1 , before the United States:
Learn to multi-channel access to information, including all aspects of the local security situation, transportation, environment, life, health and so on.
Chinese Foreign Ministry Consular Service Network "overseas Chinese citizens going abroad and the voluntary registration" and registration information provided by the United States for each of the (lead) Education Section (group), often log on each Embassy and (consulate) Yu at (Group ) website, to facilitate timely reminder to receive all kinds of information security, get in touch in case of emergency, may seek consular protection and assistance when necessary.
Contact Chinese Students and Scholars Association's school.
Note that landed in America students safety manual website for relevant information.
2 , before and after the trip
Prepare your baggage and belongings, make backup documents.
Learn more about entry and exit instructions, do not carry contraband boarding or entry, avoid stranded at the airport.
Carry less cash and valuables, portable way to help and coins, to prepare for emergency contact use.
In the United States, make sure your passport is valid at any time;
When traveling in the United States, please bring your original identity documents;
To leave the United States, your I-20 or DS-2019 form must be signed by the school to go through the international student office. Do not leave in the case of I-20 or Form DS-2019 failed. If the exit visa expires, you must re-apply for a visa in their home countries.
3 , familiar with relevant laws and regulations and school rules
Learn the difference between Chinese and American law, a clear understanding of personal identity, status and the environment, cautious. All students on a student visa shall be subject to US law, any violation will affect your legal status in the United States. In case of any legal issues please contact the International Student Office or your school teacher.
Abide by the law, strictly abide by traffic, alcoholic beverage regulations.
When it is threatened seek prompt students, the school and help lawyers and consulates, and timely report.
In case to actively cooperate with the police interrogation, honest answer, do not resist.
You must be on time to class, not skipping, or paper to submit the job on time, otherwise it will cause you to fail the course.
Employment during the study must obtain the approval of the Office of International Student school early. For employment in the school shall obtain a letter from your employer hiring party; for off-campus employment, are generally required to study more than one year at the school, and meet the relevant requirements.
Timely purchase health insurance.
Avoid cheating plagiarism. Cheating, plagiarism or help others cheating, plagiarism, falsification of data, take the test, looking on behalf of homework, submit the same work to different courses, and participation in an unauthorized team work will result in failing the course, suspension or even expelled from school punishment . You must indicate the source when others borrow data, information and statements, otherwise it will be considered plagiarism. Schools to teach computer software can easily find out whether your homework plagiarism, plagiarism. The following are prohibited by cheating or plagiarism: copying other people's arguments, words or paraphrase someone else's point of view; old questions for the exam; verbatim copying others' opinions, even if only one or two sentences.
4 , Safety
Campus security: timely early warning report to be included in the list; carefully attend an orientation training; familiar with the school and residences surrounding environment; use of school transfers; calm respond to emergencies; away from all kinds of harm to the environment; in case of sexual harassment firm alarm; strictly abide by the laboratory safety regulations; pay attention to strengthening the security office and school traffic safety; fill in emergency contact; attention to parking safety.
City Safety. Note dangerous cities and regional security, fewer trips to the city center and the downtown area with poor law and order; fewer trips to the cohabitation of entertainment; addicted to pornography, gambling and other people and things; choose to rent a safe area.
Home security. Risk of fire, check the kitchen before going to sleep every day; the prevention of theft; be wary of strangers, to prevent indoor attacked; vigilant, to observe the surrounding environment; familiar with the rental contract and security measures; maintain timely contact with their families.
Travel safety. Note whereabouts filing out; always pay attention to the environment around; avoid traveling alone, compelling, remain vigilant; to observe the surroundings when parking, valuables to be put away; careful driving, compliance with laws and regulations; ride safety, defenses can not do without; subway, bus, lift, pay attention to beware of suspicious persons, keep a distance from strangers; failing to calm, learn to protect themselves.
Life safety. Keep important documents, money and valuables; the protection of personal privacy, and enhance awareness of prevention; bank money around to observe, not to take money in the remote ATM or night; there is danger to the police immediately. Select Safety and Health dining environment, the importance of food quality and freshness.
