法律英语复习(二)
法律英语核心词汇
法律英语词汇汇总法律英语词汇汇总（一）law / lR:/ 法律draft / dra:ft/ 法案,草案bill / bil/ 议案clause / klR:z/ 条款legislation / ledVis5leiFEn/ 立法legal / 5li:gl/ 合法的,依法的法律英语词汇汇总（二）abolish / E5bRliF/ 废止,取消prescription / pris5kripFEn/ 剥夺公权judge / dVQdV/ 法官jury / 5dVuEri/ 陪审团lawyer / 5lR:jE/ 律师,法律顾问attorney / E5tE:ni/ 代诉人,代理人法律英语词汇汇总（三）inquiry / in5kwaiEri/ 询问,调查hearing / 5hiEriN/ 审讯,审问summary / 5sQmEri/ 速审examination / igzAmi5neiFEn/ 讯问,质问evidence / 5evidEns/ 证据arrest / E5rest/ 逮捕法律英语词汇汇总（四）responsibility / rispRnsE5biliti/ 责任liability / laiE5biliti/ 责任sue / sju:/ 起诉,提起公诉action / 5AkFEn/ 诉讼claim / kleim/ 诉讼cause / kR:z/ 诉讼,案件法律英语词汇汇总（五）suit / sju:t/ 诉讼,案件complaint / kEm5pleint/ 控告,申诉justice / 5dVQstis/ 审判judge / dVQdV/ 审理,审判trial / 5traiEl/ 审理plead / pli:d/ 辩护法律英语词汇汇总（六）claim / kleim/ 辩护plea / pli:/ 辩护evidence / 5evidEns/ 证词charge / tFa:dV/ 公诉书,刑事起诉书proof / pru:f/ 证据,证词evidence / 5evidEns/ 证据,证词法律英语词汇汇总（七）dock / dRk/ 被告席sentence / 5sentEns/ 宣判,判决convict / kEn5vikt, 5kRnvikt/ 囚犯,罪犯appeal / E5pi:l/ 上诉crime / kraim/ 犯法offence / E5fens/ 违法(美作:offense) 法律英语词汇汇总（八）criminal / 5kriminl/ 罪犯attempt / E5tempt/ 未遂罪threat / Wret/ 恐吓menace / 5menEs/ 恐吓murder / 5mE:dE/ 暗杀,行刺plot / plRt/ 结伙阴谋,共谋法律英语词汇汇总（九）theft / Weft/ 盗窃fraud / frR:d/ 欺诈penalty / 5penlti/ 处罚prison / 5prizn/ 监狱(美作:jail) prisoner / 5priznE/ 囚犯gaol / dVeil/ 监狱(美作:jail)fine / fain/ 罚款法律英语词汇汇总（十）allowance / E5lauEns/ 抚养费lease / li:s/ 租约transfer / trAns5fE:/ 转让assignment / E5sainmEnt/ 转让file / fail/ 文件will / wil/ 遗嘱heir / ZE/ 继承人tutor / 5tju:tE/ 监护人guardian / 5ga:djEn/ 监护人法律英语词汇汇总（七）dock / dRk/ 被告席sentence / 5sentEns/ 宣判,判决convict / kEn5vikt, 5kRnvikt/ 囚犯,罪犯appeal / E5pi:l/ 上诉crime / kraim/ 犯法offence / E5fens/ 违法(美作:offense) 法律英语词汇汇总（八）criminal / 5kriminl/ 罪犯attempt / E5tempt/ 未遂罪threat / Wret/ 恐吓menace / 5menEs/ 恐吓murder / 5mE:dE/ 暗杀,行刺plot / plRt/ 结伙阴谋,共谋法律英语词汇汇总（九）theft / Weft/ 盗窃fraud / frR:d/ 欺诈penalty / 5penlti/ 处罚prison / 5prizn/ 监狱(美作:jail) prisoner / 5priznE/ 囚犯gaol / dVeil/ 监狱(美作:jail)fine / fain/ 罚款法律英语词汇汇总（十）allowance / E5lauEns/ 抚养费lease / li:s/ 租约transfer / trAns5fE:/ 转让assignment / E5sainmEnt/ 转让file / fail/ 文件will / wil/ 遗嘱heir / ZE/ 继承人tutor / 5tju:tE/ 监护人guardian / 5ga:djEn/ 监护人法律英语词汇汇总（七）dock / dRk/ 被告席sentence / 5sentEns/ 宣判,判决convict / kEn5vikt, 5kRnvikt/ 囚犯,罪犯appeal / E5pi:l/ 上诉crime / kraim/ 犯法offence / E5fens/ 违法(美作:offense) 法律英语词汇汇总（八）criminal / 5kriminl/ 罪犯attempt / E5tempt/ 未遂罪threat / Wret/ 恐吓menace / 5menEs/ 恐吓murder / 5mE:dE/ 暗杀,行刺plot / plRt/ 结伙阴谋,共谋法律英语词汇汇总（九）theft / Weft/ 盗窃fraud / frR:d/ 欺诈penalty / 5penlti/ 处罚prison / 5prizn/ 监狱(美作:jail) prisoner / 5priznE/ 囚犯gaol / dVeil/ 监狱(美作:jail)fine / fain/ 罚款法律英语词汇汇总（十）allowance / E5lauEns/ 抚养费lease / li:s/ 租约transfer / trAns5fE:/ 转让assignment / E5sainmEnt/ 转让file / fail/ 文件will / wil/ 遗嘱heir / ZE/ 继承人tutor / 5tju:tE/ 监护人guardian / 5ga:djEn/ 监护人。
法律英语2
Lesson 1Good order is the foundation of all things.（E.Burke, British statesman）良好的秩序是一切的基础。
英国政治家, 伯克.EA better prospect for lawyers who are Legal English expertsmon Words with Different MeaningsClass action 集体诉讼A lawsuit brought by a representative member of a large group of people on behalf of all members of the group.Service 送达文书The act of delivering a writ or summons upon someone.eg: a service of a complaint 起诉书的送达examination 庭审中询问证人的程序The lawyer questions the witness in chief or the adverse witness during court trial.direct examination律师对本方证人的询问cross examination 律师对对方证人的询问personal property 动产private property 私有财产real property 不动产public property 公有财产2.SynonymWords have the same Chinese translation.物证书证document evidence物证real evidence 实物证据，如刀枪等demonstrate evidence 法庭上呈给法官看到示意图，如犯罪现场照片起诉书A formal document written for a prosecuting attorney charging a person with some offense. information 起诉书的签发主体是检察官indictment 起诉书的签发主体是大陪审团complaint 陪审团、检察官起诉前，对被告/嫌疑人提起诉讼的文书注：英美法中检察官和大陪审团都可以提起刑事诉讼。
