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Legal English : A Coursebook on Reading and Translation

Leon 1

Law and Claification of Law 1，General Introduction Law is a system of rules and guidelines,usually enforced through a set of institutions.It shapes politics,economics and society in numerous ways and serves as a social mediator of relations between people.Contract law regulates everything from buying a bus ticket to trading on financial derivatives markets.Property law defines rights and obligations related to the transfer and title of personal and real property.Trust law applies to aets held for investment and financial security, while tort law allows to claims for compensation if a person’s rights or property are harmed.If the harm is criminalized in legislation.Criminal law offers means by which state can prosecute the perpetrator.Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environment regulation or military action.Writing in 350 BC, the Greek philosopher Aristotle declared,” The rule of law is better than any rule of individual.”

Law raises important and complex iues concerning equality,fairne and justne,”In its majestic equality”,said the author Anatole France in 1894,”the law forbids the rich and poor alike to sleep under the bridge, beg in the street and steal loaves of bread.”

In a typical democracy, the central institution for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive.To implement and enforce the law and provide services for the public, a government’s bureaucracy, the military and police are vital.While all these organs of the state are creatures created and bound by law, an independent legal profeion and a vibrant civil society will support their progre.2, Claification of Law There are several different ways in which laws can be claified,depending on the criteria or characteristics a, Substantive Law vs.Procedural Law Substantive law explains what you can and you cannot do.For example, you cannot murder another human being unle it was a self-defense, you were under dure, or if you were drugged by another person.Unlike substantive law, procedural law are just steps that must take place when filing a lawsuit against another party.b, Public Law vs.Private Law Law can be divided into two main branches:public law and private law.Public law is the body of law dealing with the relations between private individuals and the government, and with the structure and operation of the government itself, including constitution law, criminal law, and administrative law.Private law is the body of law dealing with private persons and their property and relationships.c, Criminal Law vs.Civil Law Criminal law or penal law defines breaches of duty to society at large.It is society, through government employees called prosecutors(such as district attorneys),that brings court action against violators.If you are found guilty of a crime such as theft, you will be punished by imprisonment or a fine.Civil law,as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim.For instance, if a car crash victim claims damages against the driver for lo or injury sustained in an accident, this will be a civil law case.d, Common Law vs.Civil Law Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action.Common law countries prosecute with the concept of “ stare decisis”, which means that these countries such as the United States of America make decisions based on precedents.Because each judicial opinion serves as a precedent for later decisions, as a result, common law is sometimes called judge-made law.Anglo-American law is rooted in the tradition of the common law.In 1881,Justice Oliver Wendell Holmes,Jr.Wrote,”The life of the law has not been logic;It has been experience.” Common law developed as a response to the need to find solutions to the preing iues of the time.Unlike common law, the principle of civil law is to provide all citizens with an acceible and written collection of the laws which apply to them and which judges must follow.Leon 2

Legal Systems: Common Law and Civil Law

Every independent country has its own legal system.The system vary according to each country’s social traditions and form of government.But most systems can be claed as either a common-law system or a civil-law system.The United States, Canada, Great Britain,and other English-speaking countries have a common-law system.Most other countries have a civil-law system.Many countries combine features of both systems.A general distinction can be made between civil law jurisdictions,which codify their laws,and common law systems,where judge made law is not consolidated.1，Common-law System The common-law system prevails in England, the United States, and other countries colonized by England.It is distinct from the civil-law system,which predominates in Europe and in areas colonized by France and Spain.The common-law system is used in all states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system.The common-law system is also used in Canada,except in the province of Quebec,where the French civil-law system prevails.Anglo-American common law evolved chiefly from three English Crown courts of the twelfth and thirteenth centuries: the Exchequer, the King’s Bench, and the Common Pleas.These courts eventually aumed jurisdiction over disputes previously decided by local or manorial courts,such as baronial admiral’s(maritime), guild, and forest courts,whose jurisdiction was limited to specific geographic or subject matter areas.Equality courts,which were instituted to provide relief to litigants in cases where common-law relief was unavailable, also merged with common-law courts.This consolidation of jurisdiction over most legal disputes into several courts was the framework for the modern Anglo-American judicial system.Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments.Common-law judges rely on their predeceor’s decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law.Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies.Under the doctrine of stare decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same.A court’s decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction.The decision is not binding on courts of higher rank within that jurisdiction or courts in other jurisdictions, but it may be considered as persuasive authority.Under a common-law system, disputes are settled through an adversarial exchange fo arguments and evidence.Both parties present their cases before a neutral fact finder, either a judge or a jury.The judge or jury evaluates the evidence, applies the appropriate law to the facts, and renders a judgment in favor of one of the parties.Following the decision, either party may appeal the decision to a higher court.Appellate courts in a common-law system may review only findings of law, not determinations of fact.The lawmaking role of legislatures in common law countries has increased greatly during the 1900’s.For example, the United States Congre has made major changes in American contract and property law.The changes have dealt, for example, with such matters as labor-management relations, worker’s wages and hours, health,safety, and environmental protection.Neverthele ,common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws.In addition, constitutional law in these countries continues the common-law tradition of defending the people’s rights and liberties.2，Civil-law System Civil-law systems are based mainly on statutes.The majority of civil-law countries have aembled their statures into one or more carefully organized collections called codes.Most modern law codes can be traced back to the famous code that was commiioned by the Roman Emperor Justinian I in the A.D.500’s.Justinian’s code updated and summarized the whole of Roman law, which was called the Corpus Juris Civilis, meaning Body of Civil Law.For this reason, legal systems that are based on the Roman system of stature and code law are known as civil-law systems.This use of the term civil law should not be confused with its use as an alternate term for private law.Civil-law systems include both private law and public law.The monumental Corpus Juris Civilis commiioned by Justinian still influences the evolution of law in virtually every civil-law country.The roots of civil law are so deeply imbedded in French jurisprudence that French universities did not even teach common law until 1689.It affects legal rules, legal thought, legal claifications, the treatment of legal precedents and techniques, and the organization of court systems.One interesting aspect of civil law is that it transfer from place to place more easily than common law.It is sometimes said that there are two branches of civil law: French and German.The civil codes of both countries have proven particularly adaptable.For example, the French Civil Code(or Napoleonic Code), first promulgated by Napoleon I in 1804, is the basis of the laws of Belgium, the Netherlands, Luxembourg, and parts of Germany, Switzerland, and Italy, Spain,Romania, and parts of Africa and South America also borrowed the Code Civil as a guide for local civil codes.In North America, for example, the civil laws of both the state of Louisiana, and the Canadian province of Quebec are rooted in the Code Civil.Inherited from the Holy Roman Empire, the German Civil Code, which was enacted in 1900, also reveals the strong influence of Roman civil law.Although its reach has been much narrower than that of the French Code Civil, it has been important in such far-reaching sites as Thailand, China,Japan,Eastern Europe, and Greece.Leon 3

