法律英语阅读与翻译 Lecturer ：费维宝

法律英语实用教程主编：童路明

ISBN 7-5628-1864-9/D89 华东理工大学出版社

定价： 20 元

Nowadays, legal English is getting more and more important to Chinese people as China is rising in the world.

Statistics have shown that in mainland China the lawyers who can conduct negotiation with foreigners in English only amount to about 1,000.

College and universities are also short of teachers of legal English. Lawyers who know both law and English well are in greater need.

Unit One: Law and Law Courts

Wherever people live together in communities, there will always be disputes. Among animals, conflicts result in victory for the stronger or quicker. But human beings believe that in a dispute the one who is right should win. Sometimes the problem is so complicated that it can be settled only in a law court.

A law court is a meeting place set up by the government for the just( 正义 )and peaceful settlement of disputes and for the enforcement of law （执法） . Courts and methods of carrying out justice have changed as society has changed. Over the centuries the changes have been very great.

In the past, people in Europe often settled disputes in ways that seem extremely cruel and unfair to us. One method was called the cold-water ordeal （冷水考验法） . The accused person was tied and put into water. If he sank, he was considered innocent. If he floated, he was considered guilty and was punished. Another method was called hot-water ordeal （烫水考验法） . The accused person （被告） put his hand in boiling water and pulled out a stone. If his hand showed no injury after three days, he was considered innocent. In still another method, the accused had to swallow a big piece of food without choking on it （哽住，咽住） .

From these barbaric methods, however, developed through the centuries the present system of trials （审判制度） in courts of law （法庭） .

Courts handle two kinds of disputes: civil and criminal （民事和刑事争议） , but it is not always easy to tell the difference between the two. In general a civil case （民事案件） is a dispute between two private citizens. The court must decide which one is right. A criminal case （刑事案件） is a dispute between an individual and the whole community （社会） . A policeman claims （诉称） that the person has broken a law or committed a crime that harms（危害） the community. The court must decide（判决） if the person is guilty of this crime.

Laws are rules （规则） that define people’s rights and responsibilities towards society. They are agreed on （约定的，各方同意的）by society and made official by governments（由政府正式制定） .

Some people look on （看待） laws with fear or hatred. Laws seem to limit a person’s freedom to do many things he would like to. Though laws may prevent us from doing things we wish to do at the moment, laws also stop others from doing things that might harm us. Laws make everyone’s life safer and more pleasant. Without laws, we could not hold on to our property. We could not go to bed at night expecting to wake up in the morning and find we had not been robbed. No stores in which we buy food, clothes, and other necessities could stay open and sell to us. Our banks would not be safe places for our money. Social life would be impossible without laws to control the way people treat each other. But unless laws are enforced they cannot protect us.

Law enforcement （执法） has four steps: arrest of a suspect; decision （判决） about his guilt or innocence; sentencing （判刑） and punishment （刑罚） . Primitive tribes in ancient times settled the question of guilt or innocence quickly. Sometimes they used torture （拷打） . More common were trials by fights between the accused and the injured （受害方） or his representative. The winner was thought innocent, because primitive people believed that gods helped the innocent. Primitive societies used many punishments. For personal injuries （人身伤害） it was common to act according to the rule “an eye for an eye, a tooth for a tooth.” （“以眼还眼，以牙还牙”。） If a man knocked out someone’s tooth, his own tooth would be knocked out in return. Today, capital punishment （死刑，极刑） for murder is based on this idea: if a person kills someone, he must pay with his own life.

Regard for the public welfare is the highest law.

关注公众利益的法律是最高法律。 There is no general rule without some excep

tion. 任何法律都不能面面俱到。

Exercise I

Answer the questions according to the text.

1. For what purposes are law courts established? For the just and peaceful settlement of disputes

and for the enforcement of law.

2. What were the old ways to settle disputes? The ways that seem extremely cruel and unfair.

3. How did the present trial system develop? It developed from barbaric methods through the

centuries.

Exercise III Put the following expressions into Chinese or English. 1. civil law

民法 民事法庭

Civil court civil action

民事诉讼2. 公民权

civil rights civil servant公务员 civil marriage

公证婚姻（由政府官员证婚）

3. 刑法criminal law

criminal action

刑事诉讼 criminal court

刑事法庭

4. A hardened criminal

惯犯 criminal record

犯罪记录 刑事责任 criminal responsibility

5. enforce the laws

执行法律 enforce a debt/ enforcement of a debt

强制执行债务 强制执行合同条款 enforce the terms of a contract

6. Trade disputes

贸易纠纷 Labor disputes

劳资纠纷 解决纠纷

solve disputes

Exercise IV

Translate the following sentences either into Chinese or English ．

1 ．据说被告无犯罪记录。 It is said that the accused has no criminal record.