法律英语第二单元(已修改完毕)
Unit 2 Sources of LawT ext ⅠSources of English LawDictionary work1、equity[ ♏♦♓♦♓]: 公平，公正；衡平法，指与普通法相对应的、由衡平法院在试图补救普通法的缺陷的过程中演变出来的、与普通法和制定法并行的一套法律原则和法律程序体系。
普通法和衡平法比较：普通法和衡平法在提供救济方面，无论其性质还是范围、程度都有很大不同。
普通法裁定严格、绝对地针对“物”〔in rem〕，即对双方当事人所提起的诉讼相关联的交易本身来进行裁决，而衡平法针对人裁决〔adjudi cating in personam〕。
这样，根据普通法，只能提供损害赔偿〔damages〕的救济，而根据衡平法，可令当事人依约特定履行〔specific performance〕或颁发禁制令〔injunction〕。
此外，衡平法还设立了一些普通法不曾有的新的权利，例如衡平法承认了信托项下的受益人权利。
2、operative：adj. 生效的、有效的、实施中的，become operative：开始实施；（短语或短句中）最重要的（词）the operative words:产生法律效果的词语，关键性词语3、institution：n.①社会公共机构②（诉讼等的）提起、开始③法律、规则、习惯、原则、原理④（法律、规则等的）制定、设立、创立4、accession：①同意，指对他人的请求表示同意的行为②就职、就任、即位③（国际法）（正式）加入条约、参加条约，指某一国家成为某一已由其他国家缔结而成的条约的一员，亦作“adherence”④（权利的）取得⑤添附、添附物，孳息5、directive：命令、指令6、implementation：实行、履行implement[ ♓❍☐●♓❍☜⏹♦]n.工具, 器具vt.贯彻, 实现v.执行7、（1）binding：Imposing or commanding adherence to a commitment, an obligation, or a duty:有约束力的：强制要求或命令履行承诺、义务或责任：binding arbitrati on具有约束力的仲裁; a binding agreement需要遵守的合约。
法律英语2
法律英语2TRUE OR FALSELESSON ONEF 1. A defendant can not bring in a new party.F 2. The judge also introduces his own witness.F 3. The adversary system helps to reduce the cost of litigation.F 4. In recent years, there has been a trend toward strengthening the adversary system in America.T 5. Critics of the adversary system think that the role of the judge should be greater.LESSON TWOF 1. For a court to hear a case, it must have subject matter jurisdiction over the case or personal j urisdiction over the parties.T 2. To commence a lawsuit, the prospective plaintiff must have an alleged injury.F 3. Federal and state courts have the same subject matter jurisdiction.T 4. The selection of a court for litigation involves at the same time the question of jurisdiction as well as of venue.F 5. Disputes about personal jurisdiction often arise when the defendant is a citizen of the forum state.F 6. V enue statutes will point to only one court for each case.T 7. Lawsuits may be the last resort, but it is not necessarily the best way to resolve disputes.LESSON FOURT 1. A lawyer may take depositions from the opposing party and from witnesses.T 2. Justice requires that judgment be based on the merits of the case.F 3. At pre-trial conference lawyers argue before the judge.T 4. Under the rules of discovery, a lawyer can serve demands on the opposing party for the latter to admit facts under oath.LESSON FIVEF 1. American law provides for jury only in criminal cases.F 2. In most actions for damages, both parties have to agree before the case can be tried by a jury.T 3. Only a limited number of peremptory challenges are available to each party.T 4. Witnesses are exposed to examination by both sides.F 5. Jury instruction is the instruction made by the jury.F 6. Judges can do nothing but accept the verdict.FILL IN THE BLANKSLESSON ONE1.Civil procedure is the body of rules guiding the procedure of civil litigation.2.The party who brings the lawsuit to court is the plaintiff.3.The party who appeals from the decision of the lower court is generally referred to as the appellant.4.When the causes of action arise out of the same transactions and involve common questions of law or fact, all persons may join in one lawsuit as plaintiffs.5.If a defendant alleges that another party is liable to him with respect to the same dispute, he may bring in that party as a third-party defendant.6.The adversary system is a distinctive element of the Anglo-American judicial procedure. It reduces the process of litigation to a contest between interested parties, who havecontrol over almost all phases of litigation.7.In a court operated under the adversary system, the responsibility for beginning suit, for shaping the issues and for producing