Lesson 1 Law and Its Classifications Glossary
1.Congress
2.Senate
3.House of
Representat
ives
4.prosecutor
5.precedent
6.procedural
law
7.substantive
law
8.administrati
ve
9.constitution
10.judicial
decision
11.jurispruden
ce
12.plaintiff
13.defendant
14.damages
15.code
16.stare decisis
17.remedy
18.civil law
https://www.doczj.com/doc/367961443.html,mon
law
20.case law
21.judge-made
law
22.enforceable
23.statute
24.legislation
25.legislative
26.constitution
al law
27.criminal
law
28.public law
29.private law
Brainstorm
?What are the characteristics of U.S. legal system?
Brainstorm
?Based on Common Law
?Stare decisis
?The importance of lawyers
?Emphasis on procedures
?Jury system
?Adversary system
?Two parallel court systems
?Constitutional supremacy
Summary
?The 4 classifications of law
?civil law v. common law: definitions, distinction
?The principle of stare decisis
I. WHAT IS LAW
Law consists of enforceable rules governing relationships among individuals and between individuals and their society. This very broad definition of law implies the following:
(1) To have law, there must be established rules, such as constitutions, statutes, administrative agency regulations, and judicial decisions.
(2) These rules must be capable of enforcement; that is, law and order must prevail with resolution in a judicial system.
(3) The rules must establish approved conduct by which individuals deal with each other and participate in society.
I. WHAT IS LAW
National laws are made in Congress, which is part of the legislative branch and is made up of the House of Representatives and the Senate.
Congress can make laws on all kinds of matters, such as setting speed limits on highways or regulating how much radon may be found in drinking water.
During each Congress, senators and representatives introduce numerous bills. Bills are passed by Congress and then signed into law by the president.
II. CLASSIFICATIONS OF LAW
QUESTIONS:
?What is civil law system?
?What is common law system?
?What is the primary distinction between civil law and common law systems?
?What is stare decisis?
?What is the difference between civil law and criminal law?
?Explain the two ways that the words civil law are used in this chapter.
?Define substantive law and procedural law.
?Is contract law substantive law or procedural law? What about a rule specifying that a defendant has 30 days to respond to a complaint?
II. CLASSIFICATIONS OF LAW
Civil law is the name of a particular system of jurisprudence that is followed in a great many countries of the world.
Put in its simplest form, we can say that civil-law systems are those based on legal codes (or statutes) that spell out a society’s basic laws on a variety of subjects, such as acts that constitute crimes, tax obligations, and rules about owning and transferring property.
II. CLASSIFICATIONS OF LAW
The basis of common law is not a comprehensive code:
Rather, the basic building block of common-law system is case law, which is composed of decisions handed down by judges who rule on individual cases.
Because each judicial opinion serves as a precedent for later decisions, as a result, common law is sometimes called judge-made law.
Common-law judge have very wide powers of interpretation to apply previous judicial rulings and to interpret statutes.
II. CLASSIFICATIONS OF LAW
The most obvious distinction between civil law and common law systems is that 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.
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.
This principle is known as stare decisis.
II. CLASSIFICATIONS OF LAW
The claim that common law is created by the case law is only partly true, as the common law is based in large part on statutes, which the judges are supposed to apply and interpret in much the same way as the judges in civil law (eg the Sale of Goods Act 1979, the Uniform Commercial Code).
II. CLASSIFICATIONS OF LAW
Procedural law establishes the rules or the guidelines—that is, the procedures—under which our legal system operates.
Substantive law embraces rights, obligations, or limitations applicable to people and businesses in a variety of situations.
Exercises
Translate the following terms into English.
国会参议院众议院提出（议案等）
检察官
先例
程序法
实体法
公法
私法
Lesson 1 Criminal Law: An Overview
?CRIMES
?PRINCIPLES OF CRIMINAL RESPONSIBILITY
?PROOF BEYOND A REASONABLE DOUBT
Summary
Definitions of criminal law (penal law), vicarious liability, strict liability.
●Elements of crime: a criminal act, criminal intent, (harmful result, law).
●Criminal act: a voluntary act, or failure to act (determining factor?);
exception: vicarious liability.
●Criminal intent: four forms;
exception: strict liability.
●Proof beyond a reasonable doubt: what does the state must do?
GLOSSARY
?offense, offender, offend, offensive
?commit
?civil wrong
?rob, robbery
?direct victim
?prosecute
?public attorney
?counsel
?violate, violation
?file charges against
offense, offender, offend, offensive
?offense/offence (n.)（广义）犯罪，违法行为
其他词义：
冒犯；攻击：O~ is the best defense.||take ~(at) （对某事）生气
?offender (n.) 罪犯
?offend (v.) 冒犯，违犯
其他词义：使厌恶；得罪：be ~ed at/by sth.;
be ~ed with/by sb.