Judicial System of the United States 1，General Introduction Court organization in the United States is complicated by the form of government, federalism.Instead of a single, unified court system such as exists in Great Britain or France, the United States actually has fifty-one court systems-the federal courts and the courts of the fifty individual states.The United States Congre and the state legislatures are free to organize their respective court system to meet their own needs.Not only is the federal court structure different from those in the states, but there is also tremendous diversity among the individual states.A trial court might be called a district court in one state, a superior court in another, and a supreme court in yet another.Most states have a single supreme court;two states, Oklahoma and Texas, have two courts of last resort-one for civil appeals and one for criminal appeals.Such diversity makes it difficult to generalize about the “typical” state court system.Each state is free to determine for itself what behavior is forbidden, and each is free to establish reasonable punishment for defined crimes.Consequently, two states may have entirely different definitions of the same criminal act and two entirely different penalties for it.2，State Court System Although there is no “typical” state court system because federalism allows each state to adopt a court system fitted to its individual needs, a state court system usually includes several levels, or tiers, of courts.State courts may include trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts,and the state’s highest court(often called the state supreme court).Generally , and person who is a party to a lawsuit has the opportunities to plead the case before a trial court and then, if he or she loses, before at least one level of appellate court.Finally, if a federal stature or federal constitutional iue is involved in the decision of the state Supreme Court, that decision may be further appealed to the United States Supreme Court.(1)Courts of limited jurisdiction All state courts have had their jurisdiction limited in some way.The jurisdiction of any court comes from the state constitution or from statutes paed by the state legislature, or both.Courts of limited jurisdiction, as their name implies, are created to handle cases of limited or special nature.Court of limited jurisdiction is the first set of state trial courts.One of the most common courts of limited jurisdiction is the municipal court.Municipal courts are often limited to minor offenses or misdemeanors.Municipal courts are often referred as”traffic courts”because their main function is to hear cases involving traffic violations within the city limits.Municipal courts frequently have jurisdiction over cases involving violations of city ordinances.Another category of courts of limited jurisdiction includes county courts.Like municipal courts,which are limited to exercising their jurisdiction within city limits, county courts’ jurisdiction is limited to county lines.County courts typically have a greater expanse of jurisdiction than municipal courts.In criminal cases, for example, county courts may have jurisdiction over offenses with penalties as great as one year in prison and relatively high fines.(2)Courts of general jurisdiction A second level of courts in most state judicial system consists of courts of general jurisdiction.A court of general jurisdiction has the power to hear any case that falls within the general judicial power of the state.That is , a court of general jurisdiction has the authority to render a verdict in any case capable of judicial resolution under the constitution and laws of the state.Courts of general jurisdiction are the major trial courts of the state.They may be called superior courts, district courts, circuit courts, as in the case of New York, supreme courts.Court of general jurisdiction is another set of state trial courts.(3)Appellate courts All states have some kind of appeals mechanism available for litigants who were unsucceful at the trial-court level.Most states have created an intermediate appeals courts between the trial courts and the states highest court of appeal.The purpose of intermediate appeals is to guarantee the litigants the right to at least one appeal while preventing the state’s highest court from having to hear “routine”appeals.These intermediate appellate courts screen out the routine cases so that only the most important cases reach the states’s highest court.(4)State Supreme(Highest)Courts Every state has a highest appellate court, usually called the state supreme court.Many states have chosen to pattern their state’s highest court after the U.S.Supreme Court in the number of justices, procedures, and so forth.The highest appellate court in a state is usually called the Supreme Court but many be called by some other names.For example,in both New York and Maryland, the highest state court is called the court of appeals.The decisions of each state’s highest court on all questions of state law are final.Only when iues of federal law are involved can a decision made by a state’s highest court be overruled by the United States Supreme Court.3，The Federal Court System The federal court system is characterized by two types of courts:constitutional and legislative.Constitutional courts are sometimes referred as Article Ⅲcourts because they are created under Article Ⅲ of Constitution, which authorizes Congre to “ordain and establish” courts inferior to the Supreme Court.The Constitution also states that judges of both the supreme and inferior courts”shall hold their Offices during good Behavior”,which is tantamount to a lifetime appointment, subject to removal only through the impeachment proce.Furthermore, Congre may not reduce the salaries of constitutional court judges “during their Continuance in Office”, U.S district courts, U.S.Courts of appeal, and the U.S.Supreme Court are examples of constitutional courts.Legislative court are created by Congre, pursuant to one of its legislative powers.Article I empowers Congre to make all laws”...for organizing, arming, and disciplining the Militia.” Under that authority, Congre may establish military tribunals for the purpose of disciplining soldiers.Two major distinctions generally differentiate legislative courts from constitutional courts.First , the judges who serve in the legislative courts do not have lifetime appointment, but instead serve fixed terms of office.The length of the term designated by Congre is often a long one in order to ensure judicial independence.The second distinction is that a legislative court judge’s salary is not protected by Constitution, as in the case of constitutional court judges.In conclusion, the federal court system is composed of courts created by Congre under either Article I or Article Ⅲ powers.The federal courts are not “ superior” to state courts: rather, they exist alongside state courts.The vast majority of cases are tried in state courts.Neverthele, the federal courts remain an alternative forum that citizens can turn to for relief if state courts prove unresponsive.It is no surprise to discover that southern African Americans preferred to file their civil rights cases in federal rather than state courts, since southern judges were notoriously unsympathetic to African American claims.Despite the confusion caused by federalism, a dual court system provides additional guarantees that justice will eventually prevail.Leon 4