evidence rests almost entirely on the parties, who also bear the burden of the time expenses required.8.Since the determination of the dispute is reduced to some yes-or-no questions, the job of the judge is made easier.9.Critics of the adversary system think that skill of the lawyers should not be made decisive to the outcome oflitigation.10.Justice requires that the outcome of a case depend on the merits of the caseLESSONE TWO1.There are many grievances for which the law does not furnish relief, and there are many wrongs which the law can not redress.2.There are many alternatives to litigation. Among them are settlement, arbitration, self-help and letting matters rest.3.Jurisdiction in the Anglo-American legal system has two aspects: jurisdiction over the s ubject matter andjurisdiction over the parties.。
法律英语lesson2
Lesson TwoSources of English LawI. Discuss the following questions:1.What are the main sources of the English law?2.How can a bill become an act?3.Now that many documents like directives, circulars, and guidance notesare not legally binding, Why are they also considered as a form of legislation?4.What is a common law rule?5.What is primary legislation and what is delegated legislation?6.What is the difference between common law and case law?7.How can we determine the importance of a judgment from the point ofview of influencing future decisions?8.In what sense do the judiciary change the law like legislators?II. Read the text again and decide whether these statements are true or false:1.After a bill is presented to, debated by, and voted upon by the House ofCommons and the House of Lords, it becomes an act. Fmon law rules are still being made today and they are moreimportant as a source of new law legal rules. F3.Though many such documents as directives, circulars, and guidancenotes are not legally binding, they might still be considered as a form of legislation. T4.Any statute can be changed by any other common law rule. F5.In cases where secondary legislation is to be conducted, the Act or theParent Act can only say something about the content of the law, and the details of that law is left to secondary legislation persons or bodies. T6.New rules made by judges when they interpret statutes are not commonlaw rules, but case law rules. T7.Not every judgment in every case is of equal importance in terms ofserving as guidelines for future judicial activity. T8.It is definitely true that to meet new developments, problems, and shiftsin society‟s values the common law has departed genuinely from the traditional notion. FIII. Complete the sentences below using the words or phrases given:applicable; a matter of course; supplant; academic; remedy; genuine; dominate; interpret; intervene; legislation1.Finally, he had their genuine massive support for his peace initiative.2.Interpreting the statute in view of the intent of the legislation is a judicial approach to the interpretation of difficult legislation.3.The law provides no remedy for this injustice.4.The identity of all visitors is checked as a matter of course.5.Whether the new rules are applicable remains a question.6.Applying the words that the legislator might have intended to use in the legislation is not a correct approach to interpret difficult legislation.7.Though many of the earliest common law rules are supplemented or supplanted by statute, some still survive.8.One is surely amazed at the bound volumes of Law Reports that dominate the holdings of any English law library.9.The brawl was well under way by the time the policeman intervened.10.Many academics and some judges argue that the judiciary sometimes do more than simply apply existing law.IV. Match each of the following words or phrases with its definition:11.the