?offensive (a.) 冒犯的，攻击性的
commit (vt.) 犯（罪），干（坏事）
e.g. ~ a crime, ~ a mistake
其他词义：
使承担义务，使投入：~ oneself to (do/doing) sth.
花（时间、钱等）：~ one hour to reading news every day
引申：
commitment (C.) 奉献，献身：~ to sth.；承担责任；承诺
committee 委员会（用作单数）；全体委员（用作复数）
commission (C.)
委托、授权：go beyond one’s ~
佣金、回扣：draw a 10% ~ on each sale
委员会（执行某种职能的专门机构，比committee大）：the Military Commission of the Central Committee of the Chinese Communist Party
counsel (pl.同)律师
其他词义：
(U., vt.)忠告，建议：take one’s own ~将意见（或计划）保密||take ~ together共同商量
同义词：
lawyer, attorney
同音：
council 委员会，议会
引申：
consult 咨询；商议；查阅
consultant 顾问
consultancy 咨询服务；顾问公司
consultative
impose (vt.)处以（惩罚等）
imposition 强加
e.g. Violations of the criminal law result in the imposition of punishment. When punishment is imposed in a criminal case，It is for one basic reason…
impose的其他词义：
征（税等）；把…强加于（on）：~ sth. on sb.
prosecute (vt.)对…提起公诉
e.g. For this reason, crimes are prosecuted by public attorneys representing the community at large…
引申：
prosecutor, prosecution
intent (U) 【法律】意图，目的
e.g. because we would otherwise have a system of criminal justice that punishes on the basis of intent.
其他词义：
to/for all ~s (and purposes) 几乎在一切方面，实际上
a. 专注的，坚决的：be ~ on going
引申：
intend (vt.)打算，意指：What do you ~ to do/~ doing?
intention （普通用语）意图，目的（of）
He ___ his dictionary to ___ the meaning of “misdemeanor”.
The president often ___ his consultants.
consult, consult with, look up
There are 3 ___ in this department. Each ___ consists of 20 members.
The ___ differ in opinions.
committee, committees
His ___ to science won him a Nobel Prize.
commit, committee, commitment, commission
The king decided to ___ more taxes on the peasants.
compose, dispose, expose, impose, oppose, propose, suppose
Mr Wang was wrongfully ___ by the police for two days.
detained, retained, sustained
If you were offended ___ my words, please believe me that I never meant to hurt your feelings. at, of, on, with
Washing hands before eating can significantly prevent the ___ of diseases.
emission, commission, omission, submission, transmission
_______ reading will broaden your horizon, while _______ reading will increase your knowledge in certain fields.
extensive, intensive, intent, intentional, tense, intense
用rob的恰当形式填空：
In the ___ last month, the bank was ___ by five ____.
?What is criminal law?
?How a crime differs from a civil wrong?
?Which was not a felony under the English common law?
A. burglary
B. rape
C. incarceration
D. arson
4. What is the line between felonies and misdemeanors under modern penal codes?
5. What is the objective of criminal law according to this text?
6. Which is not an element for criminal responsibility?
A. tort
B. criminal act
C. mens rea
D. provisions in law
7. What factor determines one’s failure to act legally liable?
8. “Actus reus” means_____
A. a bad thought
B. a criminal act
C. punishment
D. no-fault liability
9. What is mens rea? What kinds of mens rea does the Model Penal Code provide?
10. Who must prove an accused guilty in a criminal action? How can he or she satisfy the jury in order to get a conviction?
I. CRIMES
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. I. CRIMES
Generally speaking，an offense punishable by death or imprisonment in a state prison is a felony；an offense for which the maximum punishment is a monetary fine，incarceration in a local jail，or both，is a misdemeanor.
I. CRIMES
II. PRINCIPLES OF CRIMINAL RESPONSIBILITY
Instead，the law requires the existence of both a bad act（actus reus）and a bad state of mind（mens rea）as a basis for the imposition of criminal responsibility.
Note that two other conditions must also exist for a crime to have been committed. First, the person’s act must have caused a harmful result. Second, state or federal law must define the conduct as criminal.
II. PRINCIPLES OF CRIMINAL RESPONSIBILITY
Elements of a crime: 犯罪本体要件，包括了犯罪行为和犯罪意图。
II. a. The Criminal Act
The Model Penal Code states that “a person is not guilty of an offense unless his liability is based on conduct that includes（1）a voluntary act or（2）the omission to perform an act of which he is physica lly capable.” In other words，a defendant must have done something illegal or failed to do something legally required.
