1
美国法律制度
The American Legal System
Understanding the American Legal System
Colonies of England
The Articles of Confederation
The Constitution of the United States
The Executive Branch Has the Power to Approve New Laws and to
Conduct Foreign Affairs
The Legislative Branch Has the Exclusive Power to Make Laws
The Judicial Branch Has the Power to Enforce and Interpret the Laws
Vocabulary
Exercises
2
法庭和诉讼语言
Courts and the Language of Lawsuits
The Organization of Courts and Judicial Review
The California Court System
The Language of Lawsuits
Jurisdiction of the Courts
How a Common Law System Is Different From a Civil Law System
Vocabulary
Exercises
3
合同：合同的成立
Contracts: Formation of Contracts
What is the Difference Between a "Promise" and a"Contract"?
The Elements of a Contract
The Offer
The Acceptance
The Counteroffer
Identifying the Parties
Limited Offers
Terminating Offers
Legality of Offers
Offers Must be Definite and Certain
Other Methods of Acceptance: Bilateral and Unilateral Contracts
Consideration
A Substitute for Consideration—Detrimental Reliance
Vocabulary
Exercises
4
合同：合同成立中的问题
Contracts:Problems of Contract Formation
Problems with Formation of Contracts
Mutuality of Agreement—a Meeting of the Minds
Competence of the Parties
Intent to Make a Contract
Defenses to Contract Formation —When an Agreement isNot Really an
Agreement
Statute of Frauds—Contracts That Must Be Written
Vocabulary
Exercises
5
合同：变更、履行和违约
Contracts: Changes, Performance and Breach
Changing the Contract
Amendment of the Contract
Assignment, Delegation, and Novation
Novation
Third Party Beneficiary Contracts
Breach of Contract—What Happens When the Contract isNot Performed
Material and Immaterial Breach
Anticipatory Breach
Remedies for Breach of Contract
Specific Performance—When Money Damages Do Not Remedythe Problem
Two Limits on Breach of Contract Damages
Vocabulary
Exercises
6
侵权：故意侵权
Torts: Intentional Torts
What is a Tort?
Personal Intentional Torts
Assault and Battery
Intentional Infliction of Emotional Distress
False Imprisonment
Defamation
Invasion of Privacy
Public Disclosure of Private Facts
Use of Name or Picture for Commercial Purpose
Intrusion into Private Places
False Light
Trespass
Vocabulary
Exercises
7
侵权：过失侵权和严格责任
Torts: Negligence and Strict Liability
Negligence
Causation
Foreseeability Rule
Strict Liability
NonNatural Materials
Dangerous Activities
Products Liability
Vocabulary
Exercises
8
侵权：损害赔偿和抗辩
Torts: Tort Damages and Defenses
Damages for Torts
Compensatory Damages for Negligence
Damages for Intentional Torts
Assault and Battery
Intentional Infliction of Emotional Distress
False Imprisonment
Defamation
Invasion of Privacy
Punitive Damages
Limits on Punitive Damages
Defenses to Torts
Assumption of the Risk
Comparative Negligence
Superseding Cause
Consent
SelfDefense
Necessity
Truth as a Defense to Defamation
Vocabulary
Exercises
9
不动产：所有权
Real Property: Ownership and Rights
What is Real Property?
Subterranean Rights and Air Rights
Ownership of Real Property
The Transfer of Ownership of Real Property
Freehold Estates: Fee Simple Ownership
Freehold Estates: Conditional Fee Simple
Freehold Estates: Life Estates
Vocabulary
Exercises
10
不动产：占有和使用
Real Property:Possession and Use
Interests in Real Property Without Ownership
Leasehold Estates
Leasehold Estates: Tenancy for Years
Leasehold Estates: Periodic Tenancy
Leasehold Estates: Tenancy at Sufferance
Leasehold Estates: Transferring the Lease
Rights to Use Anothers Real Property
Licenses
Easements
Profits
Transfer of Ownership Against the Property Owners Will
Adverse Possession
Eminent Domain
Vocabulary
Exercises
11
知识产权：著作权
Intellectual Property: Copyright
The Business of Creativity
What is Copyright?
A Short History of Copyright
The Public Domain
The Exclusive Rights of a Copyright Owner
The First Sale Doctrine
Fair Use
Infringement of Copyright
Substantial Similarity
Remedies for Copyright Infringement
Injunctions
Vocabulary
Exercises
12
知识产权：专利和商业秘密
Intellectual Property: Patents and Trade Secrets
Patents
Requirements to Obtain a Patent
Are Business Methods Patentable or Not?
Design Patents
Trade Secrets
Vocabulary
Exercises
13
知识产权：商标
Intellectual Property: Trademarks
What is a Trademark?
Acquiring Ownership of a Trademark
Geographic Limitations on Ownership
Advantages of Registration with the U.S. Trademark Office
The Duration of Trademarks
Fair Use of Trademarks
Trademarks and the Internet
Lawsuits for Trademark Infringement and Trademark Dilution
Vocabulary
Exercises
14
商事组织：独资企业和合伙
Business Organizations: Sole Proprietorships and Partnerships
Sole Proprietorships—the Simplest Business Organization
Advantages of a Sole Proprietorship
Disadvantages of a Sole Proprietorship
Partnerships
Advantages of a Partnership
Disadvantages of a Partnership
The Duties of the Partners to Each Other
Joint Ventures
Vocabulary
Exercises
15
商事组织：公司和有限责任公司
Business Organizations: Corporations and Limited Liability Companies
Corporations
The Ownership and Management of a Corporation
How a Corporation Is Created
Advantages of a Corporation
Disadvantages of a Corporation
Limited Liability Companies
Disadvantages of a Limited Liability Company
Vocabulary
Exercises