法律英语修改版.docx

一、术语翻译 Softening-up process 诱供或骗供的准备程序 A case at assizes 巡回法 庭的案件the Black letter law 严谨的法律 Nexus of contracts 合同关系 The law of unintended consequences 意外后果定律 Contract of adhesion 格式合同，附加合同 Recidivism 累犯 Interpretive comity 解释礼让 Judge-advocate 军事法官 Anecdotal evidence 轶事证据 The objective of exposing inequality披露不公正的目标为目的 Trier of fact 陪审团，事实裁判者（治安法官） Juridical case management 民事限制（民事拘禁令） Putative expertise of the behavioral science 行为科学的公认学说 二、段落翻译 The primary principle of interpretation is that a constitutional or statutory provision should be construed”according to the intent of the legislature that makes it”.Normally such intent is gathered from the language of the provision.If the language or phraseology employed by the legislature is precise and plain and this by itself proclaims the legislative intent in unequivocal terms,the same intent must be given effect to,regardless of the consequences that may follow.But if the words used in the provision are imprecise,protean,evocative or can reasonably bear meaning more than one,the rule of strict grammatical construction ceases to be a sure guide to reach the real legislative intent.In such a case,in order to ascertain the true meaning of the terms and phrased employed,it is legitimate for the court to go beyond the arid literal confines of the provision and to call in aid other well recognized rifles of construction,such as legislative history,the basic scheme or framework of the statute as a whole ,each portion throwing light on the rest ,the purpose of the legislation,the object sought to be achieved,and the consequences that may flow from the adoption of one in preference to the other possible interpretation .Where two alternative constructions are possible ,the court will choose the one which will be in accord with the other parts of the statute and ensure its smooth,harmonious working,and eschew any other which leads to absurdity,confusion or friction,contradiction and conflict between its various provisions o