judiciary12.delegated legislation13.bill14.dictum15.persuasive precedent16.holding17.binding precedent18.ratioa.the collection of reported cases that form the body of jurisprudence within given jurisdictionb. a precedent that a court may either follow or ignorec.legislation made by some person or body under authority delegated by Parliament under statuted.an important part of a judgment that is bindinge. a precedent that a court must followf. a statement of opinion or belief held to be authoritative because of the dignity of the person making itg.the benchh. a draft of proposed lawV. Translate the passage into Chinese:The British parliament, like parliaments in other countries, is often referred to as …the Legislature‟—the body which makes law. Its essential function could probably be best described as “to discuss what the Government has done, is doing and intends to do, and on occasions to try to show up the Government‟s errors and even try to persuade the Government to change or modify its policies”.Nevertheless, new laws can only come into force when they have passed through Parliament, and the way in which it deals with bills (that is, proposals for new laws) gives a very good illustration of Parliament‟s working besides being interesting and important in itself.Supplementary ReadingThough it would be difficult to define the character of English law, it is possible to identify the main characteristics that give individuality to English law. The following 10 characteristics might be of some help to our understanding of English law.1)the continuous growth of the law since Saxon timesIn the course of recent history most countries have made a break with one system of law and changed to another. This has happened in a number of ways. In some cases, there has been a sudden change to a code of laws based on Roman law. In other cases, a system based on English law has been developed gradually. However, in England, the law has been evolved and recorded continuously without any fundamental change in the system, which partly explains English respect for law and legal institutions. Neither rules of law nor institution cease to exist through want of use. Examples of this are the revival in 1954 of the Court of Chivalry which had not sat for over 200 hundred years and the current validity of the Treason Act 1351.2)the absence of a code of lawsCodification in other countries has often been associated with the unifications of law in the state and the introduction of Roman law. In England, a unified system of law was achieved relatively early and there was no reception of Roman law. To produce a complete code of laws would be a difficult task.3)the system of precedent4)the influence of procedureAlthough in the present day the substantial law is much less influenced by the requirements of procedure than once was the case, it is still shaped to a considerable extent by the requirements imposed on it by procedure in time past.5)the judicial character of the lawThe case law of England was made by judges, and it is this body of law that remains the basis of the English law system. Acts of Parliament assume the existence of case law, and it is the judges who declare the meaning of Acts of Parliament. The character and outlook of the judges has always, therefore, been a significant factor in the development of the English law.6)the independence of the judiciaryThe judges of superior courts hold office during good behavior and can be removed only on an address from both Houses of Parliament. This has been so since the Act of Settlement of 1700 and no judge of a superior court has ever been removed from office since then. Owing partly to the Act and partly to tradition, the judges in fact arrive at their decisions without fear