法律英语阅读理解：The Law of Property财产法
法律英语学习-财产的取得
财产的取得美国财产法的法律规范来自三大法律渊源:普通法(common law)、成文法(statute)和衡平法(equity)。
法律权利指的是依据普通法和成文法产生的权利,衡平权利则来自于英国历史上的司法大臣(或称“大法官”, chancellor)根据公平和正义的原则产生。
在美国财产法中,财产大致对应的大陆法概念是物权。
财产是法律保护而不容他人侵犯的就物的利益,反映的是人与人之间就物的关系。
财产的取得方面的基本概念和原理学习是研究美国财产法首先会接触到的。
财产的取得分为原始取得和继受取得。
一、原始取得财产的原始取得(first possession)是指由于通过发现未被他人所有的物,从而取得该物的所有权。
财产的原始取得方式包括发现(discovery)、捕获(capture)和创造(creation)。
通过捕获取得物的财产权通常涉及野生动物,普通法的原则是私人通过对野生动物的实际占有可以获得对野生动物的所有权。
二、继受取得财产的继受取得(subsequent possession)是指取得曾经为他人所有的物的财产权,财产的继受取得方式包括拾得、赠与和时效占有。
关于拾得（find）,普通法的原则是:就拾得物,拾得人的权利优于除所有权人以外的任何人。
有效的赠与(gifts)需要三个要件,赠与者对财产所有权进行现时的、不可撤销赠与的意图;赠与者将赠与客体交付给受赠人;受赠人对赠与财产的接受。
赠与分为生前赠与(inter vivos)和临终赠与(causa mortis)。
临终赠与是赠与人预计死期将至时进行的赠与。
时效占有（adverse possession）是指没有法律依据占有他人财产者经过时效法规定的时间,在具备一定要件的情况下,将获得财产的所有权,而财产所有者将被禁止通过诉讼获得对财产的占有。
通过时效占有取得财产要具备四个要件:✓实际占有;✓占有是公开、众所周知和可见的;✓占有是敌意的或以主张所有权的方式占有;✓占有是持续的,达到成文法规定的时间。
法律英语一真题及答案解析
法律英语一真题及答案解析是在法律职业中扮演重要角色的一门技能。
无论是在律师事务所、法院还是国际组织中，都需要掌握良好的能力。
为了帮助法律从业人员准备考试，以下是一道真题及答案解析。
题目：Read the following passage and answer the questions that follow:"The crime of theft occurs when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. In order to establish theft, it must be proven that there was an act of appropriation, that the property belonged to another, andthat the appropriation was dishonest. The intention to permanently deprive the owner of the property is an essential element of theft."1. What is the definition of theft?2. What are the three elements that must be proven to establish theft?解析：1. The definition of theft is when a person dishonestly takes someone else's property with the intention ofpermanently depriving them of it.2. The three elements that must be proven to establish theft are:a. There was an act of appropriation - this means that the person took or used someone else's property without their permission.b. The property belonged to another - this means that the property was owned by someone other than the person who took it.c. The appropriation was dishonest - this means that the person took the property knowing that it did not belong to them and without the owner's consent.In addition to these three elements, the intention to permanently deprive the owner of the property is also essential for a theft offense. This means that the person who committed the theft had the intention of keeping the property for themselves and not returning it to the owner.To better understand this definition and its elements, let's consider a hypothetical scenario. Suppose John saw a valuable watch left unattended on a park bench. He took the watch and kept it for himself without trying to find the owner or return it. In this scenario, John committed theft because he dishonestly appropriated property (the watch) that belonged to another person with the intention of permanently depriving them of it. This example demonstrates all threeelements of theft, as well as the intention to permanently deprive the owner.In conclusion, theft is a crime that involves dishonestly taking someone else's property with the intention of permanently depriving them of it. To establish theft, three elements must be proven: an act of appropriation, ownership by another person, and dishonesty. The intention to permanently deprive the owner is also essential. By understanding these elements, legal professionals can effectively analyze and apply the law in cases involving theft.。
法律英语第一课翻译。
In the fifteenth century, however, equity law and equity case law developed into an independent legal system and judiciary (Court of chancery)which competed with the ordinary common law courts. 15世纪，衡平法和衡平判例法发展成独 立的法律制度和司法制度（大法官法 庭），大法官法庭与普通法法庭并列存 在。
Most fields of private law still consist primarily of case law and the extensive and steadily growing statutory continues to be subject to binding interpretation through case law. 私法的大多数领域主要包括判例法， 以及广泛的不断增加的成文法，这些 成文法继续通过判例法受制于有约束 力的法律解释。
The Period of the English Colonies
The Revolutionary War in America (1775-1783)
The Period of the United States
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Characteristics
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No one document, no handful of documents, can properly be said to reveal the character of a people or of their government.
