法律英语课件02.pps

1、法律英语,1,Lesson Two,Legal Profession 法律职业,法律英语,2,If there were no bad people, there would be no good lawyers. Charles Dickens, British novelist 倘若世上没有坏人，也就不会有好的律师。 英国小说家 狄更斯 C,法律英语,3,Background,律师 法官 检查官 法学教师,变换频繁 Harlan Fiske Stone,法律英语,4,法律英语,5,Part 1 The Bar,Bar法庭中将公众与法官、律师及其他诉讼参与人分隔开的隔板。 后来用于通指法律职

2、业或律师职业。,美国律师协会,法律英语,6,法律英语,7,律师,美国 Lawyer Attorney Attorney at-law Counseler Counseler at-law,英国 Barrister 诉讼律师 大律师，出庭律师 Solicitor 非诉律师 诉状律师，事务律师,法律英语,8,The regulation of the legal profession is primarily the concern of the states, each of which has its own requirements for admission to practice. 对法

3、律职业的管制主要是州政府的事。各州都有自己的允许律师执业的条件。,法律英语,9,Most require three years of college and a law degree. Each state administers its own written examination to applicants for its bar.,三年大学法律学位书面考试,法律英语,10,Almost all states, however, make use of the Multistate Bar Exam, a day-long multi-choice test, to which the

4、 states adds a day-long essay examination emphasizing its own law.,各州律师联考州综合问答题,法律英语,11,The Multistate Bar Examination (MBE) is a six-hour, two-hundred question multiple-choice examination covering contracts, torts, constitutional law, criminal law, evidence, and real property.,法律英语,12,A substantial

5、 fraction of all applicants succeed on the first try, and many of those who fail pass on a later attempt. 通过第一次考试的人很多，但通过第二次考试的人很少。,法律英语,13,In all, over forty thousand persons succeed in passing these examinations to the bar in their respective states. 每年各州有4万多人通过律师考试。 No apprenticeship is required

6、either before or after admission. 在进入律师行业之前或之后不需要有学徒经历。,法律英语,14,The rules for admission to practice before the federal courts vary with the courts, 在联邦法院执业的要求各州不同。 but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance w

7、ith minor formalities. 在州最高法院执业的人办理了一些无关紧要的手续后可以在联邦法院执业。,法律英语,15,A lawyers practice is usually confined to a single community for, although a lawyer may travel to represent clients, one is only permitted to practice in a state where one has been admitted. 律师通常在一个地区执业 可以代表当事人到其他州办理事务 只能在获准开业的州从业,法律英语

8、,16,It is customary to retain local counsel for matters in other jurisdictions. 在其他管辖区保留当地律师的身份是一种惯例。 有些州曾把“本州居民”规定为申请律师资格的前提条件。但联邦最高法院在1985年裁定这种规定为非法。此外，在美国担任律师的人并不必须是美国公民。,法律英语,17,One who moves to another state can usually be admitted without examination if one has practiced in a state where one h

9、as been admitted for some time, often five years. 如果一个人已经执业5年以上，那么当他移居到另外一个州的时候，通常不用再参加该州的律师资格考试就可以获准执业。,法律英语,18,A lawyer may not only practice law, but is permitted to engage in any activity that is open to other citizens.,从事律师业务 参加任何其他公民可以参加的活动,法律英语,19,It is not uncommon for practicing lawyer to s

10、erve on boards of directors of corporate clients, to engage in business, and to participate actively in public affairs.,在公司的董事会任职 从事商业活动 积极参与公共事务,法律英语,20,A lawyer remains a member of the bar even after becoming a judge, an employee of the government or of a private business concern, or a law teacher

11、, any may return to private practice from these other activities. 律师在成为法官、受雇于政府或私营企业或者成为法律教师以后，还保留着律师的身份。他们可以放弃其他活动，回来再做律师。,法律英语,21,A relatively small number of lawyers give up practice for responsible executive positions in commerce and industry. 有很少数量的律师为了从事工商业活动而放弃律师业务。,法律英语,22,The mobility as we

