1合同用语应明确,避免含混不清或有多重含 X (ambiguous statements) · Vagueness笼统):弹性语言,没有明确外延 和意指范围不固定的语句( indistinct borders) s a reasonable time; due diligence; best efforts materially 显失公平,数额巨大,情节严重,法律另有规 定的除外。 Ambiguity(歧义): capable of having two or more mutually inconsistent meanings
• 1 合同用语应明确，避免含混不清或有多重含 义（ambiguous statements） • Vagueness(笼统）：弹性语言，没有明确外延 和意指范围不固定的语句（indistinct borders ） • 如 a reasonable time；due diligence; best efforts; materially • 显失公平，数额巨大，情节严重，法律另有规 定的除外。 • Ambiguity（歧义）：capable of having two or more mutually inconsistent meanings。 •
Doctor是什么? 如: Doctor 孙中山是博士还是医生? JD.是法学博士吗?
Doctor是什么? • 如：Doctor • 孙中山是博士还是医生? • J.D. 是法学博士吗?
JD是法学博士吗? In the United States, the degree may be conferred in Latin as juris Doctor or in English as Doctor of Jurisprudence. These are effectively the same degree, though they can be distinguished linguistical Doctor is the latin word for "teacher"from the verb docere to teach" Juris juris means oral law, which law is distinct from written law made by legislatures(lex)and executive regulations, rex(cognate with"regulation"). Thus, the word "Juris"describes the major characteristic of the common law tradition in which law is made orally" by the courts as they"hear"cases. Jurisprudence",or Jurisprudentia"in Latin, is a compound of juris and prudentia, and means literally"legal knowledge!", especially oral or abstract legal knowledge. Therefore there is a slight linguistic distinction between a JUris doctor which means"Teacher of law and a"Doctor of Jurisprudence/Jurisprudentiae Doctor which means "Teacher of Legal Knowledge al though they signify the same degree
J.D.是法学博士吗? • In the United States, the degree may be conferred in Latin as Juris Doctor or in English as Doctor of Jurisprudence. These are effectively the same degree, though they can be distinguished linguistically. Doctor is the Latin word for "teacher"—from the verb docere "to teach". Juris 'juris means oral law, which law is distinct from written law made by legislatures (lex) and executive regulations, rex (cognate with "regulation"). Thus, the word "Juris" describes the major characteristic of the common law tradition, in which law is made "orally" by the courts as they "hear" cases. "Jurisprudence", or "Jurisprudentia" in Latin, is a compound of juris and prudentia, and means literally "legal knowledge", especially oral or abstract legal knowledge. Therefore there is a slight linguistic distinction between a "Juris Doctor", which means "Teacher of Law", and a "Doctor of Jurisprudence/Jurisprudentiae Doctor", which means "Teacher of Legal Knowledge", although they signify the same degree
The existence of the Scientiae Juridicae Doctor(.J D), a research doctorate in law that requires a J D. as a prerequisite, has been taken as an indication that the J D. is not a terminal degree. For example, it is claimed that since a doctorate is often defined as the highest degree in a university, 127 and the J.D. is not a terminal degree, 128129 the J D. is therefore not a doctorate. Some of the reasons cited for stating that the J.D. is not a terminal degree are that the ll. m. and s.J.D. both require the J.D. for admission, and that the J.D. is a first professional degree in law. like the ll. B It has also been stated that since the J.D. is the doctorate equivalent of the Ph. D. and the J.D. is not the D. is not a doctorate. On the other hand the s.J. d. and J. D. are different kinds of degrees: the S.J. D. is a research doctorate and the D. is a professional degree(similar to an M.D. degree for medical doctors
• The existence of the Scientiae Juridicae Doctor(S.J.D.), a research doctorate in law that requires a J.D. as a prerequisite, has been taken as an indication that the J.D. is not a terminal degree. For example, it is claimed that since a doctorate is often defined as the highest degree in a university,[127] and the J.D. is not a terminal degree,[128][129]the J.D. is therefore not a doctorate. Some of the reasons cited for stating that the J.D. is not a terminal degree are that the LL.M. and S.J.D. both require the J.D. for admission, and that the J.D. is a first professional degree in law, like the LL.B.[130] It has also been stated that since the S.J.D. is the doctorate equivalent of the Ph.D., and the J.D. is not, the J.D. is not a doctorate. On the other hand, the S.J.D. and J.D. are different kinds of degrees: the S.J.D. is a research doctorate and the J.D. is a professional degree (similar to an M.D. degree for medical doctors).[
Attempts to compare the J D. to the Ph. D are also problematic. The pay rate for J D. holders in the U.S government is sometimes below that of holders of a Ph. D. 135 Also, the J D program is typically only three years long and does not require a dissertation, while the Ph. D. requires an original research dissertation and typically takes four to six years to complete. The Ph. D. and S.J. D. are comparable degrees. However, the J D and Ph. D. cannot be properly compared in this way as the J D is a professional doctorate, while the Ph. D. is a research doctorate. 131
• Attempts to compare the J.D. to the Ph.D. are also problematic. The pay rate for J.D. holders in the U.S. government is sometimes below that of holders of a Ph.D.[135] Also, the J.D. program is typically only three years long and does not require a dissertation, while the Ph.D. requires an original research dissertation and typically takes four to six years to complete. The Ph.D. and S.J.D. are comparable degrees. However, the J.D. and Ph.D. cannot be properly compared in this way as the J.D. is a professional doctorate, while the Ph.D. is a research doctorate.[131]