An Analysis of Legal English.docx

1、An Analysis of Legal English毕 业 论 文（设计）题 目 An Analysis of Legal English in the American Court Drama指导老师 刘冬梅 专业班级 英语文化方向4班 姓 名 刘星 学 号 201311010401 2015年 11月 11 日An Analysis of Legal English in the American Court Drama浅析美国法庭剧中的法律英语InductionOver the past 30 years Open Policy, China has played a more an

2、d more important role in the international communication. A number of oversea films have spread to China while demand for English majors students is increasing in a rapid way. Especially, since we joined the WTO, those people who know English as well as master some laws are more popular and competen

3、t. In most of colleges of China, there is a course-Legal English for English learners. Therefore, study on legal English in the film is obviously much more significant.There is no doubt that the film is one of the greatest invention in the 20th century. It has become a very popular form of entertain

4、ment among the public.Meanwhile, movies could provide in a more relaxing and comfortable way an access to foreign cultures. And what may have seemed so mysterious or even ridiculous in books before gradually became relatively easier for the audience to understand and accept as they didnt have to for

5、m the image themselves according to their own understanding but can view the object in a more specific all-around way. Whats more, as movies are generally public oriented, it is more convenient for people to have a discussion of a wider scope. In this sense, movies get more efficiency in promoting i

6、deas, images, theories and so on. Legal English has been referred to as a Sub language. It is a subject to research for legal documents, court pleadings, laws and legal correspondence. Now, due to the spread of Legal English as the predominant language of international business, as well as its role

7、as a legal language within the European Union, legal English is now a global phenomenon. In this age of information and technology, the trial film, also called the courtroom drama, is a good window for us to know about legal English. Here are some awesome dramas for you: 12AngryMen，AManforAllSeasons

8、，AnatomyofaMurder，InherittheWind，TheTrial，TheWrongMan and ToKillaMockingbird and so on. Thus, the movie expanded its own role from the sole entertainer to a body as culture carrier, which brings forth another problem for audience to resolve, the analysis of films. For me, I mainly take examples of t

9、welve Angry Men,Philadelphia and To Kill a Mockingbird to help me explain some conceptions of Legal English of America. I would like to state my article according the following three aspects: what is Twelve Angry Men, Philadelphia and To Kill a Mockingbird , modern jury trail of America and The Amer

10、ican legal system and principles in these films. Finally, we should stress these important judge rules again: Jury Trial, First-degree murder, Unanimous verdict, Presumption of innocence, who claim, who proof and Reasonable doubt. Especially, making good use of these ideas in our judiciary must make

11、 a big influence.1. Jury Trial Presented in the Film Twelve Angry MenTwelve angry men was made into film in 1957 in America and become a must-read passage in the text book in the university now in China. Nowadays, more and more students concerned about economy much more than politics. Someone even m

12、isunderstands democracy and autocracy. Studying it not only adds the law knowledge to us, but also builds up our awareness of human rights. In this part, I will introduce the twelve angry men clearly by the writing background and the original story. The writer had experienced many trials on the cour

13、t and criticized unreasonable system of law. Twelve angry men tells the court story of a boy who was accused of murdering and implys us a truth of trail. 1.1 Writer and Social BackgroundReginald Rose(December 10, 1920 April 19, 2002) was anAmericanfilmandtelevisionwriter most widely known for his wo

14、rk in theearly years of television drama. Roses work is marked by its treatment of controversial social and political issues. Hisrealisticapproach helped create theslice of lifeschool of televisiondrama, which was particularly influential in the anthology programs of the 1950s. He wrote the 12 hungr

15、y men and made a success at the same year. He said he wrote it based on an experience of being juror in the court. As we all know, America has stood a special era; since the Second World War was over in 1945.It was certain that America was experiencing Korean War, Anti-communism Movement and Civil R

16、ight Movement as well. It was necessary for America to do some reforms of Economy, politics and culture, even Judiciary. 1.2 The Original Story of the Play12 Angry Men is a play which was made into a film in 1957. It mainly explored the American jury system and the legal justice .The film won the Go