12、ll as the sense of public responsibility in the profession is evidence by the career of Harlan Fiske Stone who was, at various times, a successful New York lawyer, a professor and dean of the Columbia School of Law, Attorney General of the United States, and Chief Justice of the United States.,法律英语,

13、23,Harlan Fiske Stone 1872- 1946,Distinguished jurist Harlan Fiske Stone was born on October 11, 1872 in Chesterfield, New Hampshire. 著名法理学家,法律英语,24,After graduating from Amherst College in 1894, he continued on to Columbia University from which he received his law degree in 1898. The next year he w

14、as admitted to the New York bar. 加入纽约律师协会,法律英语,25,In 1910 Stone became the dean of the Columbia Law School. In 1924 he was appointed by President Coolidge to be Attorney General. 哥伦比亚大学法学院院长 司法部长（总检察长）,法律英语,26,In 1925 he was nominated to the Supreme Court. While on the Court, Stone was a strong supp

15、orter of President Roosevelts New Deal legislation. Roosevelt appointed Stone Chief Justice in 1941. Stone died in 1946 at the age of 73. 最高法院法官 罗斯福新政 最高法院首席大法官,法律英语,27,These is no formal division among lawyers according to function. 美国没有律师职业的划分。,英国： Barristers：出庭律师、大律师、诉讼律师 Solicitors：诉状律师、小律师、非诉律师

16、,法律英语,28,there is no branch of profession that has a special or exclusive right to appear in court, nor is there a branch that specializes in the preparation of legal instruments.,法律英语,29,The American lawyers domain includes advocacy, counseling, and drafting. Furthermore, within the sphere broadly

17、defined as the “practice of law” the domain is exclusive and is not open to others. 代理诉讼，出庭辩护； 咨询服务； 起草文书； 律师实务,法律英语,30,In the field of advocacy, the rules are fairly clear: any individual may represent himself or herself in court but, with the exception of a few inferior courts, only a lawyer may r

18、epresent another in court. 出庭辩护： 当事人本人 代理律师,法律英语,31,The lines of demarcation are less clear in the areas of counseling and drafting of legal instruments, as for example between the practice of law and that of accounting in the field of federal income taxation. 咨询服务与起草法律文件之间的划分不明确。 就联邦所得税，律师执业与会计执业划分

19、不清。,法律英语,32,However, the strict approach of most American courts is indicated by a decision of New Yorks highest court that a lawyer admitted to practice in a foreign country but not in New York is prohibited from giving legal advice to clients in New York, even though the advice is limited to the l

20、aw of foreign country where the lawyer is admitted. 纽约最高法院规定，在外国而不是在纽约取得执业资格的律师，不得给纽约的当事人提供法律咨询，即使咨询在该律师允许执业的国家是被允许的，美国大多数法院都采取了这一严格的措施。,法律英语,33,A foreign lawyer may be admitted to the bar of one of states and may, even without being admitted, advise an American lawyer as a consultant on foreign law

21、. 外国律师可以被一个州的律师协会接纳为会员，甚至在没有被接纳的情况下，作为外国法律顾问向美国律师咨询。,法律英语,34,Part 2 Lawyers in private practice独立开业的律师,Among these fifteen lawyers in practice, nine, a clear majority, are single practitioners . 在独立开业的律师中，大多数（9/15）是单独开业者。,The remaining six practice in law firms, which are generally organized as part

22、nerships. 剩下的6个人组成律师事务所，一般采用合伙制。 Four or five of these six are partners and the others are associates, a term applied to salaried lawyers employed by a firm or another lawyer. 6个人中有4、5个是合伙人； 其他1、2个是合作者，他们受雇于律师事务所或其他律师，领取工资。,法律英语,36,This trend toward group practice is relatively recent origin.,合伙开业,法

23、律英语,37,Throughout most of nineteenth century, law practice was general rather than specialized, its chief ingredient was advocacy rather than counseling and drafting, and the prototype of the American lawyer was the single practitioner. 律师业务是一般化的，而不是专业化的 主要业务是出庭辩护，而不是提供咨询和起草文书 美国律师的原型是单独开业者。,法律英语,38