of government or other influence. They retire at the age of 75.The judges‟ independence is preserved in this way as part of the separation of the judiciary from the control of the legislature and as a defence against arbitrary power exercised by the executive organ of government. The independence of the judiciary is one aspect of the separation of powers.7)the independence of barristers and solicitorsThe legal profession is divided into two main branches: barristers, and solicitors of the Supreme Court. Each branch is responsible for maintaining highstandards of conduct among its members. Lawyers, including both barristers and solicitors, are not state officials as is the case in some European countries and are not allowed to let themselves be swayed by political considerations in their legal work or their choice of clients.8)the accusatorial procedureIn some foreign systems it is the function of the court to produce the evidence, which is called the …inquisitorial‟ method of procedure. In English law under the accusatorial method of procedure the court, in the form of the judge, remains neutral and hears argument by both sides. This is generally so in both civil and criminal case.9)legal work in private handsThe reports of cases in court, explanatory editions of Acts of Parliament and many books on court procedure are produced by private organizations, instead of by the state.10)the small influence of Roman lawThe law of European partners has been influenced to a considerable extent by Roman law as has the law of Scotland in several respects. However, English owes little to Roman law.Comprehension Questions:I. Answer the following questions in accordance with this passage:1.What would be the best title of this passage?2.Why hasn‟t English law fundamentally changed through history?3.Is it difficult to produce a code of English law? Why?4.In what sense is English law much influenced by the character andoutlook of the judges?5.What is the relationship between English law and Roman law? What isthat between Roman law and the law of other European countries?II. Choose the best answers to each of the following questions:C B C A D1．The best title of this passage would be ______.A. stability of English lawB. development of English lawC. characteristics of English lawD. individuality of English law2．Which of the following is the reason for the fundamental stability of English law?A. lack of a code lawsB. predominance of case lawC. the system of precedentD. rules of law did not stop through want of use3．All of the following are about English judicial independence EXCEPT ______.A. the judges can arrive at their decisions without fear of government or other influence.B. a judge of a superior court can not be removed without the opinion of both Houses of Parliaments.C. Judges in England retire at the age of 75.D. the separation of the judiciary from the control of legislature4．Which of the following characteristics of English law is supposed to be superiority to other systems of law by the English?A. the division of legal profession between barristers and solicitorsB. the accusatorial procedureC. the small influence of Roman lawD. legal work in private hands5．The right understanding of the two accusatorial procedures is ______.DA.T he adversary system is also known as the “court control”.B.The inquisitorial system is also known as “the party control”.C.The judge plays an active role in the adversary method of procedureD.T he judge remains neutral and act merely as umpire in the adversary system.。
最新第二课 法律英语复习进程
Chief Justice of the United States（首席大法官）
法律英语
3
Justices of the Supreme Court of the United States
法律英语
4
The first Chief Justice was John Jay. The 17th and current Chief Justice is John G. Roberts, Jr.