法律英语：Encumbrance 财产负担
If the purpose of the transaction is to transfer property for security only, then the courts will hold the transaction a pledge.如果交易之目的只是因为担保而转让财产，法院将裁定此种交易是一种质押行为。
It is a charge on land.此是土地的抵押。
He decided1 to redeem2 the pledge.他决定赎回质押物。
Mineral rights are not mortgage in this jurisdiction3.在该司法管辖区，矿业权益不能用作按揭贷款。
A landowner who already holds land subject to a mortgage may wish to hypothecate his equity4.已经拥有被按揭抵押土地的所有人可能会希望抵押他的衡平法权益。
A lien5 against the property is granted to secure an obligation.准予对财产拥有留置权以保证义务之履行。
A pledge is something more than a mere6 lien and something less than a mortgage. 质押的性质超过纯粹留置，但却比不上按揭。
After the court imposed the lien, it usually issues a writ7 directing the sheriff to seize the property.当法庭判定留置权后，其通常签发一令状，指示司法行政官扣押该财产。
Mortgage is a security interest in real property.按揭是不动产的一种物权担保。
法律英语学习 Fee Tail →Fee Simple
法律英语学习 | Fee Tail →Fee Simple/ Fee Tail /限嗣继承地产权Fee tail是一种常见的法律术语，是指土地的所有权可以被限定在特定的家族中，只有该家族的继承人可以继承这块土地。
这种土地所有权叫做"fee tail"。
具体来说，当土地契约中使用"the heirs of his body"这样的措辞时，就会形成fee tail，例如"to John Doe and the heirs of his bod y"。
Fee Tail →Fee Simple由于现代人们认为fee tail太过繁琐和低效，现在大多数美国司法管辖区已经废除了fee tail和这种契约措辞，取而代之的是创建fee simple（非限嗣继承地产所有权，地产的绝对所有权）。
此外，许多州还采用了禁止产生fee tail的法律规定，这种规定会将已经存在的fee tail土地所有权转变为fee simple。
比如，阿拉巴马州法律禁止创建新的fee tail，转让现有的fee tail时也会将其转变为fee simple。
在这种情况下，当事人可以通过straw man transaction(稻草人交易)将他们的fee tail转变为fee simple。
稻草人Straw ManIn property law, a straw man would be the person whom a grantor transfers land to for some reason; (sometimes known as a "front") for the sole purpose of concealing the true owner. Any transaction where there is a party representing another in a purchase where the property will be transferred is a straw man transaction.在财产法中，“稻草人”（名义上当事人）是授予人出于某种原因将土地转让给的人（有时被称为“幌子”），其唯一目的是隐藏真正的所有者。
法律英语沙丽金版阅读文本问题答案
Law1.What’s the relationship between civilization and law?The fairness of a nation’s laws and the extent to which the legal system justly administers the laws is a measure of the enlightenment, humanity, and degree of civilization of its people.2.What’s law?Law consists of the whole body of rules applied and enforced under the authority of established government in determining what conduct is proper and should be permitted and that which should be denied or penalized.3.Can you list the roles of law in society?Without law, there would be anarchy. Law is the means through which society is able to exist by providing protection for the individual; by establishing and maintaining order, health, and safety; by providing a peaceful means of dispute resolution; by providing stability and flexibility in economic relations between people; and by prohibiting conduct destructive to society.4. How can law be best understood?Law is best understood by viewing the legal system as a process——a means of pulling together society’s needs and goals and translating them into guides for fairness and reasonableness in conduct.5. What are the events that promote the development of the English legal system? Norman Conquest. William replaced the local and highly varied systems of law with a mon system of law.6. Why did the people in England petition to the King and what would be the result? Because of the extremely rigid, frequently overly technical procedural requirements of the mon-law system, people were sometimes unable to obtain fair relief in the courts. In time, some persons who felt that the form of relief was inadequate petitioned to the King directly.This practice gave rise to a second court system, called the Court of Chancery.7. What was the situation of equity courts in North America?American court systems in the nineteenth century resulted in simplification of judicial procedures and elimination of equity courts as separate courts in most states.8.Was the statutes developed fast in North America? Why?9. What are the disadvantages of statues and the advantages of the mon law rules?10. Who has the power to make the ordinances?The legislative body of a municipal corporationLegal System1.What is the relationship between the civil law system and Roman Law?The civil law is based on Roman Law.2.Who is the Justinian and what is his contribution?Byzantium Emperor.piling codes after the enthronement3.Which is the primary source of law in Europe, Roman Law or local laws?Local customs4.Why was the concept of codification developed in the 17th and 18th centuries?As an expression of both Natural Law and the ideas of the Enlightenment.5.What did the opponents of codification think about codification of law?Its opponents claimed that codification would result into the ossification of law.6.What is the main feature of mon law?Its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.7.What is the