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法律职业legal profeion;律师协会Bar Aociation 律师执业practice law;专职法律顾问House counsel;两级审判体制two-tiered system；司法管辖区judicial district;私人执业律师private practitioner;刑事责任criminal liability;正当杀人justifiable homicide;激情杀人killing sb.“in the heat of paion”;非故意杀人unintentional killing;过失杀人罪 negligent homicide.法律效力legal effect;事实、书面协议agreement-in-fact(as written)法官的自由裁决权judicial discretion;补偿和损害赔偿金compensation and damages;无形损害intangible damage;共同过失contributory negligence;严格（无过错）责任strict(No-Fault)liability.重罪谋杀felony murder, robbery1、产品责任（product liability）：liability in TORT or DELICT in respect of produce.Eentially an application of the law of tort although the term can be used to cover liability under sale and supply of goods.过失侵权责任 Tort liability for negligence presupposes causality
between the negligent act and injury to person or property.A person is negligent if he has not complied with his “duty of care” and, seen objectively, has not acted as “ a reasonable and prudent man.”
2、无过错责任严格责任：（no-fault liability）=strict liability.(in tort)Liability for a wrong that is imposed withoutthe claimant having to prove that the defendant was at fault.Strict liability is exceptional in the law of tort, but is imposed for torts involving dangerous animals and dangerous things conversion, defamation, products liability, and some cases of breach of statutory duty.It is no defence in these torts that the defendant took reasonable care to prevent damage, but various
other defences are admitted.杀人：Homicide,is the killing of one human being by another human being.谋杀：murder:According to the common law, murder was the killing of a human being with “malice”,malice may be expre or implied.3、一级谋杀：First degree murder is any murder that is willful and
premeditated.Felony murder is typically first degree murder.非预谋杀人：Manslaughter, was defined a common law as an unlawful killing of another without malice.It could be ethier voluntary or involuntary.==voluntary Manslaughter, an intentional killing upon “great provocation” and ”in the heat of paion” constitutes the crime of
voluntary Manslaughter.Involuntary manslaughter, may be described generally as an unintentional killing resulting from gro negligence, or as a result of dangerous unlawful conduct.4、司法系统：judicial system:the system of law courts that administer justice and constitute the judicial branch of government.There are fifty-two separate courts systems in the United States.Each state, as well as the District of Columbia, has its own fully developed, independent system of courts and there is a separate federal courts system.The presence of two parallel court systems, presenting important iues of federalism.The
United States Supreme Court, composed of nine justices, sits as the final and controlling voice over all these systems.米兰达规则：The Miranda Rule：When a person is in custody, some version of the Miranda rights, the interrogator must advise the suspect that : When a person is in custody, some version of the
Miranda rights, such as: a.he has aright to remain silent;b.anything he says may be used against him;c.he has a right to an lawyer;d.If he cannot
afford a lawyer one will be provided free.It became known as the doctrine of Miranda warnings later.侵权行为： A tort is something that you do or fail to do which harms someone else and for which you can be sued for damages.tort, in common law
jurisdictions, is a civil wrong.Tort law deals with situations where a person's behaviour has unfairly caused someone else to suffer lo or harm.侵权责任：(tortious liability): Liability that arises from the breach of a duty thatis fixed primarily by the law,is owed to persons generally, andwhen
breached, is redreable by an action for unliquidated damages.5、法律职业： legal profeion ：the body of individuals qualified to practice law in a particular jurisdiction.American legal profeion composed by lawyers, judges, prosecutors and law teachers.7.专职法律顾问house counsel,employed by private busine concerns, such as industrial corporations, banks, usually as house or corporate counsel in the concern’s legal department.8.合同contract, as we will use that term, ordinarily connotes an agreement