2. 无人认领在办公室发现的雨伞。 No one claimed that umbrella found in the office ．

3. 他向保险公司索赔 1000 美元赔偿金。 He claimed $1000 damages against his insu

rance company.

4. 我们必须给罪犯以应有的惩处。 We must bring a criminal to justice.

5. 法律只有得到实施才能保护人民。 Laws cannot protect people unless they ar

e enforced.

6.Wherever people live together in communities ，there will always be disputes.

6 ．无论人们聚居在哪一个社会，总会发生 争议。

7. Laws seem to limit a person's freedom to do many things he would like to.

7 ．法律似乎限制一个人的自由，使他不能随心所 欲。

8. Laws are agreed on by society and made official by governments.

8 ．法律由社会约定一致并由政府公诸实施。

9. Social life would be impossible without laws to control the way people treat each other.

9 ．没有法律来约束人们的相互行为，社会生活将成为不可能。

10. Capital punishment for murder is based on this idea: an eye for an eye, a tooth for a tooth.

10. 谋杀罪的判决是基于这个观念：“以眼还眼，以牙还牙。”

Part II Case Discussion

Jackson v Sports City Stadiums Ltd.

A minor ， who was a professional boxer, entered into an agreement to fight “win, lose or draw” for payment of $2,000. The agreement bound him to the rules of the American Boxing Board of Control. The rules stipulated that any boxer who was disqualified, forfeited his “purse”. In the match he was disqualified for hitting below the belt. He brought an action claiming that as a minor the agreement was not enforceable against him but was enforceable by him, hence he was entitled to the $2,000.

The court held that the agreement (and so the rules) amounted to a valid contract. Taken as a whole it operated for his benefit as a professional boxer. The rules encouraged “clean fighting” and this enabled him to pursue his career.

Questions: 1. Did the minor get the money after the m

atch? Why or why not?

1. No. because he broke the rules. 2. Was the agreement valid? 2. Yes.

3. Who won the case?

3. Sports City Stadiums. 4. What does the term “clean fighting” m

ean?

4. Play the rules.

Peter v William

A head gardener had been in conflict with his boss for some time. There was a lengthy period when his attitude and behavior were unsatisfactory. One day he decided to leave early instead of tending to his work which he was asked to do. He told his employer that he "couldn't care less about the bloody greenhouse and the sodding garden". He was instantly dismissed.

The court decided that the employer was justified in taking this action. The employee refused an order which was within the scope of his contract of employment and he was abusive in his refusal. The fact that there was a history of misconduct was also a relevant consideration.

Questions: 1. How was the gardener getting along with

the boss?

1. In conflict with boss. 2. Why was the gardener dismissed ?

2. He left early instead of doing what he was asked to do.

3. Who did the court support, the gardener or employer?

3. Employer, because the gardener refused to do what he should do.

4. What was the relevant consideration?

4. Misconduct for a long lime.

hold on to: If you hold on to something that gives you an advantage, you succeed in keeping it for yourself, and prevent it from being taken away or given to someone else.

V: versus. 对；诉。 (law 律 ) Rex v (ersus) Crippen

雷克斯对克里平案 . minor: A minor is a person who is still legall

y a child. In Britain and most states in the United States, people are minors until they reach the age of eighteen.

American Boxing Board of Control: 美国拳击运动管理委员会 stipulate: It was stipulated that the goods should be

delivered within three days. 按规定货物须在三日内送交 . disqualify: When someone is disqualified, they are

officially stopped from taking part in a particular event, activity, or competition, usually because they have done something wrong.

He was convicted of corruption, and will be disqualified from office for seven years...

forfeit: (have to) lose or give up (sth) as a consequence of or punishment for having done sth wrong, or in order to achieve sth （因做错事或为得到某事物）失去或放弃（另一事物） : Passengers who cancel their reservations will forfeit their deposit. 旅客取消预订票者 , 定金不予退还 .

如何阅读英文案例第一部分 :

案例通常由下列几个部分组成 :

一、案例名称（ Case Name ）；例如： Marbury v. Madison （马伯里诉麦迪逊） , v is short for versus. 是“诉”的意思。　　二、判决法院（ Court rendering the opinion ）；例如： New Jersey Supreme Court

（新泽西最高法院）。

三、卷宗号；案号（ Citation ）； 例如： 93 N.J324, 461 A. 2d 138 （ 1983 ）， 这说明该案出自《新西汇编》第 93卷，第 324页，以及《大西洋汇编》第二辑第 138页，该案判决于 1983年。

此处， A 是 Atlantic Reporter 的缩写。 像这种指明两个或两个以上出处的卷宗号叫作： “平行卷宗号”，其英语表达为 “parallel citation” ，意思是“ An additional refer

ence to a case that has been reported in more than more reporter.”

