大学法律英语综合教程重中之重.doc

公法Public law :the body of law dealing with the relations between private individuals and the government.
私法Private law :the body of law dealing with private persons and their property and relationships.
刑事Criminal law :defines breaches of duty to society at large.
民事Private duties owed by one person to another are established by civil law

大陆法Name of a particular system of jurisprudence that civil-law systems are many countries of the world
普通法The basic building block of common-law system is case law
两者差别：civil law system is a codified system , whereas the common law is not created by means of legislation but is based mainly on case law.
遵循先例原则：The principle is that earlier judicial decisions, usually of the higher courts, made in a similar case, should be followed in the subsequent cases, i.e. that precedents should be respected
程序法：procedural law establishes the rules or the guidelines-that is the procedures-under which our legal system operates
实体法：substantive law embraces rights, obligations, or limitations applicable to people and businesses in a variety of situations.

94个联邦司法辖区：ninety-four federal judicial districts

刑法的定义criminal law：Hence, we can define criminal law as a branch of modern law which concerns itself with offenses committed against society，members thereof，their property，and the social order.

陪审团作用：The jury’s function during a trial is to decide the facts of the case
陪审团审A jury trial： is a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury
法官审court trial： This is distinguished from a “court trial” in which the judge decides factual as well as legal questions, and makes the final judgment
小陪审团The petit jury： listens to the evidence offered by the prosecution and the defense (if it chooses to offer any) during a criminal trial and returns a verdict of guilty or not guilty.
大陪审团The grand jury,：on the other hand, does not determine guilt or innocence, but only whether there is probable cause to believe that a crime was committed and that a specific person or persons committed it

美国宪法定义The Constitution in America :is a voluntary agreement among citizens that specifies national rules of governance and expresses the fundamental principles of justice.
四个宪法原则：federalism，separation of power，judicial review，civil rights and liberties
三权分立：
立法权The Legislative, composed of the House of Representations and Senate
行政权The Executive, composed of the President, Vice-President, and the Departments
司法权The Judicial, composed of the federal courts and the Supreme Court
司法审查Judicial review： is the power and duty vested in the U. S. Supreme Court to declare null and void any statute or act of the federal government or of any state government that violates the U. S. Constitution.
司法审查的由来麦迪逊案：What judicial review meant, however, was not articulated until 1803, in case of Marbury v. Madison.
This case did more than validate (i.e., give legal force to) the judicial review of legislative and executive enactments and orders.

刑法定义criminal law ：as a branch of modern law which concerns itself with offenses committed against society，members thereof，their property，and the social order.
四种犯罪意图：The Model Penal Code defines four mental states that apply to the commission of crimes: (1) intent (or purpose) to perform the act or cause the result, (2) knowledge of the act’s nature or outcome, (3) recklessness, and (4) negligence

正当理由Justifications ：
Self-defense正当防卫
Defense of others我他防卫
Defense of home and property家庭财产
Necessity紧急避险
Consent
Resisting unlawful arrest抵制非法逮捕
可宽恕的excuses：
Duress强迫
Age年龄
Mistake过失
Involuntary intoxication非自愿
Unconsciousness无意识
Provocation怒
Insanity精神病
Diminished capacity责任减免