difference between statutes and regulations?Statues are enacted by a legislature, while regulations are promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature.8.Where should people go if they wanted to apply for injunctions before the 20thcentury? Why?Courts of equity. Only courts of equity have the authority to do it.9.What is the difference between the selections of judges in civil law countries andthat in mon law countries?Civil law judges are usually trained and promoted separately from advocates, whereas mon law judges are usually selected from acplished and reputable advocates.10.What are the differences in the criminal procedures of the two major legal systems?In general, the judge in a civil law system plays a more active role in determining the facts of the case. Most civil law countries investigate major crimes using a so-called inquisitorial system. Also, civil law systems rely much more on written argumentthan oral argument.Court System1.What is the main characteristic of the court system of the United States?Courts are operated in both state and federal governments.2.Are there any uniform rules for creating state courts?No. but it has a general pattern.3.What are the functions of the inferior courts at the bottom of the state judicialhierarchy?Trying minor civil cases involving small sums of money, and minor criminal cases involving light penalties and conducing preliminary hearings in the more serious criminal cases.4.Do all states have the same terminology for courts and judges? Please giveexamples.No. For examples, a man who sits on the highest court of New Jersey is called a justice of the supreme court of that state, while a man who holds an equivalent position in New York is called a judge of the court of appeals.5.What are the duties of the judges who sit on appellate courts?They do no trial work, being occupied exclusively in hearing appeals. They review the proceedings of trial courts upon the basis of written records. They hear oral arguments and read written arguments, called briefs, in an effort to discover whether errors were mitted in the trial court of such a nature as to require reversal of the judgment or a new trial.6.How many tiers of courts are there in the federal court system in the U.S.? What arethey?There are three levels of courts: trial, intermediate appellate and top appellate.7.Does each state have a federal trial court? What decides the number of the federaltrial court in each state?Each state has at least one United States district court.The population of the district8.What types of cases will be tried by federal courts?Prosecutions for federal crimes civil claims based upon federal lawcivil claims between citizens of civil actions.9.Which authority has the power to create federal circuit courts?Congress10.Does the Supreme Court of the U.S. review all the cases appealed? Dose theSupreme Court of the U.S. have the power to review all the decisions made by the state highest courts?No. Yes.Constitution1.What are usually established in a constitution?A constitution establishes the rules and principles by which an organization, orpolitical entity, is governed. In the case of countries, this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government.2.What are the examples that show the limitation imposed by the constitution to theorganizations in the United States?An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution.3.What are the relationships regulated by the U.S. Constitution?The relationship among institutions of the state. In a basic sense the relationship among the executive, legislative and the judiciary, but also the relationship of institutions within those branches.4.How do you describe an uncodified constitution?An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.5.Why is an unwritten constitution not an accurate synonym for uncodifiedconstitution?Because all modern democratic constitutions consist of some written sources,6.What do the codified and uncodified constitutions respectively result from?Codified constitutionsare usually the product of dramatic political change, such as revolution. Uncodified constitutions are the product of an “evolution”of laws andconventions over centuries.7.Is it easy to amend a constitution? Why or why not?No. an extraordinary procedure is required for constitutional amendments involve some procedures that makes obtaining a constitutional amendment more difficult than passing a simple law.8.What happens if there are conflicts between the constitution and a statute in acountry using codified constitution?All or part of the statue can be declared ultra vires by a court and struck down as unconstitutional.9.What are the sources of uncodified constitution of Britain?Written