英文法律文书简明教程.doc

英文法律文书简明教程（一）缩写一、缩写 Abbreviations规则1在正式写作中，应当避免使用缩写，除非有下述规则2、规则3和规则4的情形。In formal writing, one should not use abbreviations, except as indicated in rules 2, 3, and 4 below.例如：Incorrect: The U.S. Supreme Court held that the defendants rights had been violated.Correct: The United States Supreme Court held that the defendants rights had been violated.Incorrect: Professor Jonas mentioned several cities that have domestic-partnership ordinances, e.g., New York and San Francisco.Correct: Professor Jonas mentioned several cities that have domestic-partnership ordinances, including New York and San Francisco.Incorrect: The Court announced its decision in the case on Oct. 12, 1994.Correct: The Court announced its decision in the case on October 12, 1994.规则2如果一个缩写的应用已经非常普遍，在一般用法中已经取代了全称，则可以使用缩写；但使用此缩写时不应该使用表示缩写的英文句号（.）。When an abbreviation has become so common that it has supplanted the full name in common usage, one may use the abbreviation; however, one should do so without the use of periods.例如：Incorrect: The N.A.A.C.P. was the subject of a profile on C.B.S. last week.Correct: The NAACP was the subject of a profile on CBS last week.（注： NAACP abbr.National Association for the Advancement of Colored People (美国)全国有色人种协进会，CBS abbr. （美国）哥伦比亚广播公司(Columbia Broadcasting System)）However: The defendant in the case is R.J. Reynolds Industries, Inc.请注意，在上面的例子中，字母R和J后面的句号（.）应当保留，因为这个缩写所代表的含义并非广为人知。一般来说，这样的缩写应当使用全称；但是在上面的例子中不能用全称，因为缩写R.J.是公司注册名称中使用的。Notice that in the preceding example, the points after R and J should be left in, because the meaning of the abbreviation is not sufficiently well known to most readers. Ordinarily, one would replace such an abbreviation with the full terms; however, one can not do so in this case because the legal corporate name involved includes the abbreviation.规则3当使用legal citation时，一定要按照Bluebook（见译注）的要求来缩写。但在行文中提及法院时，不应用缩写。When writing legal citations, always use the abbreviations required by the Bluebook. However, when referring to a court in text, do not abbreviate. For example:例如：Incorrect: The Ill. Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Illinois 2d 73, 180 Northeast Reporter 2d 754 (1994).Correct: The Illinois Supreme Court required the return of the child to his birth mother. Smithson v. Bettaglia, 59 Ill. 2d 73, 180 N.E.2d 754 (1994).规则4当行文中涉及的公司在其注册名称中含有一个或多个缩写时，如 R.J. Reynolds Industries, Inc.，应当保留缩写；不要把缩写所代表的全称全部拼出，除非公司的注册名称中已经全部拼出，如Exxon Shipping Company。这条规则适用于所有的公司名称中，包括Co.， Corp.， Inc.和 Ltd.。When referring to a corporate entity that has one or more abbreviations as part of its legal name, such as R.J. Reynolds Industries, Inc., leave the abbreviations in the name. Do not spell out the abbreviation unless the corporation itself spells it out, which some do (for example, Exxon Shipping Company). This rule applies to all of the various forms of corporate designations, including Co., Corp., Inc., and Ltd.例如：Incorrect: McDermott International, IncorporatedCorrect: McDermott International, Inc.参照：Cross References: The Bluebook: A Uniform System of Citation 6 (15th ed. 1991).译注：The Bluebook: A Uniform System of Citation是Harvard Law Review联合 Columbia Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal一起出版的关于如何引用法律文件和期刊的权威工具书，为法律学者和实务工作者所广泛使用。英文法律文书简明教程（二）缩略符缩略符见译注当一个学生向教授提交书面作业或向律师事务所提交书面资料时， 没有什么比错误的使用或不使用缩略符造成的负面印象更严重了。因此，掌握这些简单，却常常容易混淆的规则非常重要。在四种情形下使用或不使用缩略符容易引起混淆，分别是（1）复数词（2）单数所有格（3）复数所有格和（4）its和its的缩写形式（Contractions，see cross reference hereunder）与所有格。是否使用所有格，要先问问自己是否涉及领有关系。如果是领有关系，名词或带词就要采取所有格。规则1Plain plural words do not require the use of an apostrophe. For example:Incorrect: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a singular possessive.)Incorrect: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The apostrophe here incorrectly indicates a plural possessive.)Correct: The lawyers could generally be found after hours at the Hanover Street Bar and Grill. (The lack of an apostrophe here correctly indicates a plural, nonpossessive term.)