英美普通法讀寫教程（簡體書）

高凌云，復旦大學法學院副教授，山東省煙臺市人。華東政法學院國際法學學士，新加坡國立大學比較法碩士，美國威拉姆特大學法學博士，美國紐約州、俄勒岡州律師，比利時根特大學法學院、美國密歇根大學法學院和哈佛法學院訪問學者，美國凱斯西儲大學法學院和東芬蘭大學法商學院客座教授，美國American Law Reporter（ALR）International的合約撰稿人，出版《英美法：案例分析與法律寫作》（上海人民出版社）、《英美法：合同、侵權與法律實務》（上海人民出版社）、《Chinese Business Law》（合著，美國Thomson West法律出版公司）和《被誤讀的信托—信托法原論》（復旦大學出版社）等專著和教材，并在國內外法學期刊發表論文若干。主要研究和授課領域為比較法（民商、信托法）、國際金融法和法律英語。

《普通高等教育"十二五"重點規劃教材?新核心大學英語:英美普通法讀寫教程》作為“新核心大學英語”系列教程之一，既可供法律專業學生學習英美法使用，也適合非法科學生學習法律英語使用。

PART ⅠINTRODUCTION TO COMMON LAW SYSTEM
1.1Law
1.2Common Law
1.3Law versus Equity
1.4Statutory Law versus Case Law
1.5Summary
New Words and Expressions
Review Questions
CHAPTER2 COMMON LAW COURT SYSTEM
2.1The English Court System
2.1.1Magistrates' Courts—For Both Civil and Criminal Cases
2.1.2County Courts — For Civil Cases Only
2.1.3Crown Court —For Criminal Cases Only
2.1.4High Court — For Both Civil and Criminal Cases
2.1.5Court of Appeal — For Both Civil and Criminal Cases
2.1.6Final Court of Appeals
2.1.7European Court of Justice
2.2The American Court System
2.2.1The Federal Courts
2.2.2State Courts
New Words and Expressions
Review Questions
3.1Sources of Law in England
3.1.1The European Union Law
3.1.2Statutory law
3.1.3Case Law
3.2Sources of Law in the United States
3.2.1Constitutions
3.2.2Statutes
3.2.3Administrative Regulations
3.2.4Case Law
New Words and Expressions
Review Questions
CHAPTER 4LEGAL PROCEEDINGS
4.1Commencement of the Proceeding — Pretrial
4.1.1Filing with the Court: Complaint
4.1.2Service of Process
4.1.3The Response: Motion, Answer, and Reply
4.1.4Discovery
4.2Trial Date and Jury Selection
4.2.1Trial Date Assignment
4.2.2Jury Selection
4.2.3Preliminary Instructions of Law
4.3Trial
4.3.1Opening Statements
4.3.2Plaintiff's Case in Chief
4.3.3Defendant's Case in Chief
4.3.4Closing Arguments
4.3.5Jury Instructions
4.3.6Verdict
4.3.7Motions
4.3.8Judgment
4.4Appeal
4.5Summary
New Words and Expressions
Review Questions
PART ⅡCASE LAW
5.1Rule of Precedent
5.2Doctrine of Stare Decisis
5.3The Function of Stare Decisis
5.4Courts Affected by Stare Decisis
5.4.1The Courts in England
5.4.2The Courts in the United States
5.5Components of a Judicial Decision
5.6Types of Judicial Decisions
5.6.1Majority Opinion
5.6.2Dissenting Opinion
5.6.3Concurring Opinion
5.7Different Ways to Use Precedents
5.7.1Following Prior Precedents
5.7.2Distinguishing Prior Precedents
5.7.3Overruling Prior Precedents
New Words and Expressions
Review Questions
CHAPTER 6 COMMON LAW REASONING
6.1Typical Types of Common Law Reasoning
6.1.1Deductive and Inductive Reasoning
6.1.2Analogy and Distinction
6.1.3Arguments in Common Law Reasoning
6.2Techniques and Arguments Used with Case Authorities
6.2.1Favorable Authorities
6.2.2Adverse Authorities
6.3Illustration of the Common Law Reasoning
6.3.1Fletcher v. Rylands — The Establishment of the Rule
6.3.2Rylands v. Fletcher — Modification of the Rule
6.3.3Rickards v. Lothian — Exceptions to the Rule
6.3.4Read v. Lyons — Interpretation and Application of the Rule
6.3.5Turner v. Big Lake Oil Co. — The Impact of the Rule on the U.S. Courts
6.3.6Foster v. Preston Mill Co. — A Later Case Decided By a U.S. Court
6.3.7Siegler v. Kuhlman — Adoption of the Rylands Rule
6.3.8Clay v. Missouri Highway & Transportation Commission—New Development
New Words and Expressions
Review Questions
CHAPTER 7 CASE REPORTING SYSTEMS
7.1Law Reports in England
7.1.1Law Reports
7.1.2Format of a Case in the Law Reports
7.2Case Reporters in the United States
7.2.1Case Reporters
7.2.2Case Digests
7.2.3Format of a Case in the Case Reporters
7.3Case Names and Citations
7.3.1Case Names
7.3.2Case Citations
New Words and Expressions
Review Questions
……
PART ⅢCASE ANALYSIS
PART ⅣLEGAL DOCUMENT DRAFTINGREFERENCES
APPENDIX

Witnesses' testimonies are one important type of evidence. When a witness is called by the plaintiff's attorney to testify, he or she is first sworn to tell the truth by the court clerk. Once the witness is seated in the witness chair, the plaintiff's lawyer will examine them.This is called direct- examination or examination in chief. Direct examination is the questioning of a witness by the lawyer calling the witness. When the direct is completed, the lawyer usually says "nothing further on direct, your Honor," "pass the witness," or "your witness," depending on local custom,then cross- examination begins. Cross-examination is the questioning of a witness by the lawyer other than the one calling the witness. In the plaintiff's case in chief, cross-examination is done by the defendant's lawyer. American rule limits the scope of the cross-examination to the subject matter of the direct; the English rule, however, allows cross-examination to go into any relevant matter. Most states in the United States adopt the American rule while some adopt English rule. When the cross-examiner announces he or she is done, the direct examiner may conduct a redirect examination but the questioning must be limited to explaining or refuting matters brought out on cross. The cross- examiner may conduct a recross-examination; similarly, the questioning must be limited to matters brought out during the redirect. The witness is then excused, and plaintiff calls another witness.
Another principal source of evidence is exhibits, including real objects such as guns, blood, drugs, or machinery; demonstrative exhibits including any diagrams, models, or maps; writings such as contracts, promissory notes, checks, or letters; and records, which may include private business and public records. In order to introduce exhibits, the attorneys must first lay foundations otherwise the court will not admit the exhibits. The foundation may come from witness testimony, certification, or other methods. If the exhibits are admitted in evidence, they will be considered by jurors in determining the facts of the case.