II. a. The Criminal Act
Failure to Act.
The determining factor is whether there is a legal duty to act，not just a moral one.
II. a. The Criminal Act
Vicarious Liability.
In vicarious liability，the defendant is held liable for the wrongdoing of another person.
*This question often arises in an employer-employee context.
II. b. The Mental Element
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.
四种犯罪意图：蓄意、明知、轻率、过失。
*In a hunting area, hunter A shot B dead. Suppose…
?A saw his enemy C among a group of hunters, then A fired at the group to make sure C was killed. B was one of the unlucky victims.
?A saw B standing near a deer, knew he wasn’t a very good shot, b ut fired anyway.
?A didn’t see B was near the deer and, although he should have known there might be other hunters nearby, failed to look around and fired at the deer and the bullet hit B.
II. b. The Mental Element
Strict liability.
Thus, criminal liability can be imposed if a legislature has defined a certain behavior as criminal even if fault cannot be proven—that is, strict liability.
II. b. The Mental Element
*Criminal strict liability can be imposed in the following cases:
Motor vehicle safety:
Speeding, overweight, etc.
Alcohol:
A bartender sold wine to a guy who looked 25 but was in fact 17.
Minors:
An adult male argued that he did not know the age of the 15-year-old girl with whom he had sexual intercourse.
III. PROOF BEYOND A RASONABLE DOUBT
The state must overcome this presumption of innocence by proving every element of the offense charged against the defendant beyond a reasonable doubt to the satisfaction of all the jurors. Exercises
Translate the following terms into English.
?重罪?轻罪?谋杀罪?非预谋杀人罪
?抢劫罪
?《模范刑法典》
?不作为
?替代责任
?意图
Lesson 2 Criminal Law: Types of Defenses to a Criminal Charge Summary
Self-defense
Defense of others
Defense of home and property
Necessity
Consent
Resisting unlawful arrest
GLOSSARY
?alibi ?justification ?excuse ?procedural defense ?self-defense ?defense of others
?defense of home and
property
?necessity
?consent
?resisting unlawful arrest
?deadly force
?assault
defense/defence (n.)抗辩
【其他词义】
防御；防御能力：Russia and the West must reach an agreement on the issue of missile defense. 【引申】
(vt.)为…辩护；防卫
?defender
(n.)守卫者；（体）后卫
?defensive (adj.)
?defendant
【辨析】
?offend, offence/offense, offender, offensive justification (C) 正当理由
【引申】
?justify (vt.) 证明…正当；为…辩护
justify (doing) sth.为…辩护
be justified in (doing) sth. 有理由做
excuse (n.)可得宽恕
【其他词义】
借口，理由
(vt.)原谅，宽恕：Excuse me, please?
(vt.)为…辩解：Nothing can excuse such behavior. (vt.)(from)使免除（责任、惩罚等）
excuse sb. for sth.原谅某人…
excuse sb. from sth.允许某人不…
necessity (U) 紧急避险
【其他词义】
必要；迫切需要；(C)必需品：
【搭配】
of necessity 必定：It must of necessity be so.
【引申】
?necessary, necessarily, necessitate
e.g. The situation _____ strong measures.
e.g. Food that looks good doesn’t ______ taste good. consent (c.) 同意
【其他词义】
(vi.) (to)：准许，赞成
【搭配】
?by common consent 经一致同意
resisting unlawful arrest 抗拒非法逮捕
resist (vt.) 抗拒；反抗
【搭配】
resist sth./sb. 反抗：resisting an attack
resist doing sth. 忍住：resisting laughing
【引申】
?resistance
(U) (to) 反抗；抵抗力；(U/C)电阻
?resistant
(a.) (to) 抵抗的，有抵抗力的：water-resistant ?resistor
(C)电阻器
?persist, persistence, persistent 坚持，维持：The cold weather will persist over the district. law enforcement officer 执法人员
?enforcement (U)执行；强制
【其他词义】
?enforce sth. on/upon sb.
?officer (C)军官；官员；高级职员
【辨析】
?official (C)官员，高级职员；(a.)官方的，正式的
officer 多指武官，official多指文官。
assault (vt.) 袭击
【其他词义】
(n./v.)（武力或口头的）攻击
【辨析】
?insult (n./v.) 侮辱，辱骂
dwelling (C) 住所
【引申】
dwell (vi.) 居住
dwell on/upon 老想着；详述；凝视：Glory has no time to dwell on defeat. unconsciousness (U)无意识
【引申】
?unconscious (a.)
