法律英语-课件内容重摘录整理.doc

法律英语 L1 Introduction 法律英语-期末评分细则 Assessment Percentages: 10% Attendance Participation 15% Law Forum 15% Writing: Weekly Case Reports 10% Monthly Quizzes 50% Final Exam 法律英语学习内容 Content(substantive legal knowledge): Contracts under the common law International commercial contracts under the CISG Definition and types of contract An introduction to the history and development of the CISG ? Applicability of the CISG Formation of contracts Validity of contracts Validity and formation of international sales contracts Warranty provisions Breach and remedies Remedies for breach of contract Discharge Excuses for nonperformance A case report consists of: Title of the case Facts Legal issue (more than one ; legal issues ≠ disputes of parties) ----Legal issue is the point or points of law addressed by the case. ---- Through Comparing the claims of opposite parties and the key argument is usually the legal issue of the case, which is presented to judge to make decision. Reasoning = relevant rules -- the application of those rules -- the conclusion the court reached Holding L2 –Conflict of laws 1．In the international business transaction, such as, in an international sales contract, the parties from different countries are involved, and the contracting place may be different from the place of performance. If there arises dispute, what matters must the parties concern with? ----Which country’s law will apply to the contract? ----Where will the case be heard? 2．To know what law applies to a contract, court will resort to conflict of law rules. ( conflict of law is the area of law of each legal system which regulates how to deal with cases involving a foreign factor.) But application of conflict of law rules may bring about uncertainty and lack of predictability over how the case will be resolved, thus increase the risk of an international sale. 3．To avoid uncertainty and unpredictability of conflict of law, many international