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Book 1, unit 1
Reading: Bodies of law
common law
习惯法,普通法,判例法 based on customs
civil law
成文法,大陆法,民法
criminal law
(6)燕子低飞、(小鱼)游出(水面)、(蚂蚁)搬家表示要(下雨)了。刑法 deal with crimes
codify
编纂
天气渐渐热起来了。code
法典
disputes
争执,纠纷
Types of law
小小的船儿 长长的尾巴 金色的阳光
女 女字旁(好 妈 奶) 心 心字底(想 思 念)bill
母亲 着急 认真. 得意 主意 同意 因为 阳光 办法 亲情 爱情议案;法案.a formal statement of a proposed new law that is discussed and then voted on
人字头:全、会、合regulation
和风细雨 万紫千红 鸟语花香 山清水秀 蒙蒙细雨 古往今来规章 carry out the intent of the law
红火 红红火火 日夜 日日夜夜ordinance
(地方)条例 enacted by a town,city or country government
directive
七、填空题经常会填指令 (如:欧盟指令) establish policies
R S T U V W X Y Zstatutes
成文法 formal written law
provision
规章、条例
article
chapter
clause
Speaking1 : Explaining what a law says
stipulate
规定
provide
语气弱于stipulates
specify
明确规定
Types of courts
appellate court
受理上诉法院 review cases heard in a lower court
crown court
刑事法庭 hear serious criminal cases
high court
高等法院 the highest court in a jurisdiction
supreme court
最高法院
juvenile court
青少年法庭 try a person under the age of 18
lower court
下级法庭 hear a case for the first time
magistrates' court
地方法院,地方治安法庭 small crimes are tried in the UK
moot court
模拟法庭 students argue hypothetical cases
small-claims court
小额补偿诉讼法院 limit amount of money
tribunal
特别法庭,专门法庭 legal problems of a particular type
Speaking2: Civil court systems
expert witness
专家证人 a person who has specialised knowledge of a particular subject
appellant
上诉人 appeals a decision to a higher court
advocate
诉讼律师 plead cases in court
Listening: Documents in court
affidavit
法庭宣誓, 口供 swear officially to tell the truth
injunction
禁令 stop sb doing something
writ
传票 involved sb in a legal process
pleading
诉讼;诉讼文件 set forth the cause of action
client
诉讼当事人, 委托人
Book 1,Unit 2
Reading: Legaleducation - a call to the Bar
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
disbar
取消(某人)的律师资格 to stop a lawyer from working in the legal profession,especially because he or she has done sth illegal
LLB
Legum Baccalaureus法学学士
vocational
职业的,职业技术的
barrister
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护) a lawyer in Britain who has the right to argue cases in the higher courts of law
Inns of Court
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 function as a law school and have the exclusive privilege of calling candidates to the English bar.They are Lincoln's Inn,Inner Temple,Middle Temple.Gray's Inn
Bar Vocational Course
法律职业课程
call to the bar
获得律师资格 allowed to work as a qualified barrister
pupillage
1.大律师见习期 a period during which a lawyer trains to become a barrister by studying with a qualified barriser 2.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
apprenticeship
1.学徒期 a period of time working as an apprentice 2.学徒工作 a job as an apprentice
barristers' chambers
大律师事务所
solicitor
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 for the sale of land or buildings,advises people on legal matters,and can speak for them in some courts of law 2.推销员 a person whose job is to visit or telephone people and try to sell them sth 3.(城镇或政府部门负责法律事务的)法务官 the most senior legal officer of a city,town or government department
Legal Practice Course(LPC)
法律实践课程
trainee solicitor
实习律师
law school
法学院
juris doctor(J.D)
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。
bar examination
律师资格考试 in the USA,an important test taken by law-school graduates which,when passed,qualifies a person to practise law
liaison
1.联络;联系 a relationship between two organizations or different departments in an organization,involving the exchange of information or ideas 2.联络员;联系人
counsel
1.法律顾问;律师 a lawyer or group of lawyers representing sb in court 2.劝告,建议 advice,especially given by older people or experts
Listening
Associate
合伙人,同事,朋友 2.准会员 adj.合伙的,共事的,有关连的
Full Partner
(法律)无限责任合伙人
Paralegal
n.法律事务助理 adj.辅助律师业务的
Real Property
n.不动产,房地产
Salaried Partner
(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
practitioner
n.从业人员(尤指医学或法律界的)a person who works in a profession;n习艺者,专门人才a person who regularly does a particular activity,especially one that requires skill
transaction
n.交易,业务,买卖a piece of business that is done between people,especially an act of buying or selling ; n.办理,处理the process of doing sth
trade-mark
商标a name,symbol or design that a company uses for its products and that cannot be used by anyone else;n.特征,标记a special way of behaving or dressing that is typical of ab and that makes them easily recognized
infringement
侵犯权益to limit ab's legal rightsn.触犯法规to break a law or rule ;
landlord
n.房东,地主a man from whom you rent a room,a house,etc;n.店主,老板a man who owns or manages a pub or a guest house
tenant
n.房客,租户,佃户a person who pays rent for the use of a 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
barrister
出庭律师a lawyerwho is admitted to plead at the bar and argue cases in superior courts.