规则2In singular possessive terms, place the apostrophe before the s. This will indicate ownership by one person or thing. For example:Incorrect: Our schools collection included an original set of Blackstones Commentaries.Incorrect: Our schools collection included an original set of Blackstones Commentaries.Correct: Our schools collection included an original set of Blackstones Commentaries.规则3In plural possessive terms, place the apostrophe after the s. This will indicate to the reader that more than one person or thing owns the thing possessed.Incorrect: The students success was largely attributable to their hard work and dedication.Incorrect: The students success was largely attributable to their hard work and dedication.Correct: The students success was largely attributable to their hard work and dedication.规则4How to distinguish its and its.Its is the contraction of it is, as in the sentence, Its best not to question the judges knowledge of the laws of evidence in open court. In formal writing, however, one generally should not use contractions. Thus, the better formulation of the sentence above would be: It is best not to question the judges knowledge of the laws of evidence in open court.Its is a possessive, as in the sentence, The truck lost its muffler as it entered the pothole-laden Kennedy Expressway. This is the rare case in which a possessive term does not take an apostrophe.规则5A less-often faced decision involves the use of apostrophes where multiple owners are named. Where two or more people own one item jointly, place an apostrophe before an s only after the second-named person. For example:Incorrect: Bills and Marys car was a lemon, leading them to seek rescission of their contract under the states lemon law.Correct: Bill and Marys car was a lemon, leading them to seek rescission of their contract under the states lemon law.However, when two or more people own two or more items separately, each individuals name should take the possessive form. For example:Incorrect: Joanne and Todds cars were bought from the same dealer; both proved useless, even though Joannes car was an import and Todds was a domestic model.Correct: Joannes and Todds cars were bought from the same dealer; both proved useless, even though Joannes car was an import and Todds was a domestic model.规则6When creating the possessive form of words ending in s, use only an apostrophe after the s if the word ends in a z sound. However, if the word ends in an s sound use an apostrophe and an additional s to create the possessive.Less Desirable: He was a student in Professor Adamss class.More Desirable: He was a student in Professor Adams class.However: He was a student in Professor Weisss class.Cross Reference: Contractions 缩约词，通过省略或结合一个较长短语中的某些音素而形成的词，如从 will not来的 wont，或短语如从 of the clock来的 oclock。译注：apostrophe省略符号, 撇号()英文法律文书简明教程（三）冠词冠词指“a”，“an”，和“the”。学生常在句子中漏掉冠词，以为这样“高效”或“听起来象律师（说得话）”。但是，漏掉冠词往往写出劣质文章。需要用冠词的时候就用冠词，律师也不能例外。亚洲国家学生在写作时应注意正确使用冠词，因为许多亚洲国家语言没有冠词。1 避免律师的习惯干扰。漏掉冠词并不能使句子更简洁，反而使句子更难懂。不要试图把句子写得“象律师写的那样”。文章最好写得正式，而不是“象律师那样”。Incorrect: Police officer moved evidence to avoid disappearance from crime scene.Correct: The police office moved the evidence to avoid its disappearance from the crime scene.Incorrect: Abrams, officer on duty at time of crime, testified against defendant, Joanna Stone.Correct: Abrams, the officer on duty at the time of the crime, testified against the defendant, Joanna Stone.2 发元音和发辅音。如何选用“a”和“an”。原则很简单：以辅音开头的名词前用a，以元音开头的名词前用“an”。在第三点中将讨论稍难些的问题如何处理元音发音和辅音发音。Incorrect: The judge had an gavel, and he used it frequently.Correct: The judge had a gavel, and he used it frequently.Incorrect: The judge had a elephant in her courtroom, though nobody noticed.Correct: The judge had an elephant in her courtroom, though nobody noticed.3 元音发音开头和辅音发音开头。有时一个单词以辅音开头，但听起来象以元音开头（即，发元音），这些单词在选用冠词时应被看作是以元音开头。这些单词多以“h”打头（例如hour和 heir），但是如果该辅音发声（发声的辅音），就应象其它辅音一样选用冠词“a”。从而，单词“heir”以元音发音开头，单词“hotel”以辅音发音开头。下面举个辅音开头发元音选用冠词的例子。Incorrect: The judge gave the lawyers a hours recess to review the new evidence.Correct: The judge gave the lawyers an hours recess to review the new evidence.下面举个辅音开头发辅音选用冠词的例子。Incorrect: The professor was well known for posing an hypothetical question when students suggested that one rule would suffice for all situations.Correct: The professor was well known for posing a hypothetical question when students suggested that one rule would suffice for all situations.