法律英语课件-LegalEnglish(casebrief)案例摘要.pptx

Legal English; How to read English Cases;Marbury v. Madison California v. O.J.Simpson Miranda v. Arizona Greenman v. Yuba Power Products, Inc. Hamer v. Sidway;1. Case Name E.g. Marbury v. Madison V. is short for versus ( 诉求） 2. Court rendering the opinion E.g. New Jersey Supreme Court 3. Citation 4. Justice wrote the opinion 5.Opinion stating the issue raised, describing the parties and facts, discussing the relevant law, and rending judgment.; 1. 主审法官的意见用现在时态；前审法院的意见用过去时态； 2. 主审法官的意见是法院意见； 3. 除法院意见外还有两种意见，被称为“反对意见”与“配合意见”。 ;反对意见（dissenting opinion) ___opinion offered by a judge disagreeing with the majority panel of judges’ conclusion 配合意见(concurring opinion) ___opinion written by a judge agreeing with the majority;6. Votes of the court affirmance (维持原判） reversal (撤销原判） remandment （发回重审）; Court decisions are complied chronologically by date of issuance and published in volumes called case reporters. Law reports include decisions of court appeals and the decisions of the supreme courts that give the common law lawyer information on the status of the law. It is also these decisions that a student of law school. ; A citation identifies a legal authority or reference work, such as a constitution, statute, court decision, administrative rule, or treatise. The function of a citation is to help a reader to do legal researches, which serves to help the reader locate a legal authority or reference work. ;A standard case citation contains: 1. the name of the case; 2. the published sources in which we can find the case; 3. information in parentheses indicating; A . the year the decision was issued , and B . When not apparent from the name of the cited reported volume, the court which issued thee decision; and 4. the prior or subsequent history, if any, of the case.; The name and the citation of the case names of litigants and correct legal citation for this reported case. Name Official Citation Unofficial