第二课 法律英语
Legal profession: the body of individuals qualified to practice law in a particular jurisdiction
the legal profession 法律专业
Background
律师attorney
法律英语
6
法律英语
7
John G. Roberts, Jr: Chief Justice
法律英语
8
John G. Roberts, Jr
On September 29, 2005, John G. Roberts, Jr. was confirmed by the United States Senate as the 17th Chief Justice of the United States. At 50 years of age, he became the youngest Chief Justice since John Marshall took the bench in 1801 at the age of 45.
法官judge 检察官attorney
for
法律 government职业
法律英语II2
法律英语II2什么是合同？合同也叫承诺。
这种承诺是受法律保护，并且强制执行的。
合同可以是书面的，也可以是口头的。
一旦签订了合同，当事人双方就应当遵照合同内容执行。
可强制执行的合同必须符合四个条件：1.当事人双方必须有协议。
即要约人和受约人取得合意。
2.合同必须有对价支持。
3.必须有两个或两个以上的有法定缔约能力的当事人。
4.合同要符合法律法规和公序良俗。
合同可分为多种。
形式上，可分为双务合同和单务合同。
表述上，可分为明示，事实默示和法律默示三种。
如口头和书面的就是明示的。
用行为表达的是事实默示。
法律默示不是真正的合同，是法律推定。
不同的合同，法律效力也不同。
因此，合同又可以分为有效，无效和可撤销三种。
合同各方面都符合法律要求的是有效合同。
反之，不符合的就是无效合同。
当事人一方或多方有终止权的合同是可撤销合同。
如不到法定年龄的人签订的合同就是可撤销合同。
不符合法律要求的或违反规法律定的合同也是可撤销的。
合同在履行时，当事人一方拒绝履行或履行不当，由于情势变迁或不可抗力，不能充分履行或无法履行，造成另一方的损失，受损方可以索赔，除此之外，也可以中止履行或拒绝履行合同。
违约的法律救济按性质可分为特定救济和替代救济。
违约的救济也可分为法律救济和衡平救济。
受损方的损失赔偿可以是直接的也可以是间接的，特殊情况下还可以得到特殊赔偿。
以第三方为受益人的合同，不能要求强制执行：要强制执行就必须证明当事人有意使主张权利方受益并在合同中有明确表示。
合同当事人在符合法律规定的程序下有权向他人转让合同。
转让后合同的权利义务也发生转让。
What is the contract? The contract also called commitment. This commitment is protected by law, and the compulsoryexecution. The contract can be written, also can be spoken. Once signed the contract, party both sides should be subject to the contract execution. Enforceable contract must comply with four conditions: 1. The parties must have agreement. That is an offer and achieve desirable covenant. 2. Contract must have consideration to support. 3. Must have two or more contracting parties have legal capacity. 4. Contract to comply with laws and regulations and public order good morals.The contract can be divided into DuoZhong. Form, can be divided into bilateral contract and single service contract. The expression, can be divided into express, implied-in-fact and legal implied 3 kinds. Such as oral and written is express. With action expression is implied-in-fact. Implied-in-law is not really the contract law, is the presumption. Different contract, legal effect is different also. Therefore, the contract and can be divided into effective, invalid and revocable 3 kinds. The contract all aspects are meet the requirements of the law is effective contract. Conversely, not in accord with the contract is invalid. Where a party has the right to terminate or DuoFang contract be cancel thecontract. If less than the legal age signed the contract is to cancel the contract. Do not meet the requirements of the law or in violation of rules of contract law set is undoable.During the performance of the contract, the parties a performance or non-performance undeserved, because the situation changes or force majeure, can't fully implemented or to be unable to fulfill, cause the other side of the loss, the damaged party can claim for compensation, in addition, also may suspend its performance or refuse to perform the contract.According to the properties of the breach of law relief can bedivided into specific relief and alternative relief. Default of the relief can also be divided into legal relief and equitable relief The damaged party loss compensation can be direct or indirect, special circumstances can also get special compensation.By third party for beneficiary beneficiary of the contract, can't require compulsory execution: to enforce must certify that the party intends to make claims benefit in the contract party and have made clear.Parties to the contract in accordance with the procedures prescribed by law has the right to transfer to others under contract. After the transfer the rights and obligations under the contract also happen to transfer. 1.有效的合同必须有对价支持对方当事人的要求。