Constitutional Law 1，General Introduction Most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government.Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches.For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service.Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens.It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived;in some territories it is in fact called”Basic Law”.Constitutions may also provide that their most basic principles can never be abolished, even by amendment.In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called unconstitutional constitutional law.2，Codified Constitution and Uncodified Constitution(1)Codified constitution Most states in the world have codified constitutions(also known as written constitutions).Codified constitutions are often the product of some dramatic political change, such as a revolution.The proce by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change.States that have codified constitutions normally give the constitution supremacy over ordinary statute law.That is, if there is any conflict between a statute and the codified constitution, all or part of the statute can be declared ultra vires by a court, and struck down as unconstitutional.In the United States, the Supreme Court is the final interpreter of the Constitution and has the power to rule on the constitutionality of the actions of the other two branches of government as well as those of the states and other governmental entities.Through judicial elaboration of the meaning of the Constitution, the Court can broaden or limit the powers of the president and the Congre.In so doing, the Court breaths life into the Constitution, making it a “living” document that changes as the nation changes.Codified constitutions normally consist of a preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions.The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty,democracy or human rights.(2)Uncodified constitution As of 2010 at least three states have uncodified constitutions:Israel, New Zealand, and the United Kingdom.Uncodified constitutions(also known as unwritten constitutions)are the product of an “evolution” of laws and conventions over centuries.By contrast to codified constitutions, uncodified constitutions include written sources like constitutional statutes enacted by the Parliament and also unwritten sources,such as constitutional conventions, observation of precedents, royal prerogatives, custom and tradition.In the ways of the British Empire, the Judicial Committee of the Privy Council acted as the constitutional court for many of the British Colonies such as Canada and Australia which had federal constitutions.3，Functions of Constitutions(1)State and legal structure One of the key tasks of constitutions is to indicate hierarchies and relationships of power.In a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities.In contrast, a federal form of government is one in which the states form a union and the sovereign power is divided between a central governing authority and the member states.The U.S.Constitution delegates certain powers to the national government, and the states retain all powers not delegated to the national government.The relationship between the national government and the state governments is a partnership;neither partner is superior to the other except within the particular area of authority granted to it under the Constitution.(2)Human rights Human rights or civil liberties form a crucial part of a country’s constitution and govern the rights of the individual against the states.The United States and France each have a codified constitution with a bill of rights.Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter.These are intended to ensure basic political, social and economic standards that a nation or intergovernmental body is obliged to provide to its citizens.Some countries like the Unite Kingdom have no entrenched document setting out fundamental rights;in those jurisdictions the constitution is composed of statute, case law and convention.A case named Entick v.Carrington is a constitutional principle deriving from the common law.John Entick’s house was searched and ransacked by Sheriff Carrington.Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it.Inspired by John Locke, the court, led by Lord Camden stated that,”The great end, for which men entered into society, was to secure their property.That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole.By the laws of England,every invasion of private property, be it ever so minute, is a trespa...”The case hence created the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorized by law.(3)Legislative procedure Another main function of constitutions may be to describe the procedure by which parliaments may legislate.For instance, special majorities may be required to alter the constitution.In bicameral legislatures, there may be a proce laid out for second or third readings of bills before a new law can enter into force.Leon 5 Criminal law 1，General Introduction Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons.Substantive criminal law defines particular crimes, and procedural law established rules for the prosecution of crime.In a democratic society, it is the function of legislative bodies to decide what behavior vill be made criminal and what penalties will be attached to violations of the law.Capital punishment may be imposed in some jurisdictions for the most serious crimes.And physical or corporal punishment may still be imposed such as whipping or caning, although these punishments are prohibited in much of the world.A convict may be incarcerated in prison or jail and the length of incarceration may vary from a day to life.Criminal law is a reflection of the society that produces it.In an Islamic theocracy, such as Iran, criminal law will reflect the religious teachings of the Koran;in a Catholic country, it will reflect the tenets of Catholicism.In addition, criminal law will change to reflect changes in society, especially attitude changes.For instance, use of marijuana was once considered a serious crime with harsh penalties, whereas today the penalties in most states are relatively light.As public tolerance of marijuana use grew.As a society advances, its judgments about crime and punishment change.2，Elements of a Crime Obviously, different crimes require different behaviors, but there are common elements neceary for proving all crimes.First , the prohibited behavior designated as a crime must be clearly defined so that a reasonable person can be forewarned that engaging in that behavior is illegal.Second ,the accused must be shown to have poeed the requisite intent to commit the crime.Third ,the state must prove causation.Finally , the state must prove beyond a reasonable doubt that the defendant committed to crime.(1)actus reus The first element of cirme is the actus reus.Actus is an act or action and reus is a person judicially accused of a crime.Therefore, actus reus is literally the action of a person accused of a crime.A criminal statute must clearly define exactly what act is deemed “guilty”-that is, the exact behavior that is being prohibited.That is done so that all persons are put on notice that if they perform the guilty act, they will be liable for criminal punishment.Unle the actus reus is clearly defined, one might not know whether or not one’s behavior is illegal.Actus reus may be accomplished by an action, by threat of action, or exceptionally, by an omiion to act, which is a legal duty to act.For example, the act of Cain striking Abel might suffice, or a parent’s failure to give food to a young child also may provide the actus reus for a crime.Where the actus reus is a failure to act, there must be a duty of care.A duty can arise through contract, a voluntary undertaking, a blood relation, and occasionally through one’s official position.Duty also can arise from one’s own creation of a dangerous situation.