17、lden Bear Award in Berlin Film Festival in 1957 and was nominated for Best Picture Award in Oscar Film Festival in 1958.It is famous as “unbeaten classic in the history of the cinema in America.12 Hungry Man tells a story of a boy from the slums who is accused of murdering his father and will be sen

18、tenced to death. Witnesses and murder weapons have been referring to the boys guilty in court. 12 strangers, people of different professions consist of the jury and they discuss the case in the jury room until they have an agreement. Every character in the film has his personality and characteristic

19、s. In addition to the juror number eight -a rational engineer of integrity, others contend that the criminal facts are very clear and that boy is guilty before the formal discussion. No. 8 juror proposed his own “reasonable doubts” to persuade the other jurors patiently.After the debate again and ag

20、ain, more and more people think that the case has a lot of doubts. If everyone has irresponsibly voted a guilty, the life of the young man will all be ruined.In the end, through a variety of different outlooks on life and the way of thinking of conflicts, all members of the jury cast his sacred vote

21、 and make a verdict of not guilty for the boy.2. Opening Statement Revealed in the Film PhiladelphiaAn opening statement is generally the first occasion that the trier of fact has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally c

22、onstructed to serve as a road map for the fact-finder. This is especially essential, in many jury trials, since jurors know nothing at all about the case before the trial. Though such statements may be dramatic and vivid, they must be limited to the evidence reasonably expected to be presented durin

23、g the trial. Attorneys generally conclude opening statements with a reminder that at the conclusion of evidence, the attorney will return to ask the fact-finder to find in his or her clients favor. And Philadelphia is a 1993 American drama film and one of the first mainstream Hollywood films to ackn

24、owledge HIV/AIDS, homosexuality, and homophobia. It was written by Ron Nyswaner, directed by Jonathan Demme and stars Tom Hanks and Denzel Washington. In this film, there are 2 parts about opening statement: one is by negro lawyer, Joe Miller, another, by white lawyer, Belinda Co-nine. Both of them

25、perfect well.1.1 The Original Story of the Film Andrew Beckett is a Senior Associate at the largest corporate law firm in Philadelphia. Beckett hides his homosexuality and his status as an AIDS patient from the other members of the law firm. On the day Beckett is assigned the firms newest and most i

26、mportant case, a partner in the firm notices a lesion on Becketts forehead. Although Beckett attributes the lesion to a racquetball injury, it is actually due to Kaposis Sarcoma, a form of cancer marked by multiple tumors on the lymph nodes and skin.Shortly thereafter, Beckett stays home from work f

27、or several days to try to find a way to hide his lesions. The following day Beckett is fired by the firms partners.Beckett believes that someone deliberately hid his paperwork to give the firm an excuse to fire him, and that the firing is actually as a result of his diagnosis with AIDS. After declin

28、ing to take the case, Miller immediately visits his doctor to find out if he could have contracted the disease. Disgusted by the other peoples behavior, Miller approaches Beckett, reviews the material Beckett has gathered, and takes the case.As the case goes before the court, the partners of the fir

29、m take the stand, each claiming that Beckett was incompetent and that he had deliberately tried to hide his condition. The defense repeatedly suggests that Beckett had invited his illness through his homosexual acts and was therefore not a victim. In the course of testimony, it is revealed that the

30、partner who had noticed Becketts lesion had previously worked with a woman who had contracted AIDS after a blood transfusion and so should have recognized the lesion as relating to AIDS. According to that partner, the woman was an innocent victim, unlike Beckett, and further testified that he did no

31、t recognize Becketts lesions. To prove that the lesions would have been visible, Miller asks Beckett to unbutton his shirt while on the witness stand, revealing that his lesions were indeed visible and recognizable as such.Beckett eventually collapses during the trial. During his hospitalization, th

32、e jury votes in his favor, awarding him back pay, damages for pain and suffering, and punitive damages. The movie ends with a reception at Becketts home following the funeral, where many mourners, including Miller, view home movies of Beckett as a healthy child.1.2 Analysis of Opening Statement in the Film There are much court debating in the film. In some extent, they can bu used as models of opening statements. For example, “Ladies and gentlemen of the jury, forget everything you have seen on the television and in the movies. Theres not gonna be any l