sources: e.g. constitutional statues enacted by the Parliament and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, customs and traditions.10.Are there any differences between the constitutional law and statutory law in statesusing uncodified constitutions?No. Both can be altered or repealed by a simple majority in Parliament.Criminal Law1.Who do ordinary people think of crimes?People think of crimes as acts that threaten public safety, security or morality.Crime can be defined as anti-social conduct that is sufficiently serious to require state intervention and punishment.2.What is the accurate definition of crime?A crime is any act or omission that is contrary to the criminal law.3.What are the elements that may establish a crime?Criminal liability, guilty mind,4.What is the standard of proof for the prosecution to prove that a person is guilty?Beyond a reasonable doubt that the defendant mitted the actus reus of the crime, while at the same time having the required mens rea5.What does the actus reus include?Conduct, circumstance and consequence6.Will all omissions lead to liability?No7.What are the circumstances where criminal liability has been imposed for anomission?8.What is shared by the cases about omission?A defendant has accepted or been placed under a duty to act, and his/her omissionconstitutes a failure to discharge that duty— the omission is no longer pure.9.In what kind of cases is causation required?The defendant’s conduct caused the unlawful consequence10.How is the subjective nature of criminal liability proved?Show a criminal state of mindCriminal Procedure1.What is the function of criminal procedure law?The law governing the series of procedures through which the substantive criminal law is enforced.2.What are the sources of criminal procedure law?The United States Constitution, (2) federal statutes (3) the Federal Rules of Criminal Procedure (d) local district court rules (e) rulings of federal courts based on their mon law decisional authority or their supervisory authority over the administration of criminal justice in the federal courts (f) the internal regulations of the Department of Justice and other agencies involved in the administration of the federal process.3.What is a known offence?Where the police conclude that a crime may well have been mitted, it will be recorded as a “known offence”4.Who has the power to conduct investigation before arrest?Police, prosecutorial and other non-police investigations5.What are usually done in the process of booking?The arrestee’s name, the time of his arrival, the offense for which he was arrested are noted in the police “log”, the arrestee also will be photographed and fingerprinted.6.How many types of charging instruments are there in the felony cases?plaint information, indictment7.Are there any differences between First Appearance and Preliminary Hearing?8.What will be done in the process of a grand jury review?Determining whether there is sufficient evidence to justify a trial on the charge sought by the prosecution. If a majority of the grand jurors conclude that the prosecution’s evidence is sufficient, they will issue the indictment requested by the prosecutor.9.What are the characteristics of criminal trial?（a）the presumption of defendant’s innocence (b) the requirement of proof beyonda reasonable doubt (c) the right of the defendant not to take the stand (d) theexclusion of evidence obtained by the state in an illegal manner10.How many types of sentences are used in criminal cases?Financial sanctions, some form of release into the munity, and incarceration in a jail or prisonCivil Procedure1.How do people resolve their disputes?One is to engage in “self-help”, by which you redress the wrong personally. Another is to contact the person who harmed you and demand some pensation or other remedies.2.Which way of settling disputes is acceptable in the society?Litigation3.Why is litigation a publicly funded dispute resolution?The taxpayers provide the courtroom, the judge, and the instrumentalities by which the dispute is resolved.4.Who usually initiates a civil litigation, a government or an individual?Individual5.Is civil litigation time consuming? Why?Yes. Because there are many more parts to the process than the trial,6.Why is the question of forum selection important?The decision implicates a variety of important doctrines. And there are questions of tactics and ideal for the defendant.7.What should be decided by a plaintiff and his /her lawyer before filing a suit?What to put in the plaint.8.Where can the elements of claims be found?Substantive law9.What is the function of civil procedure law?Civil procedure provides the mechanism—the process—by which disputes over such substantive claims