________________4) ____________________ 行政法5) Law of contract ________________________6) ____________________ 土地法7) ___________________ 商法8) ____________________劳动法9) _____________________ 公司法10) ____________________ 税法11) International law _________________12) _________________ 侵权法13) Equity ______________________14) Arbitration law ______________15) property law __________________16) intellectual property law_________________17) anti-dumping law_____________________Public law and private law (公法和私法)Public law includes laws that affect the public generally. For example, ________________________Private law deals with the relationships between _____________ in an organized society. For example: __________________ Substantive law and procedural law (实体法和程序法)Substantive law concerns the law dealing with the facts of the case itself, such as the law of torts, product liability, corporations, or contracts. Procedural law establishes the rules for enforcing or administrating law. It involves issues of evidence, appeals*, etc. Procedural rules ensure that a trial is fair and timely. If a juror* is biased, he or she can be dismissed. If evidence has been obtained improperly, for example, false evidence or evidence obtained without a valid search warrant*, procedural rules ensure that it will not be admitted in court. Procedural rules also govern whether or not the court has the power to hear a case. Take the famous Case of Simpson as an example. Abstract of the case: Orenthal James Simpson was an American football star, who, after his divorce with Nicole, still loved her. One night, Nicole and her new boyfriend Goldman were found to be killed in front of Nicole’s house, and Simpson was suspected of killing them. Later, enough evidence was found by the police to prove his guilt. However, in order to make the evidence more definitude, the police fabricated* a glove with the blood of Simpson and Nicole, and it later was proved to be forgery by the counsel for the defense*. If you were the judge, how would you decide on the case? As a result, all the evidence the police collected before was ruled to be invalid, and Simpson was sentenced innocent.III. Case analysis A police officer cannot just walk up to your house and demand to be let in to search for anything that might be illegal. He must get a warrant from a judge first that basically says what the officer is looking for and where he officer will look. And even with warrants, the officer must knock on the door of a house and announce that they are police officers, as heard in many films: “Open up. It’s the police!” This is called the “knock and announce” principle (“敲门并声明”原则). Read the following case of Wilson v. Arkansas, and answer the following questions. Facts: Arkansas undercover agents bought illegal drugs from Sharlen Wilson. Police officers were then given warrants to search Ms. Wilson’s house and to arrest her. However, when the police officers arrived at Ms. Wilson’s house, they discovered that the front door was open. The police officer opened the screen door, which was unlocked, and walked into the house. As they entered, they said they were police officers and that they had a warrant. “Once inside the home, the officers seized marijuana(大麻), methamphetamine(脱氧麻黄碱), valium(镇静安眠药), narcotics paraphernalia (镇定剂器具), a gun, and ammu。