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发布时间:2020-03-01 23:19:36 来源:范文大全 收藏本文 下载本文 手机版

Stare Decisis遵循先例

equity law衡平法

the Bar律师协会

法律顾问house counsel

刑法criminal law

普通法common law

宪法最高原则Doctrine of constitutional supremacy

司法系统judicial system

司法审查judial review

判例法case Law

制定法statutory law

执业律师practical lawyer

大法官Chief judge

重罪谋杀felony-murder

Impeachment弹劾

misconduct or malfeasance 轻罪或重罪

Insanity defense精神不正常辩护

Capital punishment死刑

LLM法学硕士

JD,Juris Doctor法律博士

Answer the following questions briefly based on the text book.

1.What activities is a lawyer permitted to engage in besides practicing law?

Alawyer is permitted to engaged in any activity that is open to other citizens, such as serving on boards of corporate clients,engaging in busine ,and participating actively affairs.2.What is the only way to prepare for membership in the legal profeiom in the United

States?

Attending a law school.

3.What are the main courses for the first-year students in most of Americon law schoos?*

The traditionnal first-year program include contracts, torts, property, criminal law and civil procedure.

4.How many court systems are there in the United states?and What are they?*

There are fifty-two court systems in the united states, Each state, as well as the District of Columbia ,has its own system of courts and there is a separate federal court system.

5.What is the principle of separation of powers?*

The three main branches of government——legislative,executive and judiciary are separate and distinct from one another.The powers given to each are delicately balanced by the powers of the other two .Each branch surveys as a check on potential excees of the others.

6.what is homicide?*

Homicede is the killing of one human being by another human being.

7.What are the important factors, according to the writer’s opinion for understanding American

law and legal methodology ?And why?

Knowledge of the case law method as well as of the technique of working with case law is of central importance for an understanding of American law and legal methodology.Because the American legal system is methodology mainly a case law system.

8.What are the requirements for admiion to practice?

Most require three years of college and a law degree.Each state administers its own written examination to applicants for its bar.

Translation

1.The work of a lawyer involves continuous contacts with clients, aociates, other lawyers,

judges, witne, others affected by the law, and involves the lawyers’ own goals, attitudes, performance, and sense of satisfaction.

律师工作涉及到持续不断的与当事人、合作者、其他律师、法官、证人以及其他受法律影响的人的联系,还涉及律师本人的目标、工作态度、表现和满意感。

2.The federal courts are not superior to the state courts; they are an independent, coordinate

system authorized by the US.Constitution.

联邦法院不凌驾于州法院之上;它们是由美国宪法授权的独立、并列的系统

3.Judges are drawn from the practicing bar, le frequently from government service or the

teaching profeion.

法官主要从执业律师中选拔,很少从政府公务员或教师中选拔。

4.Three main branches of government are separated and distinct from one another.The powers

given to each are delicately balanced by the powers of the other two.

三个主要的政府机构相互独立和区别。给予一个机构的权力受到另两个机构的微妙制约。

5.The power of the Court to interpret acts of Congre and decide their constitutionality.司法审查权是联邦最高法院解释国会法案并确定国会法案合宪性的权力。

6.The power of the Court to explain the meaning of various sections of the Constitution as they

apply to changing legal, political, economic and social conditions.

司法审查权包含最高法院解释宪法各部分在改变法律、政治、经济和社会环境方面作用的权力。

7.The narrow limits of the forms of action and the limited recourse they provided led to the dev

elopment of equity lawand equity case law.

诉讼形式的限制及其提供的有限追索权导致了衡平法和衡平判例法的产生。

8.Of the lawyers who are not in private practice, many are employed by private busine

concerns, such as industrial corporations, insurance companies, and banks, usually as house (or corporate) counsel in the concern\'s legal department.House counsels remain members of the bar and are entitled to appear in court, though an outside lawyer is often retained for litigation.

在非私人执业律师中,许多人受雇于私人企业,例如工业公司、保险公司、银行,他们通常在公司内法律部门中担任法律顾问。公司的法律顾问同时仍然是律师界的成员并享有出庭辩护的权利,尽管事实上公司常常邀请外面的律师参加诉讼。

9.One who moves to another state can usually be admitted without examination if one has

practiced in a state where one has been admitted for some time, often five years.

如果一个人已经执业5年以上,那么当他移居到另外一个州的时候,通常不用再参加该州的律师资格考试就可以获准执业。

10.A lawyer remains a member of the bar even after becoming a judge, an employee of the

government or of a private busine concern, or a law teacher, any may return to private practice from these other activities.

律师在成为法官、受雇于政府或私营企业或者成为法律教师以后,还保留着律师的身份。他们可以放弃其他活动,回来再做律师。

11.“ No tradition of our profeion is more cherished by lawyers than that of its leadership in

public affairs.”

在我们的职业传统中,没有一个像其担任公共事务领导的传统那样受到律师们的钟爱。

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