attorney
1.代理人,法律事务代理人 a legal agent 2. 律师 a lawyer
in-house counsel
法律顾问 lawyer suppling advices for corparaton
solicitor
1.事务律师(英)lawyer who consults with clients and prepare documents but is not heard in High Court2.(美)首席法务官main legal officel of the government
corporate lawyer
法务Setting up a business venture for the company
defence laywer
辩护律师 a lawyer of a defendant
government lawyer
政府律师 lawyer work for government
patent lawyer
专利律师 a lawyer who drafts and prosecutes patent applications and represents inventors in infringement suits and interference hearings
tax lawyer
税务律师 lawyer helping with tax issues
trial lawyer
出庭辩护律师 defence for the defendant on the court
Unit 3
Reading: Introduction to constitutional law
US Constitution
美国宪法
article
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 section 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
amendment
1.(法令或法规的)修正条款,修正案a section that is added to 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
judicial review
司法审查、复审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
due process
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
separation of powers
政权分离
division of powers
(中央及地方的)分权
checks and balances
(政府机关彼此之间的)相互制衡
limited government
有限政府
source
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 provides information for a news story or for a piece of research.4.(困难的)根源、原因 a difficulty's cause.5.(河流的)源头
precedent
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
issue
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
state constitution
州宪法
mundane subjects
平凡的人
Key terms:Principles of the constitutional law(BY 陈宁怡2012301180)
separation of powers
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
checks and balances
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
有限政府
Unit 4
Company Law
legal entity
法律实体
legal person
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 born, judicial persons do so when they are incorporated in accordance with law.
personal liability
法律责任 The legal bound obligation to pay debts.In law, a person is legally liable when they are financially and legally responsible for something..
corporate veil
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 purpose 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.
certificate of incorporation
公司注册证书[登记执照],a signed statement by the Registrar of Companies that a company is duly incorporated
board of directors
董事会A board of directors is a body of elected or appointed members who jointly oversee 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".
memorandum of association
公司章程A legal document setting up a corporation — either with or without limited liability — and including the company's name, purpose, and duration.
duty of care
谨慎责任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.
company formation
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. These terms are both also used 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 separate from the people who own or operate the company.
bonus
奖金 A premium paid in addition to what is due or expected
liquidation
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 damages) that before was uncertain. 2. The act of settling a debt by payment or other satisfaction. 3. The act or process of converting assets into cash, esp. to settle debts.
legal entity
法律实体
certificate of incorporation
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 to the formation of a company or corporation. It is a license to form a corporation issued by state government. Its precise meaning depends upon the legal system in which it is used.
statutory form
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.
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 capitalised 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 used 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.
articles of association
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 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.
bylaw
内部规章制度,次要法规,(社、团制定的)规章制度;
The official rules and regulations which govern a corporation's management. Drawn up at the time of incorporation, along with the charter.
extraordinary gengral meeting
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 used where the group would ordinarily hold an annual general meeting (AGM), but where an issue arises which requires the input of the entire membership and is too serious or urgent to wait until the next AGM. Members and/or shareholders must be informed of the purpose of the EGM so that they may attend in a position where they can discuss and exercise intelligent judgment, otherwise any resolutions passed are invalid.
annual general meeting (AGM)
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) 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.
board of director
董事会
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization.
duty of care
注意义务
fiduciary duty
诚信义务
conflict of interest
利益冲突
balance sheet
资产负债表
profit-and-loss account
损益类账户
bonus issue
红股,或bonus share
capitalisation issue
资本化发行
liquidation
清算
auditor
审计员
director
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
promote
①促进者;倡导者;推动者 ②(公司等的)发起人,创办人 ③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
proxy
代理人;代表,尤用于公司法中 授权 授权委托书;代理委托书
receiver
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
shareholder
n.股东;股票持有人 share:股份 份额
UNIT 7
CONTRACT LAW:Contract Formation
acceleration
n.提前到期,加速到期Clause in a contract requiring the obligor to pay all or a part of a payable
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