?conscious (a.)神智清醒的；(of)意识到的
【辨析】
?conscience (n.)良心，良知
?conscientious (a.) 凭良心的；勤勉的
e.g. One must be ____ of one’s shortcomings.
provocation (n.) 激怒（挑拨）
【引申】
?provoke
(vt.) 激怒；激起：provoke sb. to do / into doing
?provocative
(a.) 挑衅的；挑逗的
Reading questions (A)
1. Why is alibi different from all other defenses?
2. Which is not a restriction on self-defense?
?Immediate threat B) Reasonable force
?No path to retreat D) Only use non-deadly force
3. Which is wrong about defense of home and property?
?Normally deadly force can not be use in the defense of property.
?One who shot an armed robber during the robbery can be justified.
?Home can only means one’s owned house.
?In the defense of home, one does not need to consider the path of escape rule before using force.
4. Which is wrong about Crown v. Dudly Stephens?
?It was not a case from the U.S..
?It is a classic case of the defense of necessity.
?Two sailors ate another sailor in order to survive.
?The defense of necessity was not successful in the case.
II. JUSTIFICATIONS
*What is the difference between justifications and excuses?
Justification defenses are premised on the belief that an accused has a right or duty to commit what normally is a crime.
Excuse defenses rest on the notion that the intent associated with the wrongdoing should be negated or mitigated due to mental incapacity.
a. Self-defense
This defense strategy makes the claim that it was necessary to inflict some harm on another in order to ensure one’s own safety in the face of near-certain injury or death.
a. Self-defense
?No path of escape
无路可退
(2) Reasonable force: … appropriate in a given situation and is not excessive.
合理的武力：…在特定情况下没有超过必要限度的
(3) Deadly force cannot be used against non-deadly force.
致命武力不可用来对付费致命武力
(4) Physical force
身体上的武力
b. Defense of others
*“alter ego rule”另一个我；他我规则。
Such rule applies when a person acts to protect another who has a lawful right of self-defense.
… the same restrictions that apply to self-defense also apply to the defense of a third party.
…适用于自我防卫的限制同样适用于防卫第三人。
c. Defense of home and property
In most jurisdictions the owner of property can justifiably use reasonable, non-deadly force to prevent others from unlawfully taking or damaging it.
…the use of deadly force to protect property is not justified unless the perpetrator of the illegal act may intend to commit, or is in the act of committing, a violent act against another human being.
c. Defense of home and property
For purpose of the law, one’s “home” is one’s dwelling, whether owned, rented, or merely “borrowed”.
The re treat rule … is subject to what some call the castle exception… it is not necessary for one to retreat from one’s home in the face of an immediate threat, even where such retreat is possible, before resorting to deadly force in protection of the home.
d. Necessity
Necessity, or the claim that some illegal action was needed to prevent an even greater harm…
d. Necessity
Crown v. Dudly & Stephens (1884)
3 sailors and a cabin boy were set adrift (ad. 漂流) after a shipwreck (海难). After a number of days at sea without rations (口粮), 2 sailors, Dudly and Stephens, decided to kill and eat the cabin boy.
At their trial, they argued that it was necessary to do so or they would all have died. But the court refused this defense and sentenced them to death. Why did the court refused their defense of necessity?
d. Necessity
* Consider this case:
A husband found his wife lying unconscious on the kitchen floor. He immediately drove her to the hospital. It turned out that there was nothing seriously wrong with her. But the husband violated the speeding limit on their way to the hospital. Could he use the necessity defense successfully?
e. Consent
The defense of consent claims that whatever harm was done occurred only after the injured person gave their permission for the behavior in question.
f. Resisting unlawful arrest
…a person may use a reasonable amount of force, other than deadly force, to resist an unlawful arrest or an unlawful search by a law enforcement officer if the officer uses or attempts to use greater force than necessary to make the arrest or search.
III. EXCUSES
Reading questions (B)
1. What does duress mean? Can it be called coercion?
2. If X drugged Y and induce Y to rape a teenage girl, Y can use the defense of ______
A) age B) unconsciousness
C) duress D) involuntary intoxication
3. Diminished capacity is more similar to ___
A) duress B) voluntary intoxication
C) insanity D) unconsciousness
4. What is the meaning of procedural defenses?
a. Duress
Duress has been defined as any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would).
a. Duress
Duress is generally not a useful defense when the crime committed involved serious physical harm…
b. Age
Many states set the sixteenth birthday as the age at which a person becomes an adult for purposes of criminal prosecution. Others use the age of 17 and still others 18.
c. Mistake
“mistake of law”—not a useful defense because “Ignorance of the law is no excuse”
“mistake of fact”--*can not be used against a strict liability crime
d. Involuntary Intoxication
Either drugs or alcohol may produce intoxication.
