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Presentation on Mar.16

Presentation on Mar.16. 1. Reading the main-text and supplementary reading to understand the legal education of the U.S., focusing on l Curriculum l Teaching and Study method l Law degrees l You opinion G1: 1-7 ;G2: 8-15;G3: 16-21

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Presentation on Mar.16

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  1. Presentation on Mar.16 1.Reading the main-text and supplementary reading to understand the legal education of the U.S., focusing on lCurriculum lTeaching and Study method lLaw degrees lYou opinion G1: 1-7 ;G2: 8-15;G3: 16-21 2.Do some research to find out current legal education of China, focusing on lGeneral Curriculum lTeaching and Study method lLaw degrees lYour opinion G4: 22-27;G5: 28-33;G6: 34-39 You should give a presentation for above topics on Mar.16. You may ask one person to finish all questions, or allocate the questions to each person. Each group will have 10-15minutes to present. Please do not limit you eyes only on your textbook

  2. Listening practice • Law (6 sentences) • Court (3 sentences)

  3. Please check how many you have heard: • Law • A later statute takes away the affect of a prior one • Arms and laws do not flourish together • Consent makes law • Custom has the force of law • Customs, religions, and philosophies turned to form the basis for a nation’s law • Equity is a correction of common legal rules in their defective parts. • Court • A judicial form has nothing to do with what is not before it • The court found the accused guilty on all charges • The court has made an order for specific performance

  4. Chapter 4 Legal ProfessionMain Text

  5. Words and expressions • Regulation • 1) the act of regulating or state of being regulated 以立法手段进行规范管理 • 2) a rule or order issued by a government agency and often having the force of law 通常由行政官员按主要立法颁发的行政法规和规章。 • The Bar • 1)the profession or occupation of lawyer • 2) “court” ； “tribunal” • "bar examination" : • a professional association made up of members of a particular bar (as of a state) • Compare to bench • Multistate Bar Exam • an examination that is usu. administered by a jurisdiction's bar association and which a lawyer must pass prior to admission to the bar of that jurisdiction

  6. Words and expressions • Entitle授权 • to give an enforceable right to claim something • Example: her will entitles her daughters to half of her estate • Local counsel 当地律师 • Counsel: as "lawyer" • 1): a lawyer participating in the management or trial of a case in court • 2): a lawyer appointed or engaged to advise or represent a client in legal matters (as negotiations or the drafting of documents) • general counsel： • a lawyer at the head of a legal department (as of a corporation or government agency) • house counsel： • a lawyer employed by a business to work in-house on its legal matters专职法律顾问=corporate counsel • Practicing lawyer：执业律师 • Practice law 从事律师业务

  7. Words and expressions • Barrister and solicitor 大律师和小律师 • Barrister • 诉讼律师，在香港或英国有权代表当事人在各级法院进行诉讼的律师。 • a lawyer who argues cases before a British court, esp one who is allowed to argue before a British high court • Solicitor 非诉律师 • 担任案件的诉讼准备工作和从事非诉讼律师业务。一般只能在中、下级法院有发言权。 • a British lawyer who advises clients, represents them in the lower courts, and prepares cases for barristers to try in higher courts • Advocacy 出庭辩护、代理诉讼 • 1）the profession or work of an advocate • 2）the action of advocating, pleading for, or supporting a cause or proposal • Advocate: a person (as a lawyer) who works and argues in support of another‘s cause esp. in court 辩护律师、辩护人。

  8. Words and expressions • Partnership 合伙制： • an association of two or more persons or entities that conduct a business for profit as co-owners 。 • Associate被律师事务所雇佣的、非合伙人的律师 • a lawyer employed by a law firm • Board of director 董事会 • a group of individuals elected by the shareholders of a corporation to manage the corporation's business and appoint its officers • Obligation 义务 • A duty to perform or to refrain from action • Right --assignment • Obligation -- delegate • Duty: 义务、职责、责任、职务 • that which one is required to do or refrain from doing, esp. as occupant of some position, role, or office;

  9. Words and expressions • Prosecutor • 检察官、公诉人、控方 • 1）: a person who institutes a prosecution • 2）: a government attorney who presents the state's case against the defendant in a criminal prosecution • prosecution指控 • the act or process of prosecuting

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