二十六、救济（Remedy）
1.If the contract is null and void,the remedy is to rescind and to put the parties in the position in which they were prior to the attempted agreement.
2.If the statute of limitations has run,the plaintiff is without redress.
3.In pleading,a party may request alternative relief.
4.Penal redress requires full compensation of the injured person as an instrument for punishing the offender.
5.The act expressly provides for injunctive relief.
6.The classic remedy for copyright infringement is equitable relief.
7.The judge deemed it sufficient to compensate the plaintitt, making a dquitable remedy unneccessary.
8.The lender has a remedy either in court or through repossession of the car.
9.The most common of legal remedy is damages.
10.We have to consider specific performance and other equitable remedies.
救济
如果合同无效,救济方法是撤销合同,
使双方当事人回复到协议签署之前的地位.
如果过了法定诉讼时效,原告将无法得到救济.
在诉辩状中,当事人可提出替换救济要求.
刑事救济规定对受害人进行充分补偿,
由此作为对罪犯的一种惩罚机制.
该法律明文规定了强制令救济.
传统的侵犯版权的救济是衡平法上的救济.
贷方有诉诸法庭或重新占有汽车两种救济方法.
贷方有诉诸法庭或重新占有汽车两种救济方法.
最常见的普通法上的救济是损害赔偿金.
我们必须考虑强制履行和其他的一些衡平法的救济.
Part 27 Legislation
1.A law should be amended or repealed only by the same procedures that were used to enact it.
2.A legislature has many of the same poweres as a court to support a legislative inquiry.
3.Courts often look to legislative intent for guidance in interpreting and applying a law.
4.it is the business of the judiciary to interpret the laws, not scan the authority of the lawgiver.
5.Such legislation is unconstitutional.
6.The greatest happiness of the greatest number is the foundation of morals and legislation.
7.The legislative cannot transfer the power
of making laws to any other hands.
8.The legislative history and the language of the law may provide indications of the legislative intent.
9.The legislative power is the supreme power in every commonwealth.
10.To carry out an objective review of current legislation is important.
立法
法律只有经其颁布之同样程序方能被修正或废除.
立法机关具有许多与法院相同的权力以进行立法调查.
法院经常留意立法意,以此作为解释和适用法律之指南.
法院的事务是解释法律而觊觎立法权.
此种立法是违宪的.
最大多数人的最大幸福是道德和立法的基础.
立法机关不能把制定法律的权力转让给任何其他人.
立法史和法律语言可以提供有关立法意图的线索.
立法权是第个国家中的最高权力.
对现行立法进行客观审查很重要.
Part 28 Lawyer
1.A barrister has right of audience in any court in England and Wales.
2.A lawyer shall not represent both parties involved in the same case.
3.A lawyer should assist in maintaining the integrity and competence of the legal profession.
4.A lawyer should assist in preventing the unauthorized practice of law.
5.A lawyer should assist the legal profession
in fulfilling its duty to make legal counsel available.
6.A lawyer should avoid even the appearance of professional impropriety.
7.A lawyer should exercise independent professional judgment
on behalf of a client.
8.A lawyer should preserve the confidences and secrets of client.
9.A lawyer should represent a client competently.
10.A lawyer should represent a client zealously within the bounds of the law.
11.Can you contact the solicitors representing the vendors?
12.Counsel is instructed to settle the defense.
13.Counsel for the plaintiff opposed the defendant's application for an adjournment.
14.Cousel for the prosecution opened with a description of the accused's family.
15.Counsel must not lead the witness.
16.Counsel pleaded the accused's age in extenuation of his actions.
17.Cousel prevailed upon the judge to arant an adjournmet.
18.Counsel questioned the reliability of the witness evidence.
19.Counsel raised a point of law.
20.Counsel stated that there was no case to answers,
but the judge demurred.
21.Defense counsel made a speech in mitigation.
22.Defense counsel put his case.
23.He has set up in practice as a solecitor.
24.He is a partner in a law firm.
25.He was denied the right to see his lawyer.
26.Sould legal advice depends upon the lawyer being fully informed by the client.