毒品或酒精都可以引起醉态。
e. Unconsciousness
f. Provocation
As a rule, the defense of provocation is generally more acceptable in minor offenses than in serious violations of the law.
g. Insanity
…insanity is a legal definition and n ot a psychiatric one.
h. Diminished Capacity
…the defendant’s mental state was impaired at the time of the crime.
h. Diminished Capacity
IV. PROCEDURAL DEFENSES
Procedural defenses make the claim that defendants were in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed and that, as a result, they should be released from any criminal liability.
Exercises
Translate the following terms into English.
程序抗辩可得宽恕正当理由不在犯罪现场
责任减等
精神病
精神健全
精神病学的
激怒
Lesson 3 The American Court System
Glossary
●federal
●superior
●trial court
●limited/ general jurisdiction ●appellate
●party
●lawsuit
●plead
●before
●hold
●testimony
Summary
1. According to paragraph 1, which is true?
A) There are fifty-two states in U.S..
B) Court systems in U.S. are quite alike.
C) A state court system is established by the U.S. constitution.
D) State courts are inferior to federal courts.
2. The Federal Supreme Court can hear decision of a state supreme court when ____________.
3. State trial courts of general jurisdiction may not be called ________ courts.
A) district B) superior
C) circuit D) small claims
4. Name three state trial courts of limited jurisdiction.
5. How many states have intermediate appellate courts?
I. STATE COURT SYSTEM
I. STATE COURT SYSTEM
I. STATE COURT SYSTEM
?State trial courts of limited jurisdiction
Small claims courts
Municipal courts
Domestic relations courts
Probate courts
?State trial courts of general jurisdiction
?Names:
county/ district/ superior/ circuit courts
?Jurisdiction:
(1) have jurisdiction over a wide variety of subjects, including both civil disputes and criminal prosecutions.
(2) may hear appeals from courts of limited jurisdiction.
I. STATE COURT SYSTEM
?State courts of appeals
?Names:
Courts of appeals, appellate courts
?Jurisdiction:
An appellate court panel of three or more judges reviews the record of the case of appeal, which includes a transcript of the trial proceedings, and determines whether the trial court committed an error.
上诉法庭中由三名或更多的法官组成的合议庭审查上诉案件的纪录，包括初审程序的副本，以判定初审法院是否犯了错误。
I. STATE COURT SYSTEM
?State supreme/ highest courts
?Definition
The highest appellate court in a state.
?Names
Supreme court, court of appeals
?Jurisdiction
The decision of each state’s highest court on all questions of state law are final.
各州最高法院的判决对于所有该州法律问题所作的判决都是终局的。
II. THE FEDERAL COURT SYSTEM
II. THE FEDERAL COURT SYSTEM
II. THE FEDERAL COURT SYSTEM
?U.S. district courts
?*Names:
“U.S. District Court for the District of …”
?*Amount:
94
?Jurisdiction:
（1）U.S. District Courts conduct trials concerning federal matters, such as federal crimes and enforcement of federal statutes.
联邦地区法院审理涉及联邦问题的案件，如联邦犯罪和执行联邦法律所产生的案件。
（2）Moreover, it is possible to sue a federal court even though the claim is based on state law when the plaintiff and defendant are from different states and countries.
另外，原告和被告如果来自不同的州或国家，那么即使他们可以根据州的法律来主张权利，他们仍可以诉诸联邦法院。
II. THE FEDERAL COURT SYSTEM
?U.S. courts of appeals
?*Names:
“U.S. Court of Appeals for the 1st/ 2nd/…/11th Circu it”
“U.S. Court of Appeals for the District of Columbia Circuit”
“U.S. Court of Appeals for the Federal Circuit”
?*Amount:
13
II. THE FEDERAL COURT SYSTEM
?Supreme Court of the United States:
?Jurisdiction:
?Although the Supreme Court has original, or trial, jurisdiction in rare instances (e.g. , in legal disputes in which a state is a party, cases between two states, and cases involving ambassadors)…
虽然最高法院对极少案件具有初审管辖权（例如，州作为一方当事人的法律纠纷、两个州之间的案件、涉及大使的案件）…
(2) The Supreme Court can review any case decided by any of the federal courts of appeals, and it also has appellate authority over some cases decided in the state courts.