are resolved. It provides a theoretically content-neutral mechanism for resolving disagreements. It establishes the method by which someone would vindicate a right given to her by the law.10.What are the stages in civil litigation?Pleadings, motions, discovery, possible pretrial adjudication, conferences, and meetingsTorts1.What are the functions of tort law?The purpose of torts is to pensate an injured party through the award of damages for the injuries incurred during a tortious act.2.What is the difference between a tort and a crime?The difference is that a tort is a wrong against an individual, whereas a crime is a wrong against society as a whole.3.How do you prove the intent of a defendant?Intent is most often proved through circumstantial evidence: the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.4.What are the elements of false imprisonment?(a)Intent to confine a person within a certain area (b) actual confinement(c) Awareness of plaintiff of the confinement or injury to plaintiff due to confinement;and (d) Prevention of exit or no safe exit possible by plaintiff5.What needs to be proved in case of trespass?An act, coupled with the intent to cause entry by the defendant, and an invasion of the plaintiff’s land6.What does standard of care mean?As a general rule, all persons are under a duty to conduct themselves in such amanner as not to create unreasonable risks of physical harm to others.7.How do you make defense for a negligent conduct?Contributory or parative negligence and assumption of the risk8.What is the difference between the two types of parative negligence?Pure parative negligence simply means that if a plaintiff is 90 percent at fault, he or she can still recover 10 percent. Another name for partial parative negligence is 50percent rule, which means that if the plaintiff is more than 50 percent at fault, he or she cannot recover.9.In what situation is the defense of assumption of risk applied?The plaintiff’s own actions trigger this defense, which is the plaintiff’s knowing and voluntary consent to encountering a known danger.10.Can a plaintiff get recovery if the defendant has no fault under strict liability doctrine?Why?Yes. Legal fault stems from a deviation from a standard of conduct needed to protect society and its citizens.Contact1.In what situation is there an implied contract?An implied contract is one that is inferred from the conduct of the parties.2.What is the difference between bilateral contracts and unilateral contracts?A bilateral contract is one in which the parties exchange promises to do some futureact. A unilateral contract is one in which one party acts immediately in response to the offer. The response is in the form of immediate action rather than a mutual exchange of promises.3.What is the difference between a void contract and a voidable contract?A void contract is a nullity from its beginning, and damages do not result. Avoidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.4.What are the key elements for the formation of a contract?(1)the capacity of parties; (2) offer and acceptance (3) Consideration5.How does a corporation enter into a contract?The law creates a legal fiction that corporations are persons.6.Are the shareholders of a corporation involved in the contract concluded by thecorporation?No.This device allows corporations to sue and be sued and to conduct business transactions as entities without involving individual shareholders.7.What may decide the capacity of a person to enter into a contract?The age of the individual or from a party’s being mentally incapable of understanding the ramifications 后果of the contract8.Are there any special provisions about minors’ making contract? What are they?Minors are under an obligation to return any consideration received under the contract9.How can misunderstandings about terms in plex contracts be avoided?plex contracts often contain sections that clearly define certain terms.10.How do you decide whether the two parties of a contract have the mutualagreement?On an objective standard, and the subjective intent of the parties is usually irrelevantLaw of Corporation1.Why was the corporation proved to be an ideal instrument for the industrialdevelopment?It could raise large amounts of capital from numerous investors and yet provide centralized direction of large industrial concerns.2.Who has the power to approve the individual corporate charter originally?State legislatures3.Which state is the winner in the race of attracting panies?Delaware4.What is the procedure for the formation of a corporation?Filing an appropriate document with a state official, and paying the appropriate fee 5.What can corporations do as artificial persons?The artificial person may