between two or more persons-not merely a shared belief, but a common understanding as to refer to a
document-the set of papers in which such an agreement is set forth.1、一级谋杀与二级谋杀的区别：A “willful, deliberate and premeditated” killing.such a poisoning or a killing during the commiion fo a dangerous felony, may be labeled first degree
murder and punishable by death or long imprisonment.Other forms of murder may be of the second degree and punishable with a leer penalty.According to the common law, however, there were no degrees of murder.Any unlawful killing was either murder or manslaughter.汉译英：
1、是否废除死刑是法学界长期争议的问题。
Whether to abolish capital punishment is widely debated for long in law Profeion.案例教学法是美国法学界最普遍的教学方法。
Case method is the most popular teaching method widely used in American law profeion.3、联邦和州最高法院的法官被称为大法官。
The federal and state Supreme Court judges are called justice.4、然而，构成对此规则之例外的虽少但很重要的一小部分人包括那些被任命担任高级行政职务的人和那些被选举担任政治性官职的人。However, a small but important minority that constitutes an exception to this rule consists of those who have been
appointed to high executive positions and those who have been elected to political office.5、在我们的执业的传统中，没有一个能像其担任公共事务领导的传统那样受到律师们的钟爱。No tradition of our profeion is more cherished by lawyers than that of its leadership in public affairs.6、（各州）采用的做法反映了关于最高法院应发挥什么作用的不同哲理。The approaches taken reflect differing philosophies with regard to what the highest court should do.7.该杀人行为的有关情况表明了一颗冷酷邪恶之心。The circumstances attending the killing show an abandoned and malignant heart.8.至于那些可以合理地归入这种行为范畴的杀人，该行为的危险性就是“恶意”的证明。The dangerousne of the conduct would be evidence of “malice” as regards any killing that may be reasonably attributed to such conduct.9.它导致了那些如果法官或陪审团只能选择监禁性或无罪释放便可能无法得到的有罪判决。It results in
convictions that might not be secured if a judge or jury had no choice other than a penitentiary sentence or an acquittal.10.该法院裁定：继任审判员不得仅仅因为其反对死刑的良心顾忌而被要求退出审判团。The court held that
prospective jurors could not be rejected solely because of conscientious scruples against the death penalty.11.他设立了当其不按约履行时便可由某种法律强制手段保证实施的义务。It creates obligations for which some sort of legal enforcement will be available if performance is forthcoming as promised.12.即使是那些对财产私有权的许可未达到我们这种程度的社会也会承认个人的人身权利不受某种行为的侵犯，如给人造成身体伤害或其他对个人自由或尊严的侵犯。Even societies that do not permit private ownership of wealth to the degree that ours does are likely to recognize the personal rights of
individuals to be free from certain kinds of conduct such as the infliction of physical injury or other interferences with their individual freedom or dignity.13.某些被我们称作欺诈的行为同时构成了违约和侵权。Some types of conducts that we call “fraud” can
constitute both a breach of contact and a
tort.14.法律之网可能不像常言所说的那样结实无缝，但是学生们和教师们同样都要谨防坠入相信我们的各种法律分类都是打不破也不能改变的那一陷阱，他们实际上不是那样。The wed of the law may not be quite as seamle as the old saying would have it, but
students and teachers alike must beware of falling into the trap of believing that our various legal categories are ironclad and unchanging;they are not.15.美国法律允许律师分享原告人所获得的赔偿金，即使达到法院判付金额的25%—33%的情况也并非罕见。American law permits the participation of the attorney in the plaintiff’s recovery which not uncommonly amounts to 25 to 33 percent of the verdict.16.作为侵权行为人醉酒之结果而受到伤害的一方有权向那些照成该侵权行为人醉酒的人提出索赔请求。A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.17.过失侵权责任以过失行为与对人身或财产的侵害之间的因果关系为前提。Tort liability for negligence presupposes causality between the
negligent act and the injury to person or property.18.共同过失辩护的严格性已经因一些州采用了“比较过失”原则而得到减弱。The harshne of the contributory negligence defense has been softened in some States by adoption of the “comparative negligence” doctrine.19.销售商应该遇见到会由于对该产品的恰到使用而带来危险的每一个人均受保护。Everyone is protected whom the seller “should expect to be
endangered by [the product’s] probable use”.
