法律英语写作_教案0906课件.pptVIP

Legal English Writing: A Practice-oriented Course;公共邮箱：legalwriting2008@126.com;The essential questions:;University Life: Objectives and Priorities;Yale Universty: college graduate objectives;;Lawyering Skills: Priorities;Lawyering Skills: a list;Professional Thinking;;Introduction I;I. Terminology:;ii. Heavy use of old-fashioned and foreign words;iii. Frequent use of pair and synonymous words;iv. Heavy use of modal verbs and imperative words;II. Part of speech;II. Part of speech (continued);II. Part of speech (continued);III. Syntax;Long and complete sentences: (17 normal) If the bill of lading contains particulars concerning the general nature, leading marks, number of packages or pieces, weight or quantity of the goods which the carrier or other person issuing the bill of lading on his behalf knows or has reasonal grounds to suspect do not accurately represent the goods actually taken over or, where a shipped bill of lading issued, loaded, or if he had no reasonable means of checking such particulars, the carrier or such other person must insert in the bill of lading a reservation specifying these inaccuracies, grounds of suspicion of the absence of reasonable means of checking. ;III. Syntax (continued);Introduction II;I Legal Reasoning in General;II. Legal Reasoning Contrasted;;III. Examples of Legal Reasoning in Anglo-American Law ;;;General principles of the Balancing Test Consider all of the facts and circumstances. No single factor determines the case. Equity: This is the moralistic argument that we want to cure harms to an injured party and deter bad behavior. Example: unconscionability in a contract;iii. Public Policy Argument A strong country-specific type of argument: Honor-killing. Equity: moralistic argument Economic Efficiency: all rules be based on a cost-benefit analysis. Predictability: law’s chief function;Legal Interpretations;Course I Case Brief;I. The Merits of Case Reading;II. The Composition of Case;Holding and dicta: the core of