英文法律文书简明教程（四）括号1 在引语中插入你自己选用的单词时，该单词使用括号。Incorrect: The professor said that Frankfurter evolved from liberal to conservative while on the Supreme Court (and) Blackmun evolved from conservative to liberal.Correct: The professor said that Frankfurter evolved from liberal to conservative while on the Supreme Court Blackmun evolved from conservative to liberal.2 为表示你在引语中改变了一个单词的一部分时，该部分使用括号。此类情形通常发生在为合并引语和你自己的句子时，要把大写字母变小写字母，反之亦然。引语:Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Const. amend. VIII.不正确合并:The Eighth Amendment provides that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Const. amend. VIII.正确合并:The Eighth Amendment provides that xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Const. amend. VIII.英文法律文书简明教程（五）Clauses - Restrictive and Nonrestrictive限制性从句与非限制性从句1. Restrictive and Nonrestrictive Clauses Defined. Restrictive clauses limit the possible meaning of a preceding subject. Nonrestrictive clauses tell you something about a preceding subject, but they do not limit, or restrict, the meaning of that subject. Compare the following examples.含义。限制性从句限定前面主句的含义，而非限制性从句仅讲述与前面的主句相关的内容，但并不对前面的主句进行限定。比较下面的例句：Correct Restrictive Use:The suspect in the lineup who has red hair committed the crime.Note how the subject suspect in this sentence is restricted in two ways: we know that this suspect is both in the lineup and has red hair. As a result, we know that the other suspects, who are not in the lineup, could not have committed the crime. Moreover, of those suspects in the lineup, we know that the one suspect in the lineup with red hair committed the crime. If there were more than one suspect in the lineup with red hair, the above usage would be incorrect because it implies a different meaning.请注意：上句中的主语suspect以两种方式进行了限定：在排队和有红色头发。因此，我们可以知道，其它不在队列中的嫌疑犯没有参与犯罪。而且，在嫌疑犯队列中，只有有红色头发的才参与了犯罪。如果队列中不止一人有红色头发，则上述例句的用法是不正确的，因为它存有其它的含义。Correct Nonrestrictive Use:The suspect in the lineup, who owns a red car, committed the crime.In this example, the restrictive clause in the lineup tells us that of all possible suspects in the world, the one who committed the crime is in the lineup. However, while the nonrestrictive clause who owns a red car tells us something about the suspect, it does not foreclose the possibility that there are several different suspects in the lineup with red cars. The car color may tell us something useful, but it does not restrict us to only one possibility.在例句中，限制语in the lineup告诉我们，在所有可能的嫌疑犯中，参与犯罪的嫌疑犯在队列中。尽管非限制性从句who owns a red car告诉了我们关于嫌疑犯的若干资料，但是并不能排除在队列中其它嫌疑犯也拥有red car。车身的颜色可能告诉我们一些有用的东西，但无法限定到仅仅一种可能。2. When choosing between that and which, use that to introduce a restrictive clause and which to introduce a nonrestrictive clause. Although some writers use which to introduce a restrictive clause, the traditional practice is to use that to introduce a restrictive clause and which to introduce a nonrestrictive clause. When writing a restrictive clause, do not place a comma before that. When writing a nonrestrictive clause, do place a comma before which.尽管有些作者用which来引入限制性从句，但是传统用法还是用that来引入限制性从句，而用which来引入非限制性从句。使用限制性从句时，that 前一定不要用逗号，而使用非限制性从句时，which 前一定要用逗号。Correct Restrictive Use:The store honored the complaints that were less than 60 days old.Correct Nonrestrictive Use:The store honored the complaints, which were less than 60 days old.These sentences have different meanings as well as different punctuation. In the restrictive sentence, the store honored only those complaints less than 60 days old, but not those over 60 days old. In the nonrestrictive sentence, the store honored all the complaints, all of which were less than 60 days old.这两个句子含义不同，所用标点也不同。在限制性从句中，商店只处理不超过60天的投诉；而在非限制性从句中，商店处理了所有的投诉，这些投诉都是60天内发生的。3. Place proper punctuation around nonrestrictive clauses, but do not place punctuation around restrictive clauses. When a nonrestrictive clause appears in the middle of a sentence, place commas around it. When a nonrestrictive clause appears at the end of a sentence, place a comma before it and a period after it. Do not punctuate restrictive clauses.