【正文】 y further appeal.譯：大多數(shù)州的允許上訴的決定由限制管轄權(quán)法院作出。在另一些州，上訴法院分為兩級，即中級上訴法院（通常也被稱為上訴法院）和最高法院。第二類案件包括判決理由實質(zhì)是建立于對聯(lián)邦憲法或法律的解釋時適用聯(lián)邦法院而引起的個人案件，這類案件被稱為“聯(lián)邦問題”管轄權(quán)案件。該法院只在非常有限的情況下?lián)碛性脊茌牂?quán)，主要管轄州際案件。2. The rules of procedure are to the litigating lawyer regulatory and enabling legislation： They tell or attempt to tell him what the lawyer may and may not do, and they afford the means by which the lawyer can bring about, or attempt to bring about, the results sought.譯：程序法規(guī)則對訴訟律師來說既是規(guī)范性法規(guī)又是授權(quán)性法規(guī)。在糾問制下的庭審中，法官通過其積極主動的調(diào)查和詢問后發(fā)現(xiàn)證據(jù)、適用法律。5. The reasons for the prevalence of the adversary system are manifold, but four are certainly among the most important：（1）It is believed that a truer decision will be reached as the result of a contest directed by interested parties. An interested party naturally will be most effective in seeking, discovering, and presenting the materials which will reveal the strength of his own case and the weakness of his adversary39。近來，法院出現(xiàn)了越來越多值得肯定與積極的機制，反映出博弈論這種訴訟理論發(fā)展起來的大趨勢。是狼就要練好牙，是羊就要練好腿。不奮斗就是每天都很容易，可一年一年越來越難。全方位地理解美國司法程序?qū)粩嗵嵝盐覀冏⒁饪罐q制的存在和其批判學(xué)說的不足。一個有利害關(guān)系的當事人將會有效率地尋求、發(fā)現(xiàn)并呈現(xiàn)其準備的材料，這些材料將會為他自己的訴求提供有力支撐并且削弱抗辯對方的訴求。s power and responsibility is wide. It is the lawyer who makes the initial and usually final decisions as to choice of court, size of claim, nature of claim stated, parties, extent and kind of pretrial investigation, mode of trial （whether jury or nonjury）, settlement offers, extent and kind of proofs, style of presentation and argument, and, within limits, speed and vigor of presentation. The trials are largely produced and directed by the lawyers. They supply the actors and the script, through the witnesses called and the testimony elicited by direct and cross examination. Judges are called on to intervene only occasionally and then briefly, to ensure that all the procedural safeguards of due process are met and essential fairness is achieved. They rule on the admissibility of evidence, but this is a negative function of keeping out unreliable evidence rather than an affirmative one of providing the facts upon which a case is determined.譯：在抗辯制下，律師的權(quán)利和義務(wù)范圍廣。3. A distinctive element of the American procedure far resolving legal controversies is the adversary system, which is the characteristic form of trial procedure in mon law countries, in civil as well as criminal cases. Its essential feature is that a decision is made by judge, or judge with jury, who finds the facts and applies the law from submissions made by partisan advocates on behalf of the parties. In this system of trial procedure, the responsibility for beginning suit, for shaping the issues, and for producing evidence rests almost entirely upon the parties. The court takes almost no active part. It does not do its own investigating. It rarely even asks a question. Most often it is only responsible for guiding the proceeding according to certain procedural rules and for making decisions on questions of law that arise. This system is to be contrasted with what is generally called the inquisitorial system, which is used in countries of the civil law tradition such as France and Germany. In the inquisitorial system of trial, the judge applies the law and finds the facts by his own active investigation and inquiries at trial.譯：美國法律爭議解決的程序有一個與眾不同之處，就是抗辯制（對抗制），這種制度也是普通法系國家在民事和形式案件審判中的程序的特征。潛在地，任何源于聯(lián)邦區(qū)法院的案子都有可能被上交最高法院。13. Determinations made in the federal district courts are ordinarily appealable to the United States Courts of Appeals, the intermediate appellate courts of the federal system. The Courts of Appeals, formerly known as the Circuit Courts, principally are organized territorially by groups of states known as circuits. There are at present thirteen Courts of Appeals, eleven bearing numbers （First Circuit, Second Circuit, etc. ） with the twelfth being the Court of Appeals for the District of Columbia and the thirteenth being the Court of Appeals for the Federal Circuit. Each Circuit Court consists of several judges who ordinarily sit in panels of three for each case4.譯：聯(lián)邦區(qū)法院作出的判決通?？上蛴擅绹?lián)邦上訴法院上訴，即聯(lián)邦系統(tǒng)的中級上訴法院審理。10. The Federal court system parallels the court systems of the states except that the federal courts are courts of limited subject matter jurisdiction.譯：聯(lián)邦法院系統(tǒng)平行于州法院系統(tǒng)，聯(lián)邦法院的對事管轄權(quán)是有限的。在一些州，一般管轄權(quán)法院對上訴案件的審理是終審上訴而在另一些州一般管轄權(quán)法院作出的判決可能會被再上訴。 in New York, it is the Supreme Court2。s court system. Instead of one unified set of courts, America has fifty one sets, each of which operates independently of the others, and each of which is plete with its own trial and appellate courts.譯：選擇法院也增加了美國訴訟的復(fù)雜性，因為美國的法院系統(tǒng)同樣存在雙軌制。在聯(lián)邦分權(quán)制下,每個州保留相當程度的自治。在普通法系統(tǒng)中，相當一部分法律并不存在于立法機關(guān)通過的法規(guī)條文而在于判例。8. The phrase sources of law is often used to describe methods and procedures by which law is created and developed, or the origin from which particular