何家弘法律英语课件_第十四课.ppt

法律英语 Lesson Fourteen Commercial Law Background Commercial Law ： All the law which applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising, trade and sales. In recent years this body of law has been codified in the Uniform Commercial Code, which has been almost universally adopted by the states. (/) Commercial law State law The National Conference of Commissioners on Uniform State Laws 统一各州法律全国代表大会 A set of statutes governing the conduct of business, sales, warranties, negotiable instruments, loans secured by personal property and other commercial matters, which has been adopted with minor variations by all states except Louisiana.(/) General Provisions 总 则 Sales Leases 销售与租赁 Negotiable Instruments 商业票据 Bank Deposit and Collections 银行存款和托收 Funds Transfers 资金过户 Letters of Credit 信用证 Bulk Transfers 大宗转让 Warehouse Receipts, Bills of Lading and Other Documents of Title仓单、提单和其它所有权凭证 Investment Securities 投资证券 Secured Transactions 担保交易 Part one Article 1, Section 8 of the Constitution(commercial clause) The Congress shall have power to “regulate commerce with foreign nations, and among the several states, and with the Indian tribes” 国会有权“规制与外国的商业活动，州际商业活动，以及与印第安部落的商业活动。” The brevity of this clause belies the fact Its interpretation has played a significant role in shaping the concepts of federalism and the permissible uses of national power throughout our history. 这一条款的简短性误导了一个事实，即: 这一条款的解释在历史上联邦主义概念的形成和国家权力的运用方面起了重要作用。 The federal government Was granted neither a general police power nor the inherent right to act on any subject matter in order to promote the health, safety or welfare of the people throughout the nation. 联邦政府既没有被赋予一般公共权力，也没有被赋予改善全国人民健康、安全或社会福利方面的天生的行为权利。 The framer did grant Congress a power to regulate commerce. 宪法制定者们确实赋予了国会规制商务活动的权力。 Federalism The power over commerce might … include the power to promote the economic welfare of the citizens throughout the country. The grant of power a