在非限制性从句中可以使用标点，但在限制性从句中则不可以使用。当非限制性成分在句子中间出现时，应当在它前面和后面加逗号。当非限制性成分出现在句末时，在它前面加逗号，后面加句号。不要在限制性从句中使用标点。Correct Punctuation of Nonrestrictive Clause:The 1964 Ford Mustang, which propelled Lee Iacocca to the top of the automobile industry, is now considered a classic.Correct Punctuation of Nonrestrictive Clause:The credit card is in my wallet, which you can find in the kitchen drawer.Correct Punctuation of Restrictive Clause:The boat that sailed on October 25 is the one to which we referred in the contract.英文法律文书简明教程（六）Colloquialisms口语（化表达）法律文书是一种正式的文书。其首要目的就是清楚而有效地沟通观点。偶尔运用修辞性的华丽词藻有助于强调观点，尤其在论述性文书中。但是千万不要因用了华丽的表达而丢掉或混淆了重要的法律观点。观点重要性远大于表达形式。同样，写作不要象说话一样。英语口语中我们经常用生动的或是口语化的短语，这在书面英语中是不合时宜的。写作中一定不要用这些短语，要代之以准确的语言。Incorrect: On arriving at the scene of the crime, the officer tore up the stairs in search of the big enchilada.Correct: On arriving at the scene of the crime, the officer ran up the stairs in search of the leader of the crime syndicate.前述例子中，口语短语tore up the stairs 和big enchilada有多个意思。所以，越准确语言越恰当。Incorrect: On December 12, 1992, Ms. DeWitt kicked the bucket.Also Incorrect: On December 12, 1992, Ms. DeWitt passed on to her heavenly reward.Better: Ms. DeWitt died on December 12, 1992.前述例子中，第一个不恰当的句子含俚语，通常这在法律文书或其它正式文书中都不合时宜。第二个不恰当的例子避免了俚语，但走到另一个极端，有失简洁。英文法律文书简明教程（七）冒号1 一句话中在“such as including 和 for example 短语后不用冒号。因为这些短语已提示读者接下来会举一些例子，没有必要再用冒号引出例子了，那样只是多此一举。Incorrect: She had all the skills of a great litigator, such as: writing ability, perseverance, persuasiveness, and obsessive attention to detail.Correct: She had all the skills of a great litigator, such as writing ability, perseverance, persuasiveness, and obsessive attention to detail.2 介词（例如“in”） 或副词后不用冒号列举。Incorrect: The new law student excelled in: Criminal Law, Legal Writing, and Torts.Correct: The new law student excelled in Criminal Law, Legal Writing, and Torts.Incorrect: The litigation tactics most disliked by the judge are: discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.Correct: The litigation tactics most disliked by the judge are discriminatory use of peremptory challenges, indiscriminate use of document requests during discovery, and the introduction of frivolous motions as delaying tactics.3如果不违反上述规则 1或者规则2 ，则用冒号引出例子或解释。Correct Use to Introduce a List:The store carried all the items the new judge needed: gavels, judicial robes, case reporters, and computers.Correct Use as an Explanatory Tool:The restaurant served the type of food most preferred by lawyers: red meat.4 当重申一个观点时，用冒号。如果跟在冒号后的是一个完整句子，则开头字母大写，反之，跟在冒号后的是从句或短语，则开头字母不大写。Correct: The writing was brilliant: It was clear, concise, and analytically correct.Incorrect: The writing was brilliant: clear, concise, and analytically correct.英文法律文书简明教程（八）Commas逗号的用法是正确运用标点过程中最复杂，最容易产生误解的问题之一。在一些情形中，存在着被广泛接受的用法。然而在另一些情况下，却有不只一种用法。学生常常认为，担心标点的用法有点可笑：毕竟，法律分析才是最重要的呀。但是，假如一个人申请一份工作或向上级提交书面报告，没有什么会比忽视标点运用基本规则更容易给人留下负面印象的了。毕竟，一位高级律师是决不会愿意去更正一位初级律师的逗号的用法的。Comma usage is one of the most complex, and most misunderstood, questions of proper punctuation. In some cases there are widely accepted rules governing comma usage; in a few cases, there is more than one acceptable approach. Students often think its silly to worry about things such as punctuation: after all, isnt the legal analysis what really counts? However, when one applies for a job or submits written work to a supervisor, nothing will leave a more negative impression than ignorance of the basic rules of punctuation. After all, the last thing a senior attorney wants to do is correct a junior attorneys comma usage.1.当你用一个短语或从属分句开始一个句子，并随后引入一个独立分句时，用逗号分隔。When you begin a sentence with a phrase or dependent clause to introduce a subsequent independent clause, separate the clauses with a comma.Incorrect: After many years as a criminal prosecutor she ascended to the bench.Correct: After many years as a criminal prosecutor, she ascended to the bench.Incorrect: Because the witness was unavailable the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.Correct: Because the witness was unavailable, the judge allowed the introduction of the testimony pursuant to an exception to the hearsay rule.2. 用逗号分隔非限制性从句，但不要用逗号分隔非限制性从句。非限制性从句告诉你关于句