法律英语分享

lz坐标上海外国语，以下是法律英语课期末复习整理，有需要的可以自主学习

1.The legal procedures that determine how a lawsuit is begun, how the trial is conducted, how appeals are taken, and how a judgment is enforced are called procedural law.
2. Public law deals with the relationship between the state and individuals and affects the public generally.
3. Private law is the part of law that defines the rights and duties between private individuals.
4. “sources of law” is used to describe methods and procedures by which law is created and developed, or the origin from which particular laws derive their authority or coercive force.
5. The civil law countries have codified their law so that the main source of law in those countries is to be found in the statutes rather than in the cases.
6. Under the common law system, however, statutes as well as cases are sources of law. This means that when a judge decides a case, not only does this resolve the dispute between the litigating parties, but it also further decides all similar cases that might arise in the future.
7. The American judicial system, reflecting the overall decentralized nature of its government, comprises a large number of federal and state courts.
8. Stare decisis, Latin for “let the decision stand.” In other words, courts rely on stare decisis. the precedents established by previous court decisions in deciding current cases of similar legal issues and facts
9. Constitutional law in its essentials, is an expression of how people want to live as individuals within an organized society.
10. The Supreme Court was established by the Constitution. It consists of nine justices appointed for life by the president with the advice and consent of the Senate.
11. Judicial review. In that case the Supreme Court decided that judicial control was not limited to the review of state law for its constitutionality. It extended to examination and review of federal laws as well.
12. From this derives the abstention doctrine, under which federal courts relinquish jurisdiction in certain circumstances in order to avoid needless friction with the administration of state affairs.
13. Preemption doctrine: it applies to matters which are considered to have such a national character that federal laws must supercede state laws with regard to them. / if a state law conflicts with a valid federal law, the courts will invalidate the state law because it is preempted by a comparable federal law.
14. The Bill of Rights today is the main source of basic rights. It guarantees, among other things, the freedom of expression, the freedom of the press, the freedom of religion. the right to assembly, the right to be secure in one's home, the right to bear arms. the right to due process in judicial and administrative proceedings.
15. Due process of law is thought to mean that any law that potentially can deprive one of life, liberty or property should contain certain basic procedures to assure fairness.