conduct a business or businesses in its own name much in the same way that a “real” person could.6.What is the most obvious advantage that a corporation has?The corporation is unlimitedly liable for the debts and obligations of the business but the shareholders are not, since in theory all debts are the artificial entity’s obligations, not the shareholders.7.Why does a corporation have continuity of life?The existence of the corporation is not dependent on who the owners or investors are at any time. If shareholders die, or decide to sell out, the corporation continues to exist as a separate entity.8.How do you understand the sentence “the corporation does not have a limited lifespan”?It does not really mean that all corporations will continue until the end of time but rather that a corporation will continue indefinitely until the owners decide to dissolve it or merge it into another business.9.What rights do shareholders have?Very specific rights such as a limited right to inspect the books and records of the corporation10.Who has the right to decide the transfer of shareholders’ ownership of interests?oneselfIntellectual Property1.How are intellectual property and intellectual rights defined?Products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in merce.Rights given to people over the creation of their minds2.Are “ideas” the product of the mind? And are the “ideas” protected by intellectualproperty law?Yes, no3.What do the various kinds of intellectual property have in mon?Patents, copyrights, industrial designs, trademarks and confidential information 4.Why do the intellectual property rights have much in mon with the rights associatedwith real property?Intellectual property rights can be assigned or bequeathed.Intellectual property is itself intangible, it will be embodied in real objects.5.Do the different intellectual property rights have the same history? Why?Each of the diverse intellectual property rights has its own separate history.6.What is the shaping of the intellectual property law closely related to?Change economic and social conditions7.Are there any differences in the attitudes towards intellectual property rights? Whatare they?Important economic assets rewards for mental laborA reward for individual creativity products of the market8.In what way the ownership in intellectual property is limited?Time9.How are most intellectual property actions settled?Most are settled at the pre-trial stage and the usual remedy, where the claimant is successful, is a permanent injunction together with costs.10.What are the remedies in intellectual property cases?Delivery up, damages and an account of profits。
法律英语试题
法律英语证书（LEC）考试简介随着中国入世和对外开放的逐步深入，法律英语的重要性日渐凸现。
然而，由于法律英语的特殊性，国内一直没有一个科学的考核指标衡量法律从业人员专业英语的掌握程度。
法律英语证书（Legal English Certificate，简称LEC）全国统一考试由总部设在美国的美中友好交流促进会与中国政法大学共同研究推出，目的是为从事涉外业务的企业、律师事务所提供招募国际性人才的客观标准，同时督促国内法律从业人员提高专业英语的能力。
法律英语证书全国统一考试试题由其考试委员会全体委员共同设计、决定。
考试委员会五十名成员由来自国内外的法律英语专家、学者、著名律师担任。
该考试的题型、考察内容与美国的律师资格考试相近，同时又突出了法律英语语言运用的特色，并结合中国的实际增加了法律英语翻译测试。
考试分试卷一和试卷二，各需三个小时完成。
试卷一为多项选择题，内容涉及美国宪法、财产法、知识产权法、侵权法、商事组织法、民事程序法、刑法及刑事程序法等，重点考察合同法、商事组织法、侵权法、知识产权法及财产法的知识；试卷二是主观题，包括法律英语英汉互译和法律英语写作两项，其中法律英语写作将重点考察office memo, case brief 及律师信函的写作格式及作文内容。
从事涉外法律业务的工作人员，想提高自身专业英语能力的法律从业人员，立志从事涉外法律职业的在校法学院学生、外语学院学生，以及打算出国（尤其是美国、加拿大）攻读法学专业的人士都可以参加法律英语证书（LEC）全国统一考试。
法律英语证书考试属水平考试，满分为200分，试卷一和试卷二分别在60分以上、总分在125分以上为合格。
该考试证书是从事涉外法律服务工作的专业英语水平权威证明；该考试也是赴美攻读法学专业，及取得美国律师职业资格的可靠保证。
法律英语证书全国统一考试每年举行两次，分别将在5月份和12月份的最后一个周六举行，暂时只设中国政法大学考点。
法律英语何家弘11-19课翻译
第十一课财产法第一部分简介The law of property财产法是美国法律体系中的核心制度之一，它在自由市场经济中为计划活动提供了必要的确定性和稳定性。
和其他的制度一样，它内部也存在大量的不一致和范例。
在接触许多之后，讨论将会转向那些影响私人财产紧张关系上。
如通过土地所有权转让带来的集体义务和个人自由之间的紧张关系。
The disscussion will讨论将转向既作为公共职能机制的管理者和在机构内部时常独立者的政府角色，它试图更进一步自己的政策目标，对后一种角色的全面讨论将留到后面的土地使用模式之处。
它作为公共机制的管理者的角色是在美国革命后，在形成政府法律地位的过程中考虑到财产才开始的，她表明了财产法主题的演变过程，从绝对权力的僵硬原则到经常被调整去提高社会目标的一系列权利义务。
I will than discuss我将讨论在这一制度中律师的角色。
他既作为建议的提供者又作为讨论者。
每一角色都有为公和为私的姿态。
这里可能是也可能不是简短讨论职业标准和法律职业责任的地方，但事实上，美国不动产法律经常利用律师的专业地位。
例如关于产权或为第三者保存契约之安排的观点。
The modern real estate现在不动产律师履行者许多独立但内部有关联的活动。
任何参与者冒险的成功不仅仅取决于他自己在交易关系中的关系也取决于他不是一方当事人的交易领域的关系。
使用人体做个类比，律师经常承担着循环系统，连接着全部的器官和提供大量互相合作的权利义务体系。
如果与开发商洽谈合同的建筑方想获得保障那么他或她很可能根据关于建筑费率表的合同获得工资，建筑商律师便会在查阅银行和开发商间建设贷款合同去了解从该建设贷款中逐次提取资金以支付此费用的时间和条件。
如果一个有意投资者想知道当开发商在完成建设后违约时他的债务，他的律师便会通过检阅开发商长期财政记录获得信息。
基于律师的发现，投资者可能要求开发商提供履行定金。
If the lawyer如果律师在不动产交易中为一个主要参与者（土地所有者，开发商，出借者）服务，他的作用便是缔结合同、条约和那些描述双方商业意图及定义双方基于合意或法律所期待的行为的文件。
