法律英语整理.doc

法律英语 一．名词解释ivil law system】the civil law countries have codified their law so that the main source of law in those countries is to be found in the statutes rather than in the cases. 大陆法系 2.【common law system】under the common law system, however, statute as well as cases are sources of law. 英美法系 3.【constitutional law】is an expression of how people want to live as individuals within an organized society. 宪法 4.【separate the power】of the government among the three governmental among the three governmental branches: the executive, the legislative, and the judiciary. 三权分立 5.【judicial review】judicial control was not limited to the review of state law for its constitutionality. It extended to examination and review of federal laws as well. 司法复审 6.【preemption doctrine】are considered to have such a notional character that federal laws must supercede state law with regard to them, if a state law conflicts with a valid federal law, the court will invalidate the state law because it is preempted by a comparable federal law. 抢先原则 7.【abstention doctrine】under which federal courts relinquish jurisdiction in certain circumstances in order to avoid needless friction with the administration of the state affairs. 回避原则 8.【due process of law】is thought to mean that any law that potentially can deprive one of life, liberty or property should contain certain basic procedures to assure fairness. 正当法律程序 9.【a contract】is a manifestation of the mutual assent of the parties. 合同 10.【implied-in-fact】when the parties manifest their agreement by conduct rather than by words, it’s said to be implied-in-fact. 事实默示 11.【implied-in-law contracts】are quasi-contracts, because the obligation is created by law in absence of agreement, to prevent unjust enrichment. 法律默示 12.【waiver】has been define as the passing by of an occasion to enforce a legal right, whereby the legal right is lost. 弃权 13.【force majeure】are events which are beyond the control of the parties. 不可抗力 14.【anticipatory repudiation】 which repud