法律英语整理

法律英语

一．名词解释

1.【civil law system】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. 大陆法系

2.【common law system】under the common law system, however, statute as well as cases are sources of law. 英美法系

3.【constitutional law】is an expression of how people want to live as individuals within an organized society. 宪法

4.【separate the power】of the government among the three governmental among the three governmental branches: the executive, the legislative, and the judiciary. 三权分立

5.【judicial review】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. 司法复审

6.【preemption doctrine】are considered to have such a notional character that federal laws must supercede state law with regard to them, if a state law conflicts with a valid federal law, the court will invalidate the state law because it is preempted by a comparable federal law. 抢先原则

7.【abstention doctrine】under which federal courts relinquish jurisdiction in certain circumstances in order to avoid needless friction with the administration of the state affairs. 回避原则

8.【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. 正当法律程序

9.【a contract】is a manifestation of the mutual assent of the parties. 合同

10.【implied-in-fact】when the parties manifest their agreement by conduct rather than by words, it’s said to be implied-in-fact. 事实默示

11.【implied-in-law contracts】are quasi-contracts, because the obligation is created by law in absence of agreement, to prevent unjust enrichment. 法律默示

12.【waiver】has been define as the passing by of an occasion to enforce a legal right, whereby the legal right is lost. 弃权

13.【force majeure】are events which are beyond the control of the parties. 不可抗力

14.【anticipatory repudiation】which repudiate the contract before performance is due. 先期违约

二．中译英

1. 在联邦制的架构中，每个州都有实质性的自主权，有自己的宪法、自己的立法机构制定的法律，以及自己的法院作出的判例法。

Within the federal structure, each state has substantial autonomy. Each has its own constitution, statutes made by its own legislature, and a body of case law created by its own courts.

2. 如果纠纷涉及数州，而这些州在有争议的问题上又有不同的实体法，那么法律选择就成为至关重要的问题。

If a dispute involves several states that have different substantive laws concerning the questions at issue, the choice of law becomes a crucial question.

3. 侵权使用的法律就是侵权行为地法。

The law applicable to a tort is the law of the place of injury.

4. “因循先例”的原则使法律具有一定程度的稳定性和预见性。

The principle of stare decisis gives the law a measure of stability and predictability.

5. 宪法限制了最高法院的初审管辖权，但把建立下级法院（这一事项）留给了国会立法。

The Constitution limits the original jurisdiction of the Supreme Court but leaves the establishment of inferior courts to federal legislation.

6. 美国政府是一个由互相独立并分享权力的机构组成的政府。

The United States government is a government of separate institutions sharing powers.

7. 宪法将政府权力分给三个政府部门，它也规定了制衡以防对权利的可能的误用。

The Constitution distributes governmental power among the three branches of government. It also provides for checks and balances to prevent possible misuse of power.

8. 司法复审的原则通过使有关权力分配的争议成为可提起诉讼的要求使法治得到保障。

The doctrine of judicial review assures the rule of law by making issues concerning the distribution of governmental power an actionable claim before the courts.

9. 宪法是妥协的结果，通过妥协各州把一部分权力让给了新的联邦政府。

The Constitution is a result of compromise, by which the states yielded a portion of their power to the new federal government.

10. 对于宪法中某些笼统的有关国会权利的条款的司法解释造成了联邦立法权的扩大。

Judicial interpretation of certain general clauses in the Constitution with regard to the power of Congress has resulted in an expansion of the federal legislative power.

11. 政府部门的分权和为防止误用权力的制衡是保护个人权利的机制。

The separation of power among the governmental branches, with checks and balances to prevent a misuse of power, is a mechanism to protect individual rights.

12. 权利法案由宪法的前十条修正案构成，它保障了宗教自由和言论表达自由，还有其他。

The bill of rights consists of the first ten amendments to Constitution. It guarantees, among other things, the freedom of religion and the freedom of expression.

13. 为了避免多数人的专政，少数人的利益必须得到保护。

In order to avoid the tyranny of the majority, minority interests must be protected.

14. 合同是双方当事人的协议。要使协议具有约束力，双方必须有合意。

A contract is an agreement between two parties. For the agreement to be binding, there must be a meeting of the minds between the parties.

15. 有些合同会因为有失公平或没有拒不履行的一方所签署的字据证明其合同义务而不可实施。

Soma valid contracts may be unenforceable because they are unconscionable or because they lack a signed writing which documents the contractual obligation of the party resisting performance.

16. 虽然合同法的有些领域已被制成法典，美国合同法的大部分仍是判例法。Though some areas of contract law have been codified, the bulk of contract law in America is still case law.

17. 实质性履行的原则允许受损的一方尽管做了不当履行仍能获得赔偿。

The doctrine of substantial performance allows the injured party to recover in spite of defective performance.

18. 商业上受挫是一种使一方的合理预期落空的情况。它可以是不履约的有效条件。

Commercial frustration is a condition that frustrates the reasonable expectation of a party. It may be a valid excuse for non-performance.

19.当双方均未完全履行合同时，可以通过相互解约终止合同。

The parties may terminate the contract by mutual rescission when none of them has performed in full.

三．英译中

1. Each of the fifty states has its own set of courts having an overall structure that parallels that of the federal court system.

五十个州各有其自己的一套法院，该法院系统总体上与联邦法院系统相同。

2. The federal constitution, effective since 1789 and thus today the oldest operative constitution in the world, is the core of the American legal system.

联邦宪法是美国法律制度的核心，它于1789年起生效，因此是当今世界至今仍有效的历史最悠久的宪法。

3. The doctrine of consideration requires that the promisor receive a benefit for the promise he makes and the promise, while gaining the benefit of the promise, relinquish something or incur a detriment.

对价的原则要求允诺者因他所作的承诺而获利，而接受允诺者在从允诺中得利时，也有所舍弃或损失。

4. Compliance with the conditions, regardless of whether expressed or only implied in the contract, is part of the performance required under the contract. 服从合同中明示或默示的条件是依约履行的不可分割的一部分。

5. A party to a contract may be relived from the duty to perform or from liability for breach if the other party wrongfully hinders or prevents him from performing , or has waived his right to insist (or has been estopped from insisting) on performance, or if performance becomes impossible or commercially impracticable.

在以下情况下，合同一方当事人可以被解除履行合同的义务或不承担违约责任：1）对方不当地阻碍或阻止其履行2)对方放弃了要求其履行的权利或因为禁止反言不得再要求其履行3）履行不可能或在商业上行不通

6. Breach includes, in addition to nonperformance, delayed performance in cases in which it was due at a particular time as a result of an express stipulation or implied condition, as well as defective performance.

违约除了不履行外，还包括在有明文规定或默示条件限期履行的案子中延误履行，以及不当履行。