(2)mens rea A second element of a crime is mens rea.Mens rea refers to an individual’s state of mind when a crime is committed.While actus reus is proven by physical or eyewitne evidence, mens rea is more difficult to ascertain.The jury must determine for itself whether the accused had the neceary intent to commit the act.A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway.This is recklene.For instance, if Cain tears a gas meter from a wall, and knows this will let flammable gas escape into a neighbor’s house, he could be liable for poisoning.Courts often consider whether the actor did recognize the danger, or alternatively ought to have recognized a risk.Of course, a requirement only that one ought to have recognized a danger(though he did not)is tantamount to erasing intent as a requirement.In this way, the importance of mens rea has been reduced in some areas of the criminal law.Wrongfulne of intent also may vary the seriousne of an offense.A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas a killing affected by reckle acts lacking such a consciousne could be manslaughter.(3)Causation The next element is causation.Often the phrase”but for” is used to determine whether causation has occurred.For example, we might say “Cain killed Abel”, by which we really mean”Cain caused Abel’s death.” In other words,”But for Cain’s act,Abel would still be alive.” Causation, then, means”but for”the actions of A, B would not have been harmed.In criminal law, causation is an element that must be proven beyond a reasonable doubt.(4)Proof beyond a Reasonable Doubt In view of the fact that in criminal cases we are dealing with the life and liberty of the accused person, as well as the stigma accompanying conviction, the legal system places strong limits on the power of the state to convict a person of a crime.Criminal defendants are presumed innocent.The state must overcome this presumption of innocence by proving every element of the offense charged against the defendant beyond a reasonable doubt to the satisfaction of all the jurors.This requirement is the primary way our system minimizes the risk of convicting an innocent person.The state must prove its case within a framework of procedural safeguards that are designed to protect the accused.The state’s failure to prove any material element of its case results in the accused being acquitted or found not guilty, even though he or she may actually have committed the crime charged.3，Strict Liability In modern society, some crimes require no more mens rea, and they are known as strict liability offenses.For instance, under the Road Traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit.Strict liability can be described as criminal or civil liability notwithstanding the lack mens rea or intent by the defendant.Not all crimes require specific intent, and the threshold of culpability required may be reduced.For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklely.Leon 6 Defendant’s Rights in the Criminal Justice System There are two fundamental aspects of the U.S.Criminal justice system-the presumption that the defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt.Furthermore, criminal defendants have other rights too.1，The Defendant’s Right to Remain Silent The Fifth Amendment to the U.S.Constitution provides that a defendant cannot be compelled in any criminal case to be a witne against himself.In short, the defendant has the right to “sit mute”.The prosecutor cannot call the defendant as a witne, nor can a judge or defense attorney force the defendant to testify if the defendant chooses to remain silent.By contrast, a defendant may be called as a witne in a civil case.A defendant in a criminal trial may choose whether or not to give evidence in the proceedings.Further , there is no general duty to aist the police with their inquiries.Although certain financial investigatory bodies have the power to require a person to answer questions and impose a penalty if a person refuses, if a person gives evidence in such proceedings, the prosecution cannot adduce such evidence in a criminal trial.The Supreme Court ruled that the government cannot punish a criminal defendant for exercising his right to silence, by allowing the prosecutor to ask the jury to draw an inference of guilt from the defendant’s refusal to testify in his own defense.The Court overturned as unconstitutional under the federal constitution a provision of the California state constitution that explicitly granted such power to prosecutors.2，The Defendant’s Right to Confront Witne The “confrontation clause” of the Sixth Amendment gives defendants the right to “be confronted by the witne against”them.Implicit in this right is the right to cro-examine witnees-that is,the right to require the witnees to come to court,”look the defendant in the eye”, and subject themselves to questioning by the defense.The Sixth Amendment prevents secret trials, and except for limited exceptions, forbids prosecutors from proving a defendant’s guilt with written statements from absent witnees.Like most of the protections given criminal defendants in the Constitution, the right of confronting witne has its origins in English common law.Until the sixteenth century, the right of confronting witne was nearly absent from the Anglo-American legal tradition.Then ,with the introduction of the right to trial by an impartial jury and the firm establishment of the presumption of innocence, the right of confrontation came to be seen as an integral part of the proper defense rights of the accused.Through cro-examination, defendants are allowed to test the reliability and credibility of witnees.However , the right of cro-examination also has limits.For example, defendants may be denied the right to ask questions that are irrelevant, collateral, confusing, repetitive, or prejudicial.3，The Defendant’s Right to a Public Trial The Sixth Amendment guarantees public trials in criminal cases.This is an important right, because the presence in courtrooms of a defendant’s family and friends, ordinary citizens and the pre can help ensure that the government observes other important rights aociated with trials.In a few situations, normally involving children, the court will close the court to the public.For example, judges can bar the public from attending cases when defendants are charged with sexual aaults against children.In recent years, legislators have been concerned about defendants who escape punishment for sexually molesting young children because the children are afraid to testify in the defendant’s presence.To addre this problem, many states have enacted special rules that authorize judges-in certain situations-to allow children to testify via closed circuit television.The defendant can see the child on a television monitor, but the child cannot see the defendant.The defense attorney can be personally present where the child is testifying and can cro-examine the child 4，The Defendant’s Right to be Represented by an Attorney The Sixth Amendment to the U.S.Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right...to have the aistance of counsel for his defense.” A judge must appoint an attorney for indigent defendants(defendants who cannot afford to hire attorneys)at government expense only if the defendants might be actually imprisoned for a period of more than six months for the crime.As a practical matter, judges routinely appoint attorneys for indigents in nearly all cases in which a jail sentence is a poibility.In a series of cases, the U.S.Supreme Court ruled that American indigents do have a right to counsel, but only in criminal cases.The federal government and some states have offices of public defenders which aist indigent defendants, while other states have systems for outsourcing the work to private lawyers.A judge normally appoints the attorney for an indigent defendant at the defendant’s first court appearance.For most defendants, the first court appearance is either an arraignment or a bail bearing.The job of defense counsel at trial is to prepare and offer a vigorous defense on behalf of the accused.A proper defense often involves the presentation of evidence and the examination of witne, all of which requires careful thought and planning.Good attorneys, like quality craftspeople everywhere, may find themselves emotionally committed to the outcome of trials in which they are involved.Leon 7 Contract Law A contract is a legally enforceable agreement between two or more parties with mutual obligations.Contracts can be in writing,orally or verbally agreed upon(parol contracts)or cerated through the actings of the parties.The remedy at law for breach of contract is usually”damages”or monetary compensation.In equity, the remedy can be specific performance of the contract or an injunction.The importance of contract stability is emphasized by Article I, § 10 of the U.S.Constitution, which provides that”No state shall...pa any...law impairing the Obligation of Contracts.”