法律英语课后练习题含答案 (2)
法律英语课后练习题含答案第一部分词汇练习1.Defendant （被告人）是指一名被控犯罪的人。
2.Accomplice （同谋者）是指协助犯罪的人。
3.Conspiracy （阴谋）是指两个或两个以上的人为了进行非法行为而达成的协议。
4.Indictment （起诉书）是指检察官起诉犯罪嫌疑人的文件。
5.Arrgnment （传讯）是指被告人在法庭上听取指控并回答是否有罪的过程。
6.Plea bargn （认罪协议）是指被告人同意认罪以换取更轻的刑罚的协议。
7.Verdict （判决）是指陪审团对案件的结论。
8.Appeal （上诉）是指对一项判决不满意并请求更高级别法院重新审判的过程。
第二部分语法练习1.使用适当的时态填空：a.The defendant was being questioned by the police when hislawyer arrived.b.The prosecution will present its case tomorrow.c.The judge has already made his decision in this case.2.使用适当的介词填空：a.The lawyer was confident in his client’s innocence.b.The defendant was charged with murder.c.The prosecution presented strong evidence agnst thedefendant.3.选择合适的词填空：a.The defense attorney argued that the prosecution did nothave ____ (sufficient / efficient) evidence to prove their case.b.The judge declared a ____ (mistrial / mistrust) due to jurymisconduct.c.The defendant decided to plead guilty in exchange for a ____(lighter / lighter) sentence.第三部分阅读理解For many years, a defendant’s right to a speedy trial has been an important part of the American legal system. This right is guaranteed by the Sixth Amendment to the Constitution, which states that。
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法律英语复习（二）
choice of law 法律选择 inferior court 低级法院superior court 高级法院circuit court 巡回法院 court
of common pleas 普通法院 court of appeals 上诉法院at issue 有争议的，待裁决的 at the discretion of 由
…自由裁量courts of limited jurisdiction 有限管辖（权）法院 choice of forum 法院的选择courts of general jurisdiction 一般管辖（权）法院 subject matter jurisdiction 对事管辖权diversity jurisdiction 多元管
辖单词：
federalism 联邦制 autonomy 自治权 appellate 上诉的hear 审理jurisdiction 管辖权 litigant 诉讼当事人discretion 只有裁量权
1、美国的法律制度是双轨制，各州有自己的宪法和法律。
因此在涉及跨州交易或事件的诉讼中往往出现法律选择问题。
The American legal system is a dual legal system. Each state has its own constitution and its own laws.
So choice of law questions often arise in lawsuits involving multi-state transactions or occurrences.
2、双轨制也使法院的选择成为一个复杂的问题。
Duality also makes the choice of forum a complicated question.
3、在大多数州，初审法院有两层：低级管辖权法院和一般管辖权法院。
There are two levels of trial courts in most of the states： courts of inferior jurisdiction and courts of general jurisdiction.
4、在低级管辖权法院审理的案子一般可到一般管辖权法院重审。
Cases tried at a court of inferior jurisdiction generally can be retried at a court of general jurisdiction.
5、所有州对一般管辖权法院的判决都允许至少一次上诉。
在有中级上诉法院的州，一般判决可以有两次复审。
All the states allow at least one appeal from the decisions of a court of general jurisdiction. In states which have intermediate appellate courts，there may be two appellate reviews.
6、联邦区级法院对三种案子有初审管辖权：当事人不是同一个州的案子，涉及联邦法的案子，以及美国政府（或其机构）为一方当事人的案子。
Federal district courts have original jurisdiction over three types of cases： diversity cases， federal questions cases， and cases in which the United States government （or its agency） is a party.。