广义上卷宗号包括上述一、案例名称；二、判决法院。

四、主审法官姓名（ Justice wrote the opinion ）。

五、判决书 （ opinion: stating the issue raised, describing the parties and facts, discussing the relevant law, and rendering judgment. ）

判决书是整个案例的主体部分，其中包括法律争议（ Issue ）、双方当事人情况、事实经过、判决采用的相关法律以及判决结果。

判决书的阅读过程之中，要注意以下几点：1. 时态 , 主审法官的意见用现在时态；前审法院的意见用过

去时态。2. 主审法官的意见是法院意见。3 除法院意见外还有两种意见，它们被称为“反对意见”

（ dissenting opinion or dissent ）与“配合意见”（ concurring opinion ）。

Dissenting opinion: opinion offered by a judge disagreeing with the majority panel of judges' conclusion;

“反对意见”指不同意大多数法官判决结论之某一法官的意见；

Concurring opinion: opinion written by a judge agreeing with the majority's conclusion but not its reasoning.

“配合意见”是指同意大多数法官的意见，但是不同意判决结论的推理之某一法官的意见。

六、法庭投票（ Votes of the court ） 例如在七名大法官审理的情况下，有几名法官的意见是“维持原判”（ affirmance ），有几名法官的意见是“撤销原判、发回重审”（ reversal and remandment ）。

案例之中的卷宗号通常包括下列几个部分 : ： a. 案件双方当事人姓名（ the names of the

parties involved in the lawsuit ）； b. 包含案件全文的汇编卷号（ the volume

number of the reporter containing the full text of the case ）；

c. 该案例汇编的缩写名称（ the abbreviated name of that case reporter ）；

d. 案例开始的页码数（ the page number on which the case begins ）；

e. 案件判决年份（ the year the case was decided ）；

有时还包括 f. 案件判决法院（ the name of the court de

ciding the case ）。

举例说明 : Hebb v. Severson, 201 P.2d 156 （ Wash. 1948 ） . 在这个例子当中， Hebb是原告 (plaintiff), Severson 是被告 (defendant ）

我们可以在《太平洋汇编》第二辑 201卷第156 页（ volume 201 of the Pacific Reporter Second Series beginning on page 156 ）找到这一案例。

该案是由华盛顿州最高法院（ Washington State Supreme Court ）于 1948年判决的。

二、 如何阅读案例（ cases ）之中的 citation?确定卷宗号之中的缩略码。请对照下列列表，找出缩略码（ abbreviation ）的汇编全称（ full reporter title ） .

Abbreviation Title 汉语汇编名称） A. 2d. Atlantic Reporter, 2d Series 大西洋汇编第二辑

再举两例说明 : 例如： Morgan v. United States, 298 U.S.46

8, 56 S. Ct 906, 80L.Ed. 1288 （ 1936 ） 表示：摩根诉美国，收集在美国案例汇编第 298卷， 468页开始；

最高法院案例汇编第 56卷 906页开始； 美国最高法院案例汇编律师版第 80卷， 12

88页开始， 1936年判决。

Roe v. Wade - Then and Now　　 By Janet Benshoof

　　 On January 22 ， 1973 ， the United States Supreme Court struck down the State of Texas's criminal abortion laws ， finding that the right to decide whether to have a child is a fundamental right guaranteed by the U.S. Constitution. The 7-2 decision in Roe v. Wade would have an immediate and profound effect on the lives of American women. Before Roe ，it is estimated that “between 200,000 and 1.2 million illegally induced abortions occur[red] annually in the United States. ” As many as 5,000 to 10,000 women died per year following illegal abortions and many others suffered severe physical and psychological injury.

1973 年 1 月 22 日美国最高法院否决了德克萨斯州刑事堕胎法，判定决定是否生育的权利是一项由美国宪法保证的基本权利。Roe v. Wade 案件 7:2 的判决对美国妇女的生活产生了直接和深远的影响。

在 Roe 案件以前，据估计“在美国每年会发生 200 ， 000 到 1200 ， 000 次非法堕胎”。每年大约有 5 ， 000 到 10 ， 000 个妇女死于非法堕胎，其他许多妇女遭受身体上和心理上的伤害。

The Decision

　　 In its 1973 decision in Roe ， the Supreme Court recognized that a woman's right to decide whether to continue her pregnancy was protected under the constitutional provisions of individual autonomy and privacy. For the first time ， Roe placed women's reproductive choice alongside other fundamental rights ， such as freedom of speech and freedom of religion ， by conferring the highest degree of constitutional protection —— "strict scrutiny"—— to choice.

Roe 案件的判决　　在 1973年 Roe 案件的判决中，最高法院确认妇女决定是否继续怀孕的权利受到宪法上个人自主权和隐私权规定的保护。通过将宪法上的最高级别的保护－“严格审查”－赋予选择权， Roe 案件的判决第一次将妇女的生育权与其他基本权利并列，如言论自由和宗教自由。

affirmance: (上级法院 )维持 ( 下级法院的判决 )

affirm a judgment of the lower court维持下级法庭的判决