最高法院可以审查任何联邦上诉法院判决的案件，并且有权审理某些州法院判决的上诉案件。Exercises
Translate the following terms into English.
有限管辖权限制管辖权诉讼标的刑事诉讼判决
法官
证言
较高级的
较低级的
中级的
当事人
诉讼
诉状，诉请镇、郡
初审法院州最高法院
联邦最高法院
联邦地区法院
市镇法院
上诉法院
巡回法院
Lesson 4
THE JURY SYSTEM Glossary
layperson deliberation witness
jury trial guilty
indictment
plea
the accused
imprisonment
prosecute
verdict
deliberation (常作~s)审议
指陪审团退庭后秘密进行的审议过程。
e.g. it permits them to carry on deliberations in secret…
它允许他们进行秘密审议…
【引申】
deliberate
(v.)仔细考虑；商议
(a.)深思熟虑的；蓄意
e.g. ~ murder
jury 陪审团
视语境，可指一个陪审团，也可指陪审团全体人员。如：The jury finds the person guilty.
The jury were disagreed.
【搭配】
jury trial= trial by jury 陪审团审
a hung jury 无法作出判决的陪审团
jury box 陪审席
plea (n.)答辩
（对所控罪名服或不服的）申诉，答辩；辩护
e.g. …the plea has not been accepted by the prosecution…
答辩不为控方所接受。
【搭配】*plea bargain 认罪辩诉协议
【引申】
plead (v.)辩护；辩称
e.g. ~ a case before the court
~guilty to a crime
the accused (n.) 被告
可以指被控告的一人或多人。
e.g. an accused in the United States is entitled to a trial by jury…在美国，刑事被告有权获得陪审团审判…
【引申】
accuse (vt.) 控告，谴责
e.g. ~ sb. of (doing) sth.
imprisonment (n.)监禁
e.g. the punishment may exceed sis months’ imprisonment…
刑罚可能是六个月以上监禁刑…
【引申】
imprison
(vt.)关押，监禁
e.g. They ~ed him.=They put him in prison.
prosecute (vt.) 对…提起公诉
e.g. …the defendant is prosecuted as an adult.
被告被以成年人起诉。
【引申】
prosecution (U)起诉，告发；执行，贯彻
e.g. …the plea has not been accepted by the ~…
A jury trial is a trial of a lawsuit or criminal ~…
prosecutor 检察官
verdict (C.) （陪审团）裁决
e.g. At the conclusion of the evidence the judge will sum up the case to the jury before they retire to reach a verdict.
证据展示结束，陪审团退庭去做裁决之前，法官会给陪审团就案件作出总结。
instruct (vt.)指示
专用于法官对陪审团就法律适用要点作出说明。
e.g. If the evidence is weak the judge can instruct the jury to acquit the accused.
如果证据不充分，法官可以指示陪审团作出无罪裁决。
【其他词义】
教导：~ sb. in sth.；命令
【引申】
instruction (U)教导；(常pl.)指示，命令，适用说明
instructor 教练，导师，讲师
convict (vt.)宣判…有罪
e.g. …there is no actual judicial power to instruct juries to convict an accused.
没有指示陪审团判被告有罪的司法权。
【搭配】
to ~ sb. of a crime
【引申】
conviction (n.)定罪；信念
judiciary (n.)司法系统；【总】法官
e.g. Ineligibl e persons are members of the judiciary and others involved in the justice system…
不合资格的人员包括司法人员及其他司法系统有关人员…
panel
法院陪审员名单上的全体
即法院召集而来的一批候选陪审员。
e.g. The panel is selected at random and any party to the proceedings can inspect the panel from which the jurors will be chosen.
陪审员名单随机产生，任何一方当事人都可以对其审查，从中选出陪审员。
*注意：虽然本课出现的panel都指上述含义，但在不同语境，panel还可以指正式在法庭上听审的那组陪审团，即相对于jury。
【其他词义】
嵌板，镶板；控制板，仪器表；专家咨询组
challenge (vt.) 申请…回避
e.g. Challenging Jury Membership: Either party has the right to challenge the presence of a juror…
申请陪审员回避：任何一方当事人都有权利申请某陪审员回避…
【其他词义】
反对；质疑；挑战
e.g. to ~ a ruling
Summary
How many laypersons are there in a jury?
Who is entitled to jury trial in U.S.?
The roles of the jury and the judge in a jury trial
What is “jury trial” and “court trial”?
What is “grand jury” and “petit jury”?
Reading questions
?How many laypersons are there in a jury? What does “layperson” mean?