At common law, the element of a contract are mutual aent and consideration.1，Mutual Aent: Offer and Acceptance At common law, mutual aent is typically reached through offer and acceptance.That is , when an offer is met with an acceptance that does not vary the offer’s terms.The requirement is known as the “mirror image”rule.If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, simultaneously a rejection of the original offer.Offer and acceptance does not always need to be expreed orally or in writing.An implied contract is one in which some of the terms are not expreed in words.The implied contract is in two kinds of forms.(1)Contract Implied in Fact

A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so exprely.For example, by going to a doctor for a checkup, a patient agrees that he will pay a fair price for the service.If one refuses to pay after being examined, the patient has breached a contract implied in fact.(2)Contract Implied in Law A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract;rather, the obligation is created by law in absence of agreement between the parties for reasons of justice and fairne.It is a means for the courts to remedy situations in which one party would be unjustly enriched were the or she not required to compensate the other.For example, a plumber accidentally installs a sprinkler system in the lawn of the wrong house.The owner of the house had learned the previous day that his neighbor was getting new sprinklers.That morning, he sees the plumber installing them in his lawn.Pleased at the mistake, he says nothing, and then refuses to pay when the plumber delivers the bill.Will the man be held liable for payment? Yes , if it could be proven that the man knew that the sprinklers were being installed mistakenly, the court would make him pay because of a quasi-contract.If that knowledge could not be proven, he would not be liable.Such a claim is also referred to as”quantum meruit”.2，Consideration:Sufficient and Insufficient Consideration is something of value given by a promior to a promisee in exchange for something of value given by a promisee to a promior.Typically, the thing of value is an act, such as making a payment, or a forbearance to act when one is privileged to do so, such as an adult refraining from smoking.Consideration must be sufficient, but courts will not weight the adequacy of consideration.For instance, agreeing to sell a car for a penny may constitute a binding contract.All that must be shown is that the seller actually wanted the penny.This is known as the peppercorn rule.Otherwise, the penny would constitute nominal consideration, which is insufficient.Parties may do this for tax purposes, attempting to disguise gift transaction as contracts.Past consideration is not sufficient.Indeed , it is an oxymoron.For instance, the guardian of a young girl obtained a loan to educate the girl and to improve her marriage prospects.After her marriage, her husband promised to pay off the loan.It was held that the guardian could not enforce the promise because taking out the loan to raise and educate the girl was past consideration-it was completed before the husband promised to repay it.The insufficiency of past consideration is related to the preexisting duty rule.For instance, a captain’s promise to divide the wages of two deserters among the remaining crew if they would sail home from the Baltic short-handed, was found unenforceable on the grounds that the crew were already contracted to sail the ship through all perils of the sea.3，Claification of Contract(1)Expre contract and implied contract An expre contract is one in which the terms are stated by the parties;it may be either an oral or written contract.An implied contract is one that is inferred from the conduct of the parties.(2)Bilateral contract and unilateral contract A bilateral contract is one in which the parties exchange promises to do some future act.For example, you agree with the car dealer that you will pay for your car when you take delivery next week.Each of you has promised to do something in the future: the dealer to deliver the car and you to pay for it.In contrast,a unilateral contract is one in which one party acts immediately in response to the offer.(3)Executory contract and executed contract An executory contract is one in which some or all of the terms are uncompleted the car deal in above paragraph, for example.An executed contract,then , is one which all terms have been completed.For instance, you have eaten your meal and paid your bill at the restaurant.(4)Void, voidable and unenforceable contract The terms “void, voidable and unenforceable” are relevant in situations where there is a breach of contract or when one party fails to comply with the terms of the agreement.A void contract is a nullity from its beginning, and damages do not result.A voidable contract is one that is binding until it is disaffirmed or canceled by the party with the authority to do so.In many ways, marriage is a contract that either party may rescind by obtaining a divorce.Unenforceable contracts are those that meet the basic common law elements for contracts but lack some other additional legal requirements such as being signed in front of a notary public.Leon 8 Tort Law 1，General Introduction A tort, in common law jurisdictions , is awrong that involves a breach of a civil duty(other than a contractual duty)owned to someone else.It is differentiated from a crime,which involves a breach of a duty owed to society in general.Though many acts are both torts and crimes, prosecutions for crime are mostly the responsibility of the state, private prosecutions being rarely used;whereas any party who has been injured may bring a lawsuit for tort.One who commits a tortious act is called a tortfeasor.A person who suffers a tortious injury is entitled to receive”damages”,usually monetary compensation, from the person or people responsible for those injuries.Tort law defines what a legal injury is and, therefore, whether a person may be held liable for an injury he or she has caused.Legal injuries are not limited to physical injuries.They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights.Tort cases therefore comprise such varied topics as auto accidents,false imprisonment, defamation, product liability(for defective consumer products), copyright infringement, and environmental pollution, among many others.In much of the common law world, the most prominent tort liability is negligence.If the injured party can prove that the person believed to have caused the injury acted negligently, that is, without taking reasonable care to avoid injuring others-tort law will allow compensation.Furthermore ,tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and “strict liability” or quasi-tort, which allows recovery under certain circumstances without the need to demonstrate negligence.Hence ,torts may be divided into Negligence, Intentional Torts, and Quasi-Torts.2，Negligence The standard action in tort is negligence.The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property , and, in some cases, intangible economic interests.Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker’s negligence and so forth.Product liability cases, such as those involving warranties, may or may not be considered negligence actions.(1)”Snail Case”