Dating Safety. Low-key life, do not show off their wealth; everyday words and deeds to be careful to avoid affecting friends and family; friends cautious, pay attention to the exchange; carefully chosen roommate.
natural disaster. Understanding of the relevant disaster risks, ready access to authoritative information through television, Internet, telephone; early preparation of emergency rescue capsule and prepare emergency supplies; always check the residence, vehicles, especially tires, brakes and other vehicle condition; dispassionate scientific response to earthquakes, floods, storms, hurricanes, blizzards and other extreme weather.
5 , maintain mental health
A broader view, the mind open-minded, positive attitude.
Others in good faith, mutual help.
Friends need to be cautious when Moin lonely without friends.
The right to face frustration and stress, not because of the ages made a big mistake.
Learn with friends, relatives exchange and communication.
Actively participate in cultural exchange, community activities, sports, strengthen social, exercise capacity.
6 , a correct understanding of Sino-US cultural differences
Cultural differences in ideas.
Cultural differences in Communication.
Cultural differences in morality.
Actively integrate into the not too fussy.
7 , emphasis on the role of parents
Parents should establish multiple channels of communication with their children and their friends.
Always pay attention to children's mental and intellectual health after leaving the country.
Always keep in touch with children, concerned about their life and travel safety.
Help children make financial planning and improve property management awareness.
Teach children to raise awareness of the law, enhance self-protection awareness and ability.
XI Legal Affairs
When American life, often encounter some legal issues. The United States is a country ruled by law, living in the United States would have to learn to master the local laws and regulations, so that neither violation of relevant laws, but also learn to use legal means to protect their legitimate rights and interests.
1 , the basic American legal system
US court system
The United States is a federal state of separation of powers, judicial power is in the hands of the national court. The court system can be divided into two parts, namely the federal court system and state court system. Federal Court hears involving the United States Constitution, the case between the federal, state and state; state courts jurisdiction to hear cases involving state law and state constitution. According to the US Constitution, where the law does not expressly granted jurisdiction to the federal courts, state courts have belong.
Civil Procedure debate using the system, the judge alone and the trial; part of the proceedings, in particular tort litigation award by a jury, the judge's decision. The characteristics of criminal proceedings are: a number of state and federal grand juries reserved censorship felony prosecution; illegally obtained evidence shall not be adopted; widespread use of pre-trial "trade defense"; when defending, plaintiffs in civil cases, defense lawyers, criminal cases prosecutors and defense lawyers to argue against one another, the judge does not take the initiative to the survey, only play the role of "passive arbitrator" in.
In practice, the vast majority of civil cases and criminal cases are heard by a state court of. It should be noted that the US Department of Justice and the Court does not belong to the same system of government power, not affiliated with each other. US Department of Justice is an administrative body under the leadership of the president, only the leadership of the Prosecutor, the judge has no jurisdiction.
Federal court system
The Federal Court is part of the US federal government can be divided into general courts and specialized courts. Ordinary courts divided into three levels, from bottom to top are: Federal District Court (District Court), the Federal Court (United States courts of appeals) appeal, also known as circuit court (circuit courts) Appeal and the Supreme Court (Supreme Court of the United States).
Federal district courts are courts of first instance in the US federal court system, in violation of federal law in civil or criminal cases are submitted to such courts. The United States a total of 94 federal district courts, each state has at least one federal district court, but a federal district court in any area under the jurisdiction shall belong to different states.
On the federal district court, the Federal Court of Appeal, which is the intermediate appellate court in the United States federal judicial system. A federal appeals court ruled that the main appeal of its jurisdiction of local court decisions. The nation is divided into 13 trial areas, each with a federal appeals court. Because of its decisions and the creation of the Court of Appeal to hear regional powers and responsibilities, so has a great influence on American justice. As the US Supreme Court accepted the appeal only less than 100 judicial cases a year, so the final judgment of the majority of the cases are from the US Court of Appeals. Circuit Court name is inherited from the old, the modern circuit court did not tour ad litem in the jurisdiction, but there is a fixed place of business.