24、,Marked specialization began in the later part of that century in the large cities near the financial centers. the work of the lawyer accommodated itself to the needs of clients for expert counseling and drafting to prevent as well as to settle disputes. 19世纪后期，在金融中心附近的大城市，出现了显著的律师专业化。 律师为客户提供专业咨询和起

25、草文书，以防止和解决争议。,法律英语,39,The best lawyers were attracted to this work 最好的律师被吸引来做这些事。 leadership of the bar gravitated to persons who rarely if ever appeared in courts and who were sought after as advisors, planners, and negotiators. 律师界的领导人物多为那些极少出庭即使确曾出庭的话的人，和那些作为顾问、计划者和谈判者而深受欢迎的人。,法律英语,40,Today the l

26、awyer regards it as sound practice to be continuously familiar with clients business problems and to participate at all steps in shaping of their policies. 目前律师们都认为一直了解客户的商务问题，并参与商业决策形成的每一个步骤是理想的活动。,法律英语,41,Part 3 House Counsel,受雇于某公司而非独立开业的律师 Out of every twenty lawyers, two are employed by private

27、 business concerns, such as industrial corporations, insurance companies, and banks, usually as house or corporate counsel in the concerns legal department. 20个律师中有2个受雇于私人企业，如工业公司、金融公司、银行。 专职法律顾问，公司法律顾问,法律英语,42,the growth of corporationsthe complexity of businessthe multitude of problem posed by gov

28、ernment regulation,法律英语,43,The general counsel (总法律顾问) An officer of the company Serve on important policy making committees Serve on the board of directors.,公司管理人员重要决策委员会董事会,法律英语,44,House counsel,remain members of the bar 保留律师协会会员身份 entitled to appear in court 有资格出庭进行诉讼,法律英语,45,House counsel,Howeve

29、r, it is the house counsels skill as advisor rather than as an advocate that is a valued asset. 专职律师的专长是法律顾问而不是辩护律师，这是个珍贵的财富。,法律英语,46,Constantly in touch with the employers problem, house counsel is ideally situated to practice preventive law and may also be called upon to advise the company on its

30、broader obligation to the public and the nation. 专职律师一直接触雇主的问题，他们理当致力于预防性的法律，并应该建议公司为公共事务和国家承担更多的义务。,法律英语,47,Part 4 Lawyers in Government,Two out of twenty lawyers are now employees of the federal, city, county, and municipal governments, exclusive of judiciary. 20个律师中有2个受雇于联邦、都市、县和地方政府，这中间还不包括法官。,法

31、律英语,48,Many of those entering public service are recent law graduates 许多加入公共服务的是刚毕业的法学大学生。 who find government salaries sufficiently attractive at this stage of their careers 政府薪水有足够的吸引力 seek the training that such service may offer as a prelude to private practice. 锻炼自己，作为私人开业的前奏,法律英语,49,Limitation

32、 on top salaries discourage some from continuing with the government. 最高薪水的限制使一些人不再为政府工作。,法律英语,50,The majority serves by appointment in legal departments of a variety of federal and state agencies and local entities. 大多数的政府律师在联邦、州政府和地方机构的法律部门任职。,法律英语,51,The United States Department of Justice alone

33、employs more than two thousand, and the Law Department of the City of New York more than four hundred. 美国司法部2000多人 纽约司法局400多人,法律英语,52,Others are engaged as public prosecutors. Federal prosecutors, the United States attorneys and their assistants, are appointed by the President and are subordinate to

34、 the Attorney General of the United States. 其他政府律师是检查官。联邦检查官、美国政府律师和助理检查官由总统任命，受命于美国总检察长（司法部长）。,法律英语,53,Attorney General总检察长，司法部长John Ashcroft 约翰阿什克里夫特,法律英语,54,The Attorney General, as head of the Department of Justice and chief law enforcement officer of the Federal Government, represents the Unite

35、d States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance.,法律英语,55,States prosecutors, sometimes known as district attorneys, are commonly elected by each county and are not under the control of the state attorney general. 州检查官，又叫地区检查官，一般由其所在县的公民选举产生，不受