Negligence is a tort which depends on the existence of a breaking of the duty of care owned by one person to another.One well-known case is Donoghue v.Stevenson where Mrs.Donoghue consumed part of a drink containing a decomposed snail while in a public bar in Paisley, Scotland and claimed that it had made her ill.The snail had not been visible,as the bottle of beer in which it was contained was opaque.Neither the friend who bought the bottle for her, nor the shopkeeper who sold it, were aware of the snail’s presence.The manufacturer was Mr.Stevenson, whom Mrs.Donoghue sued for damages for negligence.She could not sue Mr.Stevenson for damages for breach of contract because there was no contract between them.Lord MacMillan thought this should be treated as a new product liability case.Lord Atkin argued that we owe a duty of reasonable care to our neighbors.He quoted the Bible in support of his argument, specifically the general principle that”thou shalt love thy neighbor.”(2)Elements of negligence Negligence is a breach of legal duty to take care resulting in damages to the plaintiff.The legal burden of proving elements of negligence falls upon the plaintiff.The elements in determining the liability for negligence are: a)The tortfeasor owed a duty of care;b)There was a breach of that duty;c)The tortfeasor directly caused the injury, that is, there was proximate cause;d)The plaintiff suffered damage as a result of that breach.There are a number of situations in which the courts recognize the existence of a duty of care.These usually arise as a result of some sort of special relationship between the parties.Examples include one road-user to another, employer to employee, manufacturer to consumer, doctor to patient and solicitor to client.3，Intentional torts Intentional torts include, among others, certain torts arising from the occupation/ use of land and trespa to chattels.Any direct interference, such as entering land without the occupier’s consent or dispoeing him of a book, a hat, or a picture is actionable.Several intentional torts do not involve land.Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation(in some jurisdictions split into libel and slander),where false information is broadcasted and damages the plaintiff’s reputation.4，Quasi-torts Quasi-tort means a tort for which a nonperpetrator is held liable.In a quasi tort, a person who did not actually commit a wrong is held liable.For instance, a master will be held liable for a tort committed by a servant under the principle of vicarious liability.5，Tort Liability Tort liability is customarily divided into intentional tort liability, negligence liability and strict liability.Strict liability makes some persons responsible for damages their actions or products cause, regardle of any “fault”on their part.Strict liability mainly includes but not restricted to the following situations: Abnormally Dangerous(ultrahazardous)Activities.Strict liability often applies when people engage in inherently hazardous activities, such as bursting dams,”blow-out”oil wells, testing rocket motors, or blasting on a construction site.If a plaintiff is injured by these activities-no matter how careful the doer was-he/she is liable for the injury.Products Liability Strict liability also may apple in the case of certain manufactured products.In strict product liability, typically anyone who is engaged in the stream of the product(from the manufacturer to the wholesaler to the retailer, or all of them)can be held responsible if the product was defective and someone was injured.There is no need to prove negligence but the injured party must prove that the product was defective.Leon 9 Company Law

1，General Introduction Company law(also “corporate” or “corporations”law)is the study of how shareholders, directors,employees,creditors, and other stakeholders such as consumers, the community and the environment interact with one another under the internal rules of the firm.Corporate law is a part of a broader companies law(or law of busine aociations).In UK, other types of busine aociations can include partnerships, trusts(like a pension fund), corporations limited by shares or companies limited by guarantee(like some universities or charities).US corporations are generally claified into Corporations, S Corporations, close corporations, public corporations, profeional corporations and non-for-profit corporations.The four characteristics of the modern corporation are:(1)Separate Legal Personality of the corporation(the right to sue and be sued in its own name i.e the law treats the company as a human being);(2)Limited Liability of the shareholders(so that when the company is insolvent, they only owe the money that they subscribed for in shares);(3)Shares(usually on a stock exchange, such as the London Stock Exchange, New York Stock Exchange);(4)Delegated Management(in other words,control of the company placed in the hands of a board of directors).Corporate law is often divided into corporate governance(which concerns the various power relations within a corporation)and corporate finance(which concerns the rules on how capital is used).2，Corporate Personality One of the key legal features of corporations is their separate legal personality, also known as”personhood” or being”artificial persons”.However , the separate legal personality was not confirmed under English law until 1895 by the House of Lords in Salomon v.Salomon& Co.,Ltd.Separate legal personality often has unintended consequences, particularly in relation to smaller, family companies.In a case of 1978 it was held that a discovery order obtained by a wife against her husband was not effective against the husband’s company as it was not named in the order and was separate and distinct from him.And in another case, a claim under an insurance policy failed where the insured had transferred timber from his name into the name of a company wholly owned by him, and it was subsequently destroyed in a fire;as the property now belonged to the company and not to him, he no longer had an”insurable interest”in it and his claim failed.However , separate legal personality does allow corporate groups a great deal of flexibility in relation to tax planning, and also enables multinational companies to manage the liability of their overseas operations.For instance, victims of asbestos poisoning at the hands of an American subsidiary could not sue the English parent in tort.There are certain specific situations where courts are generally prepared to “pierce the corporate veil”, to look directly at, and impose liability directly on the individuals behind the company.The most commonly cited examples are: a)where the company is a mere facade;b)Where the company is effectively just the agent of its members or controllers;c)Where a representative of the company has taken some personal responsibility for an action;d)Where the company is engaged in fraud or other criminal wrongdoing;e)Where permitted by statute(for example,many jurisdictions provide for shareholder liability where a company breaches environmental protection laws);f)in many jurisdictions, where a company continues to trade despite foreseeable bankruptcy, the directors can be forced to account for trading loes personally.3，Corporate Governance Corporate governance is primarily the study of the power relations between the board of directors and those who elect them(shareholders and employees).It also concerns other stakeholders, such as creditors, consumers, the environment and the community at large.One of the main differences between different countries in the internal form of companies is between a two-tier and a one tier board.The United Kingdom, the United States, and most Commonwealth countries have single unified boards of directors.In Germany, companies have two tiers, so that shareholders(and employees)elect a “supervisory board”, and then the supervisory board chooses the “management board”.There is the option to use two tiers in France.4，Corporate Constitution The United States, and a few other common law countries, split the corporate constitution into two separate documents(the UK got rid of this in 2006).The memorandum of aociation(or articles of incorporation)is the primary document, and will generally regulate the company’s activities with the outside world.It states which objects the company is meant to follow(e.g.”this company makes automobiles”)and specifies the authorized share capital of the company.By-laws are the secondary document, and will generally regulate the company’s internal affairs and management, such as procedures for board of directors meetings, dividend entitlements etc.In the event of any inconsistency, the memorandum prevails and in the United States only the memorandum is publicized.It is quite common for members of a company to supplement the corporate constitution with additional arrangements, such as shareholders’agreements, whereby they agree to exercise their membership rights in a certain way.A shareholders’ agreement fulfills many of the same functions as the corporate constitution, but it is a contract, it will not normally bind new members of the company unle they accede to it.One benefit of shareholders’ agreement is that they will usually be confidential, as most jurisdictions do not require shareholder’s agreements to be publicly filed.Leon 10 Law of International Sales of Goods 1，General Introduction Since World War Two international sales of goods has grown extensively, seeing the increasing importance of laws and customs related to international sales of goods.The laws and customs to sales of goods play a vital role in world economy development, particularly in the integration of world markets.The key feature of international sales of goods is the fact that it is a sales transaction that croes national borders.An exporter may sell goods directly to an importer abroad or he may set up a marketing