United States Supreme Court is the highest level of federal court. The Supreme Court consists of nine justices. Each judge nominated by the President of the United States, after the Senate approved the appointment of the hearing. Supreme Court justices, like all federal judge, as his term is unlimited. In addition to the death, resignation or retirement their own requirements, but they are the only involuntary resigned deposed the US Congress. Supreme Court involving ambassadors, envoys and consuls, and other states have a right to trial litigation party; the case the state Supreme Court or the Federal Court of Appeal has the right to review legal issues; the right to issue "tune-trial order "mediation and trial lower federal court or state court hearing the case.
The Supreme Court also has the power of judicial review, whether legislative or administrative action to review federal or state unconstitutional. Whether the trial of cases, or review cases, final judgments are generally simple majority vote to be decided by the nine justices. In fact, the Supreme Court of the United States as well as various places. They belong to the United States District Court and the US Supreme Court not in membership. The method and composition of the Supreme Court of the state judicial field are not the same.
State court system
The name of the state court system of the states varies, generally divided into three, from the bottom up are: state-level courts, a state appeals court and state Supreme Court. Under which also features a variety of small courts are not included in the trial stage.
Primary Court: United States Court of First Instance states generally referred to state district court, the Court of First Instance state Circuit Court, State Supreme Court or the ordinary state court proceedings, as is a state governed by general civil and criminal cases. Some states with a county, city police and the courts under the lower courts. There are also various special tribunal or court in lower courts on site, not as a trial level; including such specialized courts to deal with family relations courts and probate courts, traffic and small claims court divorce proceedings, child custody cases. For example, small claims courts hear only the amount claimed as lower courts in civil cases less than $ 5,000 within a specific range (this amount varies states). Small claims litigation before the Court usually adopts an informal hearing, and on many matters even not allowed legal representation. Another form of specialized courts are primarily responsible for handling cases of traffic violations local town courts, which are courts of our lives because of traffic violations are often faced with the problem to be in the United States. Small claims court and the verdict of the municipal court refused to accept the universal jurisdiction may be appealed to the state trial court for retrial, after still appeal.
State Court of Appeals: Most states with a state appeals court, as the intermediate appellate court. It may be centered Supreme Arbitration Court of Appeals or the state. Generally speaking, the state appellate court dismissed the new case, because the new cases need to collect evidence and question witnesses. Instead, the Court of Appeal will have a record of three or more judges retrial on appeal stage, including a copy of the examination of the trial proceedings, and the trial is wrong ruling. In general, the Court of Appeal to review questions of fact (for example, in fact, whether a party made certain behavior, such as flag burning), but we can examine the legal aspects (such as flag burning whether this behavior is in the First Amendment to the Federal Constitution a form of expression related to freedom of expression). Only the judge, not the jury members before it can rule on legal issues.
Under normal circumstances, to ascertain the facts in issue, the Court of Appeal to respect the views of the trial court because the trial court judge and jury in the investigation when the evidence is in a stronger position - they can be directly in the proceedings witnesses observed the posture, behavior, as well as a non-operating language. In the appeal stage, the judge review the written record of the trial court is provided, which were of course does not include those elements of non-verbal. The Court of Appeal found that the trial court only if the facts found significant errors (that is, the trial found that "facts" and found evidence to prove the contrary) or no evidence to support these "facts", the fact that it can be issues questioned.
State Supreme Court: State of the State Supreme Court is the highest instance, some states called up to the trial court or the court dealing with offenses. Some states are also divided into civil and criminal Supreme Court. New York State Court of organizations are uniquely Court of First Instance referred to the state Supreme Court, Family Division within minutes and probate court and so on. Appeal the order of the Court of Appeal said court, no separate court. The highest instance, said a state appeals court. Supreme Court's decision to hear all the states of the questions is final. Only when the state Supreme Court's decision related to the issue of federal law, the Federal Supreme Court to be able to be overturned.
