3. Legal Procedure
3. 法律程序
The American legal system operates under what is known as adversary system.
美國法律制度的運作采用對抗辯論式訴訟制度。
Under the system, the proceeding is presided over by a theoretically unbiased and essentially passive judge,
訴訟過程由法官控制,法官從理論上講是不偏不倚的,而且往往是被動的,
who is responsible for guiding the proceeding according to certain procedural rules and for making decisions on questions of laws that arise.
法官負責根據程序規定引導訴訟,并就出現的法律問題做出裁決。
3.1 Complaint and Answer
3.1 起訴和答辯
A civil action is normally initiated by filling with the court a complaint,
民事訴訟通常是由被稱作原告的一方當事人向法院提交起訴書開始的,
where one party known as plaintiff sets out the basis for the court's jurisdiction over the matter and the essential claims the plaintiff has against the defendant.
起訴書中要說明法院對該案件具有管轄權的法律依據及原告的訴訟請求。
The defendant needs not respond until he/she receives a summons (usually accompanied by a copy of the complaint) issued by the court.
被告只有在收到法院發出的傳票(通常附有一份起訴書)以后才有義務回答。
Filling of a complaint and serving of a summons commences the proceeding.
提交起訴書以及送達傳票標志著訴訟的開始。
While properly served with the summons the defendant must file an answer to the complaint within the stated time.
被告收到傳票后,必須在指定時間內向法院遞交答辯狀。
In the answer the defendant shall seek to prove that the plaintiff is mistaken as to what happened factually and/or as to the defendant's legal liability.
被告在答辯狀中會試圖證明原告陳述的事實以及指控被告的法律責任是錯誤的。
The answer would include admissions or denials of the factual allegations of the complaint.
答辯中應對起訴書中所陳述的事實部分做出承認或者否認。