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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
1
2.
【
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.
< br>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.
1
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. <
/p>
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.
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