2 , the US legal system
The United States is a common law (Common Law Legal System) State, its legal system has two basic characteristics: First, a decentralized system (decentralization) principle; Second, case law (case law) as the main body. In addition to the federal government, as well as state government, county government, city government, town government, etc., which are independent of the government, enjoy a certain LMLEP within their respective jurisdictions. Therefore, we can say the United States is "a government of many countries"; and the American legal system is a "fragmented and unsystematic." Of course, the United States now there are many statutes (written law) or statutory law (statutory law), but the legal system is still based on case law as the main body.
US law from the American Revolution the British common law system, there are four sources, namely, constitutional, administrative, statutory and common law (including case law). The most important source of law is the Constitution of the United States. All other constitutional legal property of management and lower than the Constitution. No law shall contravene the Constitution.
US federal law from Congress to give legal authority for specific purposes promulgated constitution. Almost all of the federal law have been incorporated into the "United States Code" (USCode). Many law gives the executive the power to develop administrative regulations, these regulations published in the "Federal Register" and was codified in "Encyclopedia of federal administrative regulations."
America's fifty states are sovereign and independent entity, with its own state constitution and state governments. They retain the full development of any law other than the international treaty provisions of the Federal Constitution, federal law and the federal Senate. The state legislative power granted to thousands of government departments, district, county, city and the SAR. And all state constitutions, statutes and administrative regulations are also similar to the corresponding federal law on judicial sense. Thus, at any given time, depending on the current location and behavior of ordinary American citizens would be subject to regulatory control of federal, state and local dozens of different government departments.
Unlike other common law system, all states have some or all of the statutes codified. In criminal law, all states regarding "vicious crime" (higher crimes) or felony (felonies), such as murder and rape, have similar laws, though vastly different in terms of punishment. For the crime of endangering public safety, the huge difference between the states.
3 , the basic procedure litigation
The basic procedure of criminal proceedings
Cases before the Court can be divided into two major categories of criminal and civil cases. The prosecutor in criminal cases is the federal or state governments, sued by government prosecutors; the party being sued is called the defendant, suspected of committing the government's criminal law. Because of the prosecution in criminal cases must be the government, if you are a victim of a criminal case, the prosecution is not your identity, that is not the plaintiff or the prosecution, but witnesses.
Criminal case the initiator is the government, if the defendant can not afford to hire a lawyer burden on the economy, may request the court to provide a lawyer at public expense to court. In the US court, the Court is not responsible for the collection of evidence. Whether criminal or civil cases, gather or collect evidence both plaintiffs and defendants do. In criminal cases, the prosecution as plaintiff to collect evidence to prove the defendant is the offender; and the defendant is to collect evidence to the contrary, such as the time of the incident the defendant is not evidence of the scene. Cause of action Criminal Court jury selected local US citizens, listening to distinguish control both sides of the facts, the witnesses and cross-examine and debate the evidence and other procedures decide whether the defendant is guilty of (that is, whether the breach of the criminal law). If the jury found the accused guilty, the judge criminal court would have sentenced the defendants prison terms and other penalties in accordance with relevant legal provisions.
In the US trial, criminal cases and some civil cases (primarily civil infringement cases) are likely to use the jury. But in fact the majority of criminal cases in the United States, not by a jury, but resolved through plea bargains. Litigation is the substance of the transaction, as the defendant guilty plea (plea of guilty), as part of its guilty plea in exchange for the program whether prosecutors will reduce the number of offenses prosecuted to prosecute lesser charge, and asked the court to impose a lighter penalty. In the case of the accused were guilty plea, and he also gave up the right to the trier of fact (ruled by a jury or judge), so the judge will determine after the verdict and sentencing. It is understood that, in most state courts indicted felony (felony) cases, fewer than 10 percent were facts proceedings. Or in the case of performing the trier of fact, the defendant often forgo a jury trial, and direct the trial (bench trial) by a judge. However, the US Constitution does not give the accused an unconditional waiver of jury trial. In the federal court system, only the consent and permission of the court the prosecution of the defendant to give up before the jury trial. In most states, a defendant's waiver of jury, often need to agree to a court or prosecutor.
