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法律原则在裁判中的角色研究之文献检索报告

  

  (2)5 U.S.C.A. § 601:


  

  Title 5. Government Organization and EmployeesPart I. The Agencies GenerallyChapter 6. The Analysis of Regulatory Functions§ 601. DefinitionsHeads of departments and agencies should not include preemption provisions in codified regulations except where such provisions would be justified under legal principles governing preemption..


  

  各(政府)部门和机构的负责人不应该包含成文法规规定的先占条款,除非这些条款在调整先占的法律原则下被证明是正当的。


  

  (3)9 U.S.C.A. § 10:


  

  Title 9. ArbitrationChapter 1. General Provisions§ 10. Same; vacation; grounds; rehearingJudicial intervention against arbitration award is appropriate where arbitrators acted with manifest disregard of law, i.e. if: (1) applicable legal principle is clearly defined and not subject to reasonable debate, and (2) arbitrators refused to heed that legal principle.


  

  当仲裁员明显无视法律时,对仲裁裁决进行司法干预是适当的,即如果:(1)适当的法律原则被明确界定并没有受到合理的论辩;和(2)仲裁员拒绝听取那样的法律原则。


  

  (4)U.S.C.A. Const. Art. III § 1:


  

  Constitution of the United StatesArticle III. The JudiciarySection 1. Judicial Power, Tenure and CompensationAmendments to Indian Civil Rights Act (ICRA) which affirmed tribal court jurisdiction over all Indians, including those who were not members of tribe prosecuting Indian for crime, did not violate principle of separation of powers; Congress legally exercised its power in passing ICRA amendments and had plenary authority over Indian affairs.


  

  《印第安民权法案》的修正案肯定了所有的印第安人部落法院的管辖权,包括非部落成员起诉印第安人犯罪的案件,该修订并没有违反权力分立的原则;议会在通过该修正案时依法行使其权力并对印第安事务拥有绝对权威。


  

  (5)42 U.S.C.A. § 1983:


  

  Title 42. The Public Health and WelfareChapter 21. Civil RightsSubchapter I. Generally§ 1983. Civil action for deprivation of rightsDistrict court did not abuse its discretion, in §§ 1983 action alleging, inter alia, unlawful arrest, in declining to present jury with proposed instruction concerning the lawfulness of his arrest and the scope of the municipal ordinance he was charged with violating; jury was not asked to determine whether arrestee violated the ordinance, but whether the officers had probable cause to arrest him, and proposed instruction might well have confused jury concerning the question it was being asked to answer, and in any case the instructions the court did provide were correct legal statements and informed jury of the relevant legal principles that were to be considered.


  

  法院应当为陪审团提供正确的法律声明和需要被考虑的相关法律原则。


  

  (6)U.S.C.A. Const. Amend. I:


  

  Constitution of the United StatesAmendment I. Freedom of Religion, Speech and Press; Peaceful Assemblage; Petition of GrievancesCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


  

  国会不得制定关于下列事项的法律:确立国教或禁止宗教活动自由;剥夺言论或出版自由;剥夺人民和平集会和向政府诉冤请愿的权利。


  

  (7)U.S.C.A. Const. Amend. V:


  

  Constitution of the United StatesAmendment V. Grand Jury Indictment for Capital Crimes; Double Jeopardy; Self-Incrimination; Due Process of Law; Just Compensation for PropertyNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


  

  非经大陪审团提出报告或起诉,任何人不受死罪和其他重罪的惩罚,惟在战时或国家危急时期发生在陆、海军中或正在服役的民兵中的案件不在此限。任何人不得因同一犯罪行为而两次遭受生命或身体伤残的危害;不得在任何刑事案件中被迫自证其罪;未经正当法律程序,不得剥夺任何人的生命、自由和财产;非有恰当补偿,不得将私有财产充作公用。


  

  (8)U.S.C.A. Const. Amend. VI:


  

  Constitution of the United StatesAmendment VI. Jury trials for crimes, and procedural rightsIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.



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