organization abroad and transact busine through distributors, agents,branch offices or subsidiary companies.Given the international nature of trading transactions, the parties to these international contracts have to deal with other legal concerns in addition to the basic legal iues addreed in domestic sales transactions.As a basic principal, international law comes into effect only when states consent to accept it.The particular consent of a state to be bound by an international law can be found in the declarations of its government, in its domestic legislations, in its court decision, and in the treaties(both bilateral and multilateral)to which it is a party.As to sales of goods, the most important and effective international law is The United Nations Convention on Contracts for the International Sale of Goods(CISG).Some rules have simply been around for such a long time or are so generally accepted that they are described as customary laws.In the field of international sales of goods, the widely used customary law is the International Rules for the Interpretation of Trade Terms(INCOTERMS)which is a codification of international rules for the uniform interpretation of common rules for the uniform interpretation of common contract clauses in sales of goods.2，CISG The United Nations Convention on Contracts for the International Sale of Goods is a treaty offering a uniform international sales law that, as of August 2010, has been ratified by 76 countries that account for a significant proportion of world trade, making it one of the most succeful international uniform laws.The CISG has been described as a great legislative achievement and the most succeful international document so far in international sales law, in part due to its flexibility in allowing Contracting States the option of taking exception to some specified article.Although a number of countries that have signed the CISG have made declarations and reservations, the vast majority-55 out of the current 76 Contracting States-has chosen to accede to the Convention without any reservations.Language is one of the most complex and important tools of international sales.As in any sophisticated busine activities, small changes in wording can have a major impact on all aspects of an international treaty.The CISG is written using plain language.Further , it facilitated the transaction into six languages so all texts are equally authentic.Greater acceptance of the CISG will come from three directions.Firstly ,it is likely that within the global legal profeion, the number of new lawyers educated in the CISG in increasing, and the existing Contracting States will embrace the CISG more, appropriately interpret the article and demonstrate a greater willingne to accept precedents from other Contracting States, Secondly, busine people will increasingly preure both lawyers and governments to make sales of goods disputes le expensive and reduce the risk of being forced to use a legal system that may be completely alien to their own.Both of these objectives can be achieved through use of the CISG.Finally ,UNCITRAL will need to develop a mechanism to further develop the Convention and to resolve conflicting interpretation iues.This will make it more attractive to both busine people and potential Contracting States.3，INCOTERMS Parties to international sales of goods have developed ceratin special trade terms used commonly the allocate rights and duties between themselves.These trade terms have been expreed through various standard abbreviations and each type of term carries with its specific legal consequences.The most common trade terms are CIF and FOB.However , uncertainties may still exist because the interpretation of these terms can vary depending on the law governing the contract.For example, the definitions of these trade terms under the US Uniform Commercial Code are different from their definitions in English common law, so to avoid controversy, the parties should specify which set of definitions are to apply.Parties to international sales of goods can choose to adopt the definitions set out in INCOTERMS: International Rules for the Interpretation of Trade Terms.INCOTERMS are a series of international sales with terms, published by International Chamber of Commerce(ICC)and widely used in international commercial transactions.These are accepted by governments, legal authorities and practitioners worldwide for the interpretation of most commonly used terms in international trade.This reduces or removes altogether uncertainties arising from different interpretation of such terms in different countries.Article 9 of the CISG provides that parties are also bound by practices established between themselves or those widely used in international trade, which they knew or ought to have known.Parties who wish to use INCOTERMS may specify that the provisions of INCOTERMS govern the contract.Hence a sales transaction governed by CISG can incorporate INCOTERMS as well.INCOTERMS were created primarily for people inside the world of global trade.Outsiders frequently find them difficult to understand.Seemingly common words such as “responsibility”and”delivery”have different meanings in global trade than they do in other situations.In global trade,”delivery” refers to the seller fulfilling the obligation of sale or to completing a contractual obligation.”Delivery” can occur while the merchandise is on a veel on the high seas and the parties involved are thousands of miles from the goods.INCOTERMS are relating to rights and obligations of the parties to the contract of sale with respect to the delivery of goods sold.They are used to divide transaction costs and responsibilities between buyer and seller and reflect transportation practices.They closely correspond to the UN Convention on Contracts for the International Sales of Goods.The first version was introduced in 1936 and the present dates from 2010.As of January 1,2011, INCOTERMS 2010(the 8st edition)has effect.The changes therein affect all of the five terms previously listed in section D.SUPPLEMENTARY

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The eight published set of pre-defined terms.Incoterms 2010 defines 11 rules, reducing the 13 used in Incoterms 2000 by introducing two new rules(“Deliver at Terminal”,DAT;”Delivery at Place”,DAP)that replace four rules of the prior version(“Delivered at Frontier”,DAF;”Delivered Ex Ship”,DES;”Delivered Ex Quay”,DEQ;”Delivered Duty Unpaid”,DDU).In the prior version, the rules were divided into four categories, but the 11 pre-defined terms of Incoterms 2010 are subdivided into two categories based only on method of delivery.General Modes of Transportation The seven rules defined by Incoterms 2010 for general modes of transportation are;EXW-Ex Works(named place)The seller makes the goods available at his premises.The buyer is responsible for all charges.This trade term places the greatest responsibility on the buyer and minimum obligations on the seller.The Ex Works term is often used when making an intitial quotation for the sale of goods without any costs included.EXW means that a seller has the goods ready for collection at his premises(Work, factory, warehouse,plant)on the date agreed upon.FCA-Free Carrier(named places)The seller hands over the goods, cleared for export, into the custody of the first carrier(named by the buyer)at the named place.This term is suitable for all modes of transport, including carriage by air,rail,road,and containerized/multi-modal sea transport.This is the correct”freight collect” term to use for sea shipments in containers.CPT-Carrier Paid To(named place of destination)The seller pays for carriage to the named point of destination, but risk paes when the goods are handed over to the first carrier.CIP-Carrier and Insurance Paid To(named place of destination)Seller pays for carriage and insurance to the named destination point,but risk paes when the goods are handed over to the first carrier.DAT-Delivered at Terminal Seller pays for carriage to the terminal, except for costs related to import clearance, and aumes all risks up to the point that the goods are unloaded at the terminal.DAP-Delivered at Place(named place of destination)Seller pays for carrier to the named place, except for costs related to import clearance, and aumes all risks prior to the point that the goods are ready for unloading by the buyer.DDP-Delivered Duty Paid(destination place)Water Transportation(solely)The four rules defined by Incoterms 2010 for sales where transportation is entirely conducted by water are: FAS-Free Alongside Ship(named loading port)The seller must place the goods alongside the ship at the named port.The seller must clear the goods for export.This term is typically used for heavy-lift or bulk cargo.FOB-Free on board(named loading port)The seller must load the goods on board the ship nominated by the buyer,cost and risk being divided at ship’s rail.The seller must clear the goods for export.The buyer must instruct the seller the details of the veel and port where the goods are to be loaded, and there is no reference to, or provision for, the use of a carrier of forwarder.It dose not include air transport.CFR-Cost and Freight(named destination port)Seller must pay the costs and freight to bring the goods to the port of destination.However ,risk is transferred to the buyer once the goods are loaded on the ship.Maritime transport only and Insurance for the goods is NOT included.Insurance is at the Cost of the Buyer.CIF-Cost,Insurance and Freight(named destination port)Exactly the same as CFR except that the seller must in addition procure and pay for insurance for the buyer.Leon 11 Law of the World Trade Organization

