法律英语901.docx

1、法律英语901法律英语901Part 3 Encumbrance1.A landowner who already holds land subject to a mortgagemay wish to hypothecate his equity.2.A lien against the property is granted to secure an obligation.3.A pledge is something more that a mere lien and something less than a mortgage.4.After the court imposed the

2、 lien,it usually issues a writ directing the sheriff to seize the property.5.If the purpose of the transaction is to transfer property for security only,then the courts will hold the transaction a pledge.6.It is a charge on land.7.He decided to redeem the pledge.8.Mineral rights are not mortgageable

3、 in this jurisdiction.9.Mortgage is a security interest in real property.10.The debtor whose property is subject to the mortgage is called the mortgagor.3、财产负担差不多拥有被按揭抵押土地的所有人可能会期望抵押他的衡平法权益.准予对财产拥有留置权以保证义务之履行.质押的性质超过纯粹留置,但却比不上按揭.当法庭判定留置权后,其通常签发一令状,指示司法行政官扣押该财产.假如交易之目的只是因为担保而转让财产,法院将裁定此种交易是一种质押行为.此是土

4、地的抵押.他决定赎回质押物.在该司法管辖区,矿业权益不能用作按揭抵押.按揭是不动产的一种物权担保.其财产被按揭抵押的债务人被称为抵押人.Part 4 Process1.Address of service of process shall be included in the Articles of Association.2.Alias summons is a subsequent summons issued to replace one that could not be served or otherwise failed.3.Smith was subpoenaed as a wi

5、tness to appear in the circuit court.4.Summons is a written notification that one is required to appear in court.5.The bailiff was in charge of issuing a summons on the plaintiff.6.The court served a summons on him.7.The summons was withdrawn.8.The witnesses were subpoenaed to attend the trial.9.The

6、 writ was indorsed with details of the plaintiffs claim.10.They were accused of demanding payment with threats.4、传票中应包括有传票送达地址。第二传票是取代因无法送达或因其他缘故失效的传票之传票。史密斯被传唤为证人在巡回法院出庭。传票是一种要求某人出庭的书面通知。法庭执达官负责向被告签发传票。法院向他送达了传票。传票被撤销。用传票传唤证人参加审判。传票上详细批注了原告的主张。他们被指控用威逼方式提出付款要求。Part 5 Judge1.A good judge can extend

7、the boundary of justice.2.A judge cannot be witness in his own cause.3.A judge cannot punish a wrong done to himself.4.A judge incurs no civil liability for judicial acts,even if guilty of fraud and corruption.5.An upright judge has more regard to justice than to me.6.If the judge departs from the s

8、entencing guideline rangehe must have a lawful reason for such a departure.7.Judges shall handle cases impartially and in accordance with the law.8.Most disputes that arise in any society are not handled through the court system.9.No one can be at once suitor and judge.10.No one can be judge in his

9、own case.11.Sentencing is at the discretion of the judge.12.The chaiman of the tribunal asked to see all the facts on the income tax claim.13.The judge was appointed to sit in a special case.14.The magistrates committed her for trial at the Crown Court.15.The judge accepted the defendants undertakin

10、g not to harass the plaintiff.16.The judge decided in favor of plaintiff.17.The judge disallowed the defense evidence.18.The judge exceeded his powers in criticizing the court of appeal.19.The judge found that the plaintiffs pleadings disclosed no cause of action.20.The judge heard the case in chamb

11、er.21.The judge must not hear the evidenceor the representations from one side behind the back of the other.22.The judge ordered the actions to be consolidated.23.The judge refused the application,on the ground that he had a judicial descretion to examine inadmissible evidene.24.The judge revised hi

12、s earlier decisionnot to consider a submission from defense counsel.25.The judge warned counsel not to prompt the witness.26.The judge was of the opinion that if the evidence was doubtfulthe claim should be dismissed.27.The justices were ordered to rehear the information.28.The Lord Justice said he

13、was not laying down guideline for sentencing.29.The judge consented to the request of the prosecution counsel.30.The practice of the judge is the interpreter of law.5、法官优秀的法官能够拓展正义的疆界.法官不得在其受理的案件中当证人.法官不得对使自己蒙受的过错进行惩戒.法官不得因其司法行为而承担民事责任,即使犯有诈欺与贪污罪.法官能公平,重法不重人.法官必须有合法的理由方可偏离依照判刑准那么所确定的量刑范畴.法官应当依法秉公办案.

14、社会的大多数争议并非都要通过法院体系解决.起诉者不得兼为法官.任何人不能审判自己的案件.量刑由法官自由裁定.审判长要求考虑所有有关所得税主张的事实.该法官被任命审理一个专门案件.治安法官将她带到巡回刑事法庭受审.法官认可了被告不去扰乱原告的承诺.法官判原告胜诉.法官没有采信辩方证据.法官越权对上诉法院进行批判.法官裁定原告诉状没有说明诉因.法官不公司审理该案.法官不得背着一方当事人去听取另一方的证据或陈述.法官命令将诉讼合并审理。法官拒绝了申请，依照是他有审理不被采信证据的司法裁量权。法官修正了他早先不考虑被告方律师意见的决定。法官警告律师不得诱导证人。法官认为，假如证据有疑，应不驳回主张。法

