2024年5月6日发(作者：coverage)

法律英语

一．名词解释

1.【civil 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

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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 repudiate the contract before

performance is due. 先期违约

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