法律英语-何家弘(8)

disapproval, including that of the American Bar Association, on the ground that the public lacks interest in and information on candidates for judicial office and that therefore the outcome is too often controlled by leaders of political parties. The situation has been somewhat improved since many local bar associations have undertaken to evaluate the qualifications of candidates and to support or oppose them on this basis.

州法院法官通常通过选举产生，而且一般都是由公众进行投票，但偶尔由立法机关投票。公众选举受到包括美国律师协会在内的很多人的反对， 其理由是公众对法官职位的候选人缺乏兴趣而且所知甚少，因此其结果通常受到政党领袖的操纵。由于许多地方律师协会承诺对候选人的资格进行评估并据此决定支持与否，因此情况得到一定的改善。

Since 1937, the American Bar Association has advocated the substitution of a system under which the governor appoints judges from a list submitted by a special nominating board and the judge then periodically stands unopposed for reelection by popular vote on the basis of his or her record. Such a system is now in effect, for at least some judges, in a substantial minority of states. In a small group of states, judges are appointed by the governor subject to legislative confirmation.

自从1937年以来，美国律师协会提出了一个替代制度，根据该制度，地方长官从一个特别提名委员会提交的名册上指定法官，而法官要定期参加没有竞争对手的续任公众选举，选举的依据是其工作成绩。这一制度目前正在极少数州至少针对一些法官得以实施。在一小部分州里，在立法机关批准的前提下，法官由州长任命。

This is also the method of selection of federal judges, who are appointed by the President subject to confirmation by the Senate. Even under the appointive system the selection of judges is not immune from political influence and appointees are usually of the Presidents or governors own party. But names of candidates for the federal judiciary are submitted to a committee of the American Bar Association and appointment is usually made only with its approval. The office of chief judge or chief justice is usually filled in the same manner as other judicial offices, although in some states it is filled from among the members of the court by rotation, by seniority of service, or by vote of the judges. The Chief Justice of the United States is appointed by the President, subject to Senate confirmation.

在参议院批准的前提下由总统任命联邦法官也是一种选任方法。即使在任命制度中，法官的选任也无法免除政治的影响，因而被任命者通常属于总统或州长的党派。但是联邦法官的候选人名单要提交给美国律师协会的一委员会，而且一般只有在经其同意的情况下才得以任命。大法官和首席大法官的职位的安置通常与其它法官职位相同，尽管在一些州是以轮流的方式从法院成员中按照（在本院）工作的资历或根据法官的投票予以选任。美国的首席大法官在参议院同意的前提下由总统任命。

The third characteristic is that judges commonly serve for a term of years rather than for life. For courts of general jurisdiction it is typically four, six, or eight years, and for appellate courts, six, eight, or ten years. Happily, even where selection is by popular election, it is customary to return to office for sitting judges whose service has been satisfactory. In a few state courts and in the federal courts the judges sit for life. Whether on the bench for a term of years or for life, a judge may be removed from office only for gross misconduct and only by formal proceedings. Instances of removal have been rare indeed and only a handful of federal judges have been removed by

formal proceedings. The independence of the judiciary is also encouraged by the rule that a judge incurs no civil liability for judicial acts, even if guilty of fraud and corruption. The American Bar Associations Code of Judicial Conduct has been widely adopted as a standard to which judges are expected to adhere. Salaries for the higher judicial offices are usually good although less than the income of a successful private practitioner, the prestige of these offices is high, and the bench has been able to attract many of the countrys ablest legal minds. The great names in American law are in large part the names of its great judges.

第三个特点是法官通常有任职期限而非终身制。普通的司法管辖区的法院一般为4、6或者8年，而上诉法院则为6、8、或10年。令人欣慰的是，即使在以公众选举方式选任法官的地方，那些工作令人满意的现任法官通常都能连任。在一些州法院和联邦法院，法官终身任职。无论任期制还是终身制，法官只有在出现重大的过错行为时才受到罢免而且要经过正式的程序。罢免的情况确实极其罕见，只有屈指可数的几个联邦法官经过正式的程序受到罢免。法官不因其民事司法行为而招致民事（赔偿）责任保证了司法的独立性，即使有欺诈和腐败行为也是如此。美国律师协会的《法官行为准则》作为法官应当遵守的一个标准受到广泛的接受。高级司法职位的工资虽然低于成功的私人执业律师的收入，但通常非常之高，这些职位的声望也很高，因而法官职位能够吸引全国最有能力的法律人才。美国法律界的大家大部分都出自著名的法官。

Lesson Five：Constitution 宪法

Background背景

英美法系国家中常见的法律分类(Classification of Laws)有三种：第一种是把法律分为普通法(Common Law)和衡平法(Equity)；第二种是把法律分为实 …… 此处隐藏：3464字，全部文档内容请下载后查看。喜欢就下载吧 ……