15、官被命令重新审理起诉。大法官说他现在没有制定判刑的标准。法官同意控方律师的要求。法官的通常工作是说明法律。六、法理Jurisprudence1.A subsequent ratification has a retrospective affect,and be equivalent to a prior command.2.Absolute power corrupts absolutely.3.Fairness and justice in a jurisdiction are realized case by case being settled properly.4.Give a th

16、ief enough rope and hell hang himself.5.Good order in the foundation of all things.6.Ignorance of law excuses no one.7.In a healthy legal system the values of order and justice are not normally at cross-purposes.8.In doubt,the milder course is to be followed.9.Infancy is shield,not a sword.10.It is

17、an important step to replace the rule of men with the urle of law in Chinas justice reforms.11.It is better to fight for justice than to rail at the ill.12.Justice must not only be done,but must be seen to be done.13.Let right be done,though the heavens fall.14.Like reason makes like law.15.No man s

18、hould benefit from his own injustice.16.Nobody has a more sacred obligation to obey the law than those who make the law.17.She who comes to equity must come with clean hands.18.State ways cannot change folkways.19.Suppression of the truth is the expression of what is false.20.The history of liberty

19、has largely been the history of the observance of procedural safeguards.21.The place governs the act.22.The rules must not be constantly changing.23.The same transaction may give rise to both a civil and a criminal action.24.The spoken word flies;the written word remains.25.Though few are punished,t

20、he fear of punishment affects all.26.Truth is afraid of nothing but concealment.27.We must follow a strict interpretation of the rules.28.Who pardons the bad,injures the good.29.Without judicial review,statutory limits would be naught but empty words.30.Wrong laws make short government.6、法理事后假追认有溯及力

21、，等同先前命令。绝对权力绝对腐败。司法的公平和正义是通过案件逐一得到妥善解决予以实现的。多行不义必自毙。良好的秩序是一切之基础。不知法不能成为任何人躲避法律的借口。在健全的法律制度下，秩序与正义这两个价值一样可不能冲突。遇到疑义时应遵循从宽原那么。未成年可作为抗辩之理由，但不能作为攻击之借口。以法治代替人治是中国司法改革的重要一步。与其责骂罪责,不如伸张正义。正义不仅应得到实现，而且还应以人们看得见的方式得到实现。秉公办事，何惧天塌下来。看似的理由导致相似的规那么。没有人应当从自已的过错中获益。法律制定者比谁都更具有守法之神圣义务。自身清白方能获得衡平救济。国家手段不能改变社会习俗。抑压真相，

22、犹如作伪。自由的历史在专门大程度上是遵守程序保证条款的历史。场所支配行为。规那么不得朝令夕改。同一活动可能导致民事和刑事诉讼。口说无凭,立些为证.惩一儆白。真相无所惧，惟怕被隐瞒。我们必须对规那么严格说明。宽恕坏人必伤及好人。没有司法审查,法定权限将只是一句空话。法制不健全,统治也短命。Part 7 Law1.A later statute takes away the effect of a prior one.2.Arms and laws do not flourish together.3.Consent makes law.4.Custom has the force of law.

23、5.Customs,religions and philosophies tend to form the basis for a nations laws6.Equity is a correction of common legal rules in their defective parts.7.Except as otherwise provided by law.8.Every law has a loop hole.9.Every law has no atom of strength,as far as no public opinion supports in.10.In ci

24、vilized life,law floats in a sea of ethics.11.It can hardly be taken to be a guaranteethat every law shall treet every person the same.12.Law can never be enforced unless fear supports it.13.Law does not compel a man to do what he is impossible to perform.14.Law governs man,reason the law.15.Law is

25、a pervasive feature of social life that profoundly affects us.16.Law is an exercise in communication between authority and the public.17.Law is an ordinance of reason for the common good.18.Law is an utterance determined by the common consent of the commonwealth.19.Law is both an instrument of chang

26、e and a result of changes.20.Law is established for the benefit of man.21.Law is law,just or not.22.Law is mind without reason.23.Law is order,and good law is good order.24.Law is the crystallization of the habit and thought of society.25.Law is the science of what is good and just.26.Law must be st

27、able and it cannot stand still.27.Law that is deficient is better than law that is uncertain.28.Laws are made to prevent the stronger from having the power to do everything.29.Laws are gentle are seldom obeyed;too severe,seldom executed.30.No,crime without law making it so;no penalty without law mak

28、ing it so.31.No one is above the law.32.One with the law is a majority.33.Scarcely any law can be made which is beneficial to all;but if it benefits the majority it is useful.34.Substantial law defined rights,and procedural law establishes the procedures by which rights are protected and enforced.35

29、.The definition of law depends on how we look at its purposes or funcitons.36.The end of law is not abolish or restrain,but to preserve and enlarge freedom.37.The first of all laws is to respect the laws.38.The law cannot make all men equal,but they are all equal before the law.39.The law does not c

30、oncern itself about family trifles.40.The law holds no man responsible for the act of god.41.The law is the witness and external deposit of our moral life.42.The law never suffers anything contrary to trun.43.The law often allows what honor forbids.44.The law on libel is considered too lenient.45.Th

31、e law protects citizens who are wrongfully deprived of their liberty by another.46.The law was made for man and not man for the law.47.The law will catch up with him in the end.48.The legal source of the privilege varies from jurisdiction to jurisdiction.49.The more laws,the more offences.50.The new regulations will come into force on January 1st.51.The powers and duties are confered on the tribunal by the statutory code.52.The reason of the law ceasing,the law itself ceases.53.The safety of the peo