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单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,*,*,Objectives,Recognise,some of the features of legal English as a distinct set of genres.,Acquire or develop strategies for dealing with new vocabulary.,Recognise,frequently occurring vocabulary collocations.,Review the present and future role of English in the legal domain,Language and the law:Defining the relationship,Legal language does not only have a communicative function.In both its written and oral forms,it is the primary tool of the legal professional.Unlike physicians,who have instruments and procedure,engineers who have blueprints,computers and processes,and scientists who have laboratories,lawyers have only legal language.In fact,lawyers call their legal documents instruments.True,all professions have a body of thought and theory embodied in language,but for lawyers there is only one way of accessing this knowledge-through legal language.,WORDS,felony,重罪,1)A crime that is deemed serious enough to result in punishment by death or sentencing to a term in state or federal prison.Misdemeanors are only punishable by a term in county or local jail and/or fine.2)Any crime that carries a minimum term of more than one year in state prison because a shorter term can be served in county jail.Also referred to a high crimes,felony convictions may be for less than a year if the judge decides to lower the sentence.,Misdemeanor,Misdemeanor(,美,轻罪,(,与,felony,相对,英国,1967,年刑法条例已废除,misdemeanour,和,felony,之间的一切区别,),(n)Misdemeanor is the lower degree crimes like petty theft,simple assaults,driving with alcohol,traffic violations,public nuisance etc,which dose not warranty severe action and punishments but are dealt with fine and punishment for smaller term.,Common law,即以英美为代表的普通法系（,Common Law,）和以德日为代表的民法法系（,Civil Law,）,It was the unwritten laws of England which were formed from the ongoing day to day,judgement,and basis and which has still been used as common law in many countries.,precedent,判例,在普通法法系国家中，法律是以前例（,precedent,）为基础的；在民法法系中却是以制定法（,statute,）为基础的,It is a,judgement,or a decision taken by an appeal court in some previous case,which would form a basis of all similar cases or trials in the future.A lower court must follow a precedent(also called stare,decisis,)to ease the trial as they may have ready guidance and example of some prior decisions of similar case.,PARTIES,plaintiff,原告,He is a person who starts court action by filing a complaint with the clerk of the court against the defendants and seeks compensation from the court for damages to his rights,prosecutor,公诉人,The attorney/lawyer or government representative appointed by the government of state(as their,representer,)to prosecute someone for the criminal case on behalf of the plaintiff or government.,defendant,被告,During a criminal prosecution,the party charged with a crime,or in a civil lawsuit,the party being sued.Respondent is another term for defendant.,adversary,辩论式的,.,当事人主义的,The legal system in the United States is known as an adversary system.In this system,the parties to a controversy develop and present their arguments,gather and submit evidence,call and question witnesses,and,within the confines of certain rules,control the process.The fact finder,usually a judge or jury,remains neutral and passive throughout the proceeding,The 1995 trial of,O.J.Simpson,an actor,sportscaster,and professional football player accused of murdering his former wife and her friend,cast unprecedented scrutiny on the criminal justice system,and left many people wondering whether truth or justice play any role in its operation.Each day for over a year,the trial was televised in the homes of millions of people,most of whom had never seen the inside of a courtroom.They were fascinated and repelled by prosecutors and defense attorneys who argued relentlessly about seemingly trivial points.Even more disturbing to some viewers was the acrimonious name-calling that went on between the two sides as each attempted to discredit the others evidence and witnesses.,Inquisitional,纠问式的,An examination of certain facts by a jury impanelled by the sheriff for the purpose;the instrument of writing on which their decision is made is also called an inquisition.The sheriff or coroner and the jury who make the inquisition,are called the inquest.,beyond a reasonable doubt,be guilty beyond a reasonable doubt,犯罪证据确凿。从字面上，也可译为“在没有任何合理的怀疑的情况下，才能做出有罪判决”。,part of jury instructions in all criminal trials,in which the jurors are told that they can only find the defendant guilty if they are convinced beyond a reason-able doubt of his or her guilt.Sometimes referred to as to a moral certainty,the phrase is fraught with uncertainty as to meaning,but try:you better be damned sure.By comparison it is meant to be a tougher standard than preponderance of the evidence,used as a test to give judgment to a plaintiff in a civil(non-criminal)case.,the evidence,preponderance of the evidence,优势证据,the greater weight of the evidence required in a civil(non-criminal)lawsuit f
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