?Who will face a jury trial according to U.K. law? How about in the U.S.?
?What is the role of the jury and the judge in a jury trial?
?Can a judge overrule the jury’s verdict?
?Who is eligible for jury service? Who is ineligible?
?Which party can inspect the jury panel?
?What does “jury trial” mean? How about “court trial”?
?What does “grand jury” do? How about “petit jury”?
TEXT
It recruits a group of no more than 12 laypersons…
…an accused in the United States is entitled to a trial by jury whenever the case is originally brought into federal court and involves an offense for which the punishment may exceed six months’ imprisonment and in which the defendant is prosecuted as an adult.
I. THE ROLE OF THE JURY
The jury’s function during a trial is to decide the facts of the case.
It is the judge’s function, inter alia, to explain the law to the jury…
The judge conducts the trial, decides any legal issues that arise during the trial and controls the evidence the jury is allowed to hear.
III. TRIAL BY JURY
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.
This is distinguished from a “court trial” in which the judge decides factual as well as legal questions, and makes the final judgment.
III. TRIAL BY JURY
jury trial vs. court trial (bench trial)
IV. GRAND JURY
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.
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.
*jury trial procedure
deliberate
grand jury
instruct
verdict
jury vetting
Exercises
Translate the following terms into English.
大陪审团起诉书（陪审团）裁决陪审召集令
大陪审团小陪审团
陪审员名单
外行人士
证人
(刑事)被告
陪审员
Lesson 9 The American Constitution ?FEDERALISM
?SEPARATION OF POWERS ?JUDICIAL REVIEW
?THE BILL OF RIGHTS
glossary
?bind
?draft ?article
?the Bill of Rights ?amendment
?fundamental law
?federalism
?separation of powers
?judicial review
?civil rights and liberties
bind
(vt.) (bound; bound) 约束
?原文：It also lists the inalienable rights of the people that ~ them to cooperate for their general welfare.
?其他词义：
?1）捆绑、扎
?2）使结合，使黏合
?3）装订
?重要词组：
?be bound up in 热衷于，忙于
?be bound up with 与…有密切关系
draft (vt.) 起草
?原文：~ed in 1787, …
?其他词义：(n.)
?1)草案：a ~ for the constitution
?2)汇票：a ~ for $100
?Drafted in 1787, the Constitution contains fewer than 4,400 words, divided into seven short parts, called articles.
?The Bill of Rights (the first ten amendments to the Constitution) was added in 1791.
?Constitutional principles accorded special designation as constitutional laws are (1) federalism, (2) separation of powers, (3) judicial review, (4) civil rights and liberties.
?(NOTES) constitutional law, constitution
?federalism: 联邦制，联邦主义
?引申：
?federal；
?federation: 同盟，联盟，联邦政府；
?confederate 联合的；
?confederation 联盟；邦联：the Articles of C~ 《邦联条例》；the C~ 【美史】13州邦联fundamental law 根本法
?fundamental (a.) 基本的，根本的：~ rights
?其他词义：
?(n.) （常pl.）基本原理，基本原则：The ~s of Constitutional Law 《宪法原理》
judicial review 司法审查
?judicial (a.)司法的；审判的
?引申：
?judiciary (n.) （the ~）司法部；司法系统；审判人员
civil rights and liberties
公民权利和自由
?civil (a.) 公民的；民事的：~ law and criminal law
?其他词义：
?文明的，有礼貌的：~ society
?引申：
?civilian 平民；civilize 使开化；civilization 文明
?liberty (n.) 自由（权）
?引申：
?liberal (a.) 自由的；大方的；开明的
?liberate (vt.) 解放
delegate (vt.) 授（权），把…委托给(to)
?原文：The constitution ~s to the states authority to…
?其他词义：
?1) (vt.) 委派…为代表
?2) (n.) 代表：a ~ to the conference
?引申：
?delegation (n.) 委派；代表团：menbers on the ~
intrastate (a.) 【主美】州内的
?The states have the authority to regulate intrastate commerce, while the federal government is authorized to regulate interstate commerce.
?引申：
?intra- 表示“在内”——intracompany; intraday; intrapersonal
executive (a.)行政的
?the ~ branch 行政部门
?~ order 【美】行政命令
?~ privilege 【美】行政官员豁免权
?引申：
?execute (vt.) 实施，执行；处决：~ one’s duty
?execution (n.) 执行；死刑
override (vt.) (overrode, overridden) 撤销；使无效
?~ a veto 使否决无效；~ a suggestion 不接受建议
?其他词义：
?骑马经过；践踏；优先于、压倒：overriding interests
enact (vt.) 通过（法律）
enactment (n.) 法律、法规
?原文：Congress may override the veto and enact the bill as law.