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法律英语阅读理解：The Law of Property财产法The old common law1 was preeminently the law ofreal property；and the distinction between “real property” and “personal property3” was a crucial one.Generally speaking， real property means realestate -1and and buildings ---- but it also includes such things as growing crops. Everything else ---- money， stocks and bonds， jewelry， cars， carloadsof lumber， IOUs， bank deposits- is personal property. We all have a stake in real estate， since we all live somewhere； and we work， study， and travel somewhere， too. Everyone is a renter or an owner， or lives with renters or owners. But for most of us，that as far as the law is concerned the word property means primarily real property； personal property isof minor importance.Actually， personal property is legally a minor field. There is no single， special field of law devoted to personal property. Personal property is what contract law， commercial law， and bankruptcy law ---- yes， and torts， too ---- are all about. But there are so many special rilles about real estatethat it makes sense to treat this as a separate field of law.Property law is still one of the fundamental branches of law， and real estate is a significant branch of law practice. Yet property law is a mere shadow of its former self， legal speaking. In fact，one of the major developments in our system， if you take the long view， is the relative decline of real property law. In medieval England， it would have only been a slight exaggeration to say that land law was the law of the land. When Blackstone published his “Commentaries” midway through the eighteenth century， one whole volume was devoted to land law. A modern Blackstone would shrink the topic to a fractionof this bulk ---- 5 or 10 percent， at most， of the total law.Medieval England lived under a feudal system. Power and jurisdiction ---- the cornerstones of wealth and position in society were based on land and land alone. The “lord” was a person who held an estate ---- a person with ownership， mastery， control over land. A person without land was a person with no real stake in affairs of state. The common law， as the royal law courts expounded it had little to say to men and women without land， who were the majority of the English population. In America， at one time， only persons who had interests in land were entitled to vote or hold office. The New York constitution of 1777， for example， restricted the right to vote for state senators to men who owned “freeholds” with $100 or more， free and clear of debt （Article X）all this， of course， has ended； land is only one form of wealth. A great and powerful family is onethat controls mighty enterprises， rather than onethat rules vast estates.Property law still covers a rich and varied group of subject. To begin with， it asks. What does it mean to “own” land？ How can I get title to land and how can I dispose of it legally？ There are issues about deeds， joint ownership， and land records and registration； and problems of land finance，including rules about mortgages and foreclosures. There is the law of “nuisance”， which restricts me from using my land in such a way as to hurt my neighbors， pouring smoke or sending bad smells onto his land， for example. There are the law of “easements” and the exotic law of “covenants” （especially those that “run with the land”）：these deal with rights a person might have in his neighbor's land ---- rights to drive a car up his driveway， to walk across his lawn， or to keep him from taking in boarders. These are not rights of ownership；rather they are “servitudes” ---- restrictions or exceptions to the owner's rights， in favor of those another.The common law was ingenious in carving up rights to land into various complex segments called “estates”。
These could be either time segments or space segments. A “life estate” （my right to livein a certain house， for example， until I die）， is a time segment； so is a three-year lease of a farm or apartment house. Space segments include air rights （the right to build on top of certain property） and mineral rights （the right to dig underneath it）。
Nowadays， the condominium is also popular； I can own a slice of some building thirty stories above the ground. The common law was also quite ingenious in devising forms of common or joint ownership， with subtle technical differences between them.There are also all sorts of “future interests” known to the common law. Suppose I leave my house to my sister for life， and then to any of her children who might be alive when she dies. The children have a future interest； that is， the time they will get the house is postponed to some far-off date. But thefuture event is certain to happen， and thus thefuture interest can have value and reality now， while my sister is very much alive. The law of futureinterests developed in a most gnarled and complicated way. Its intricacies drove generations of law students to despair.Another important， fairly new， branch ofproperty law is the law of “land use controls”。