The basic civil action program
Civil cases are sued by the other party, asked the court to settle disputes involving civil rights aspects. If you think you are the victim of a civil case, and intend to pursue those responsible, you can directly sue those responsible. At this point, you are the plaintiff, you sue the object is the defendant. No jury trial in civil cases in general, direct trial by a judge, the parties generally can not enjoy free assistance of a lawyer to court. After the civil cases to prosecute, to go through a series of pre-trial procedures, including proposed various initiatives (Motion) and take the evidence to the court action (Discovery).
In the pre-trial stage, most of the motion is to ask court to issue an interim order during the hearing of the case, such as standardized litigation conduct of the parties, what must be fulfilled, what is it forbidden to do and so on. As another example, other evidence of one's own actions uncooperative, refusing to provide a particular file, you can ask the court to order the other party to launch meeting to hand over the file. Forensic evidence including action under its control the request to the other party, to issue a subpoena to obtain the evidence and testimony of witnesses and so on.
The two sides lawsuit filed a motion to move the court held a hearing. After the court hearing would be required to move the proposed decision. Pretrial procedure is one of the most important steps the US civil litigation, it is not a prelude to the trial, but set the way for the trial ended without a case. Normally, most of the civil cases in the pre-trial hearing the prosecution and defense will be settled at court, without a trial. After the motion hearing was held, or if the two sides can not reach an agreement to resolve disputes out of court during this period, the case goes to trial.
4 , a lawyer charging methods
As we all know, in the United States, people often have to hire a lawyer to court. However, it is closely related to the way the United States in charge of the litigation lawyer to pay attorneys' fees and lawyers used. Generally speaking, the US attorney fees are the following types and methods.
Hourly rate system.
In the US, the system is the most typical hourly fee charging methods. The so-called hourly fee system means that lawyers will be charged according to the number of hours spent even a part of your case as an hour. And some lawyers charge different fees depending on the type of work, such as legal affairs investigation and trial is not the same. In addition, in large law firms, lawyers have different fees, attorney fees than the most senior young lawyer or assistant attorney much higher fee.
Contingency fee system.
In the United States, contingency fee is called "Contingency Fees". The so-called "Contingency Fees", is a lawyer get paid depends on the case by agents get a percentage of the total payment of court decisions. In other words, if you hire a lawyer to help you to court, if the lawsuit lost, lawyers will not receive any remuneration. However, you still have to pay the costs and expenses of counsel for this purpose. In the United States the risk, by counsel fees proportions vary, generally in proportion to one-third. Some lawyers depending on the degree of progress of the case, a sliding scale pay their share. Of course, the contingency fee lawyers are not arbitrary, but is subject to some limitations and restrictions. First of all, contingency fee does not apply to all members. In general, this type of fee arrangement is mainly used for personal injury, property or other claims in cases involving large sums of money. Second, the court may be restrictions on the total remuneration of risk agency lawyer could charge.
Set fee.
Cover expenses in the United States is called "Retainer Fees", is a series of fees paid to lawyers, most of this cost is calculated according to the hourly fee system. You can set such a fee believed to be a down payment. This is different from the way those charges to be billed the cost of future events. Set fee is usually deposited in a special account service fees associated with the production of these costs is deducted from the account. Most sets fee is non-refundable, unless the fee is considered to court to be unreasonable. Fees will cover also means a lawyer to handle your legal issues encountered at any time within a certain period of time. Because of this set fee charging method is more complicated, so be sure to let the lawyer to explain the details of this fee arrangement.
Fixed fee.
The so-called "Flat Fees", that is to say, lawyers charge a lump sum is the exact total cost. For example, one case will receive $ 1,000. This fee usually charged only way in a relatively simple or routine cases, such as a will or divorce cases without controversy.
Referral fee.
If a lawyer to introduce you to another lawyer, then he