27.The accused decided to dispense with the services of a lawyer.
28.The solicitor attempted to have the charge dropped.
29.The solicitor paid the fine on behalf of his client.
30.The solicitor sent an extract of the deeds.
律师
律师有权在英格兰和威尔士的任何法院出庭.
律师不得在同一案件中为双方当事人担任代理人.
律师应帮助维护律师界的正直及业务能力.
律师应帮助防止非法执业.
律师应帮助律师界履行其提供法律顾问的义务.
律师甚至应避免出现不正当业务现象.
律师应代表当事人独立进行法律专业判断.
律师应当为当事人保密.
律师应称职地担任当事人的代理.
律师应在法律范围内热忱为当事人代理.
你能与代表卖主的律师联系吗?
律师接受指示处理辩护事项.
原千律师反对被告的休庭申请.
起诉方律师开始发言时对被告的家庭背景做了描述.
律师不得诱导证人.
律师以被告年龄为由要求减轻其行为过错.
律师劝说法官休庭.
律师对证人证词的可靠性表示怀疑.
辩护人提出了一个法律问题.
律师声明没有必要进行答辩,但法官表示不同意.
为获判刑被告律师做了发言.
辩护律师提出他的论点.
他已是一个开业"沙律师".
他是律师事务所的合伙人.
他被剥夺了会见律师的权利.
好的法律咨询意见取决于律师是否能从当事人处获得充分信息.
被告决定不要律师的服务.
沙律师试图使原告撤诉.
沙律师代表诉讼委托人支付了罚款(金).
沙律师寄出一份契据的摘录本.
Part 29 Contempt of court
1.At common law,conduct tending to interfere with the couse of justice in particular legal proceedings constitutes criminal contempt.
2.Because contemptuous conduct interferes with the administration of justice,it is punishable,usually by fine or imprisonment.
3.Criminal contempt is crime that is punishable by fine or imprisonment or both.
4.He is in danger of being in contempt of court.
5.He refused to obey the court order and was sent to prison for contempt.
6.His conduct tending to disregard the judge's order
constituted contempt of court.
7.The judge imposed an instant fine upon the contemnor.
8.The judge's decision sets a precedent for future cases of contempt of court.
9.The lawyer was fined $500 for contempt of court.
10.The sanctions for civil contempt end upon compliance with order.
藐视法庭
在普通法上,意在干预具体法律程序的司法过程之行为将构成藐视法庭罪.
因为藐视法庭行为干扰司法职能,
故应予惩罚,通常可处罚金或监禁刑.
咆哮公堂是犯罪行为,可处罚金,监禁或并处.
他可能会犯藐视法庭罪.
他拒绝服从法院命令,因藐视法院而被收监.
他不遵从法官命令之行为构成了藐视法庭罪.
法官当即对藐视法庭者处了罚金.
法官的裁决为未来的藐视法庭案制定了一个先例.
该律师因藐视法庭罪被处500美元罚金.
对民事上的藐视法庭罪孽的惩罚在当事人遵循法院命令后即结束.
Part 30 Jury
1.Every defendant charged with a felony has a right to be charged by the Grand Jury.
2.He chose to stand trial by jury.
3.The accused made his election for jury trial.
4.The judge directed the jury to acquit all the defendants.
5.The jury brought in a verdict of not guilty.
6.The jury found him guilty and did not recommend mercy.
7.The jury has to decide whom to believe among a mass of conflicting evidence.
8.The jury reached a unanimous verdict of not guilty.
9.The jury returned a verdict of guilty,and the judge will pass sentence next week.
10.The jury was unable to reach a unanimous decision.
陪审团
重罪被告都有权由大陪审团审理.
他选择了陪审审判.
被告选择了由陪审团参加的审判.
法官指示陪审团裁定所有被告无罪.
陪审团作了无罪裁定.
陪审团裁定他有罪,且未提出宽大处理.
在一大堆相互抵触的证据中陪审团必须决定相信哪能一方.
陪审团一致裁决无罪.
陪审团裁定有罪,法官将于下周判刑.
陪审团未能达成意见一致的裁决.
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