1，General Introduction The World Trade Organization(WTO)is an organization that intends to supervise and liberalize international trade.The organization officially commenced on January 1,1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade(GATT), which commenced in 1948.The organization deals with regulation of trade between participating countries;it provides a framework for negotiating and formalizing trade agreement, and a dispute resolution proce aimed at enforcing participants’ adherence to WTO agreement which are signed by representatives of member governments and ratified by their parliaments.Most of the iues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round(1986-1994).The organization is currently endeavoring the persist with a trade negotiation called the Doha Development Agenda(or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world’s population.However ,the negotiation has been dogged by disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a “special safeguard measure” to protect farmers from surges in imports.At this time, the future of the Doha Round is uncertain.The WTO has 153 members, representing more than 97% of the world’s population, and 30 observers, most seeking membership.The WTO is governed by a Ministerial Conference, meeting every two years;a General Council, which implements the Conference’s policy decisions and is responsible for day-to-day administration;and a Director-General, who is appointed by the Ministerial Conference.2，Principles of the Trading System The WTO established a framework for trade policies;it dose not define or specify outcomes.That is, it is concerned with setting the rules of the trade policy games.Five principles are of particular importance in understanding both the pre-1994 GATT and the WTO.(1)Non-Discrimination.It has two major components:the most favored nation(MFN)rule, and the national treatment policy.Both are embedded in the main WTO rules on goods, services, and intellectual property The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members, i.e.“Grant someone a special favor and you have to do the same for all other WTO members.” national treatment means that imported goods should be treated no le favorably than domestically produced goods and was introduced to tackle non-tariff barriers to trade(e.g.Technical standards and security standards discriminating against imported goods).(2)Reciprocity.It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule, and a desire to obtain better acce to foreign markets.A related point is that for a nation to negotiate, it is neceary that the gain from doing so be greater than the gain available from unilateral liberalization;reciprocal conceions intend to ensure that such gains will materialize.(3)Binding and enforceable commitments.The tariff commitments made by WTO members in a multilateral trade negotiation and on acceion are enumerated in a schedule(list)of conceions.These schedules establish’ceiling bindings”: a country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for lo of trade.If satisfaction is not obtained, the complaining country may invoke the WTO dispute settlement procedures.(4)Transparency.The WTO members are required to publish their trade regulations for the review of administrative decisions affecting trade, to respond to requests for information by other members, and to notify changes in trade policies to the WTO.These internal transparency requirements are supplemented and facilitated by periodic country-specific reports(trade policy reviews)through the Trade Policy Review Mechanism(TPRM).The WTO system tries also to improve predictability and stability, discouraging the use of quotas and other measures used to set limits on quantities of imports.(5)Safety valves.In specific circumstances, governments are able to restrict trade.There are three types of provisions in this direction: articles allowing for the use of trade measures to attain noneconomic objectives;articles aimed at ensuring” fair competition”;and provisions permitting intervention in trade for economic reasons.Exceptions to the MFN principle also allow for preferential treatment of developing countries, regional free trade areas and customs unions.3，Agreements of WTO The WTO oversees about 60 different agreements which have the status of international legal texts.WTO member countries must sign and ratify all WTO agreements on acceion.A discuion of some of the most important agreements follows.(1)The Agreement on Agriculture(AOA)came into effect with the establishment of the WTO at the beginning of 1995.The AOA has three central concepts, or” pillars”: domestic support, market acce and export subsidies.(2)The General Agreement on Trade in Services was created to extend the multilateral trading system to service sector.The Agreement entered into force in January 1995.(3)The Agreement on Trade-Related Aspects of Intellectual Property Rights sets down minimum standards for many forms of intellectual property(IP)regulation.It was negotiated at the end of the Uruguay Round in 1994.(4)The Agreement on the Application of Sanitary and Phytosanitary Measures-also known as the SPS Agreement was negotiated during the Uruguay Round, and entered into force with the establishment of the WTO at the beginning of 1995.Under the SPS Agreement, the WTO sets constraints on members’ policies relating to food safety as well as ainmal and plant health.(5)The Agreement on Technical Barriers to Trade is an international treaty of the World Trade Organization.The object ensures that technical negotiations and standards, as well as testing and certification procedures, do not create unneceary obstacles to trade.(6)The Agreement on Customs Valuation, formally known as the Agreement on Implementation of Article Ⅷ of GATT, prescribes methods of customs valuation that members are to follow.Chiefly ,it adopts the “transaction value” approach.4，Dispute Settlement Dispute settlement is the central pillar of the multilateral trading system, and the WTO’s unique contribution to the stability of the global economy.Without a means of settling disputes, the rules-based system would be le effective because the rules could not be enforced.The WTO’s procedure underscores the rule of law, and it makes the trading system more secure and predictable.The dispute settlement system of WTO is based on clearly-defined rules, with timetables for completing a case.However ,the point is not to pa judgment.The priority is to settle disputes, through consultations if poible.By January 2008, only about 136 of the nearly 369 cases had reached the full panel proce.Most of the rest have either been notified as settled “out of court” or remain in a prolonged consultation phase-some since 1995.If the courts find themselves handling an increasing number of criminal cases, does that mean law and order is breaking down? Not necearily.Sometimes it means that people have more faith in the courts and the rule of law.They are turning to the courts instead of taking the law into their own hands.For the most part, that is what is happening in the WTO.No one likes to see countries quarrel.But if there are going to be trade disputes anyway, it is healthier that the cases are handled according to internationally agreed rules.There are strong grounds for arguing that the increasing number of disputes is simply the result of expanding world trade and the stricter rules negotiated in the Uruguay Round;and that the fact that more are coming to the WTO reflects a growing faith in the system.