?…legislative and executive enactments and orders
?引申：
?act 法令，法案
?enaction (n.) 法律的通过、制定
checks and balances （权力）制衡原则
check (n., vt.)制止，控制，牵制：a ~ to/on an action;
Each branch ~s the other two to prevent them from garnering or exercising power illegally. void (a.) 无效的
?原文：…declare null and ~ any statute or …
?其他词义：
?没有的，缺乏的(be ~ of): His style is ~ of affectation.
?搭配：
?null and void （法律上）无效的
?引申：
?voidable (a.) 可撤销的；可使无效的：~ contract
validate (vt.) 使生效
validity (n.) 效力
?原文：null or void (i.e., of no validity or effect)
?This case did more than validate the judicial review of legislative and executive enactments and orders.
?引申：
?valid (a.) 有效的；合法的
?invalid (a.) 无效的
provision (n.) 条款；规定
?原文：These ~s are organizational and jurisdictional.
?其他词义：
?1）供应（品）：a ~ of meat
?2) 预备，预先措施: make ~ for the future
?3) (pl.) 给养；口粮：~s are plentiful.
?引申：
?provide (vt.) 防备(against)；供给：~ sb. with sth. = ~ sth. to/for sb.
?provide for 供养；为…作准备：~ guests; ~ children
?provided (conj.) 只要，假如：~ that circumstance s permit, …
reservation (n.) 保留
?原文：Without this, all the ~s of particular rights or privileges would amount to nothing.
?其他词义：
?1）预订：Have you made your ~s?
?2) （给土著民的）居留地
?3）专用地，禁猎地，自然保护区：a military ~
?引申：
?reserve (v.) 储备，保存；预订
?reservoir (n.) 水库；（大量）储藏，蓄积
immunity (n.) 免除；豁免（权）
?原文：They demanded a “bill of rights” that would spell out the immunities of individual citizens.
?其他词义：
?免疫（力、性）
?引申：
?immune (a.) 有免疫力的（to）；豁免的（from）: be ~ to the disease; be ~ from taxation ?immunize (vt.) 使免疫
convention (n.) （正式）会议，大会
?原文：Several state ~s in their formal ratification of the Constitution asked for such amendments.
?其他词义：
?1)协定，公约（同treaty）
?2)习惯，惯例：international ~s
?引申：
?convene (vt.)召集：The Prime Minister ~d his ministers to discuss the matter.
?(vi.) 集会
?conventional (a.) 习惯的，常规的，普通的：~ weapons
ratify (vt.) （正式）批准，认可
ratification (n.) 批准，认可
?原文：Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.
?In 1865 the 13th Amendment formally outlawed slavery.
?outlaw (vt.) 使失效；取缔
?其他词义:(vt.) 剥夺… 的法律保护或公民权；放逐(n.) 逃犯；被剥夺公民权者；反叛者
?slavery (n.) 奴隶制
?引申：slave; slaver
exclusive (a.) 排他的；独有的
?原文：~ functions 独有的职能
?搭配：
?~ rights 排他的权利
?~ news 独家新闻
?引申：
?exclude (vt.) 把…排斥在外：~ sb. from the school
?exclusion (n.) 除外，排他：an attitude of ~
?include 包括；conclude 结束，断定；preclude 阻止，排除
discrimination (n.) 歧视
?原文：housing or employment ~
?其他词义：
?辨别、识别力
?引申：
?discriminate
?(v.) 辨别：~ one from another
?(vi.) 歧视：~ against
due process 正当程序
?原文：No person shall be deprived of life, … without ~ of law.
?due (a.) 应得的；正当的；预定应到的；到期应付的：give sb. ~ punishment; When is the plane ~ at Beijing?
?due to 由于
privilege (n.) 特权
?引申：
?privileged (a.) 有特权的
summary
?Definition of U.S. Constitution, federalism, separation of powers, judicial review and the Bill of Rights
?The 4 most publicized constitutional principles
?Authorities of states and federal government
?Establishment of judicial review
Reading questions A
?How is the U.S. Constitution defined?
?Which about the U.S. Constitution is right? _____
A. Made in 1791
B. 17 amendments
C. Longest in the world
D. 7 articles
3. What are the most publicized constitutional principles?
4. Which about the history before the Constitution is wrong? ____
A. In 1781 there was a weak central government.
B. Massachusetts, Vermont and New York had a war.
C. The national government before 1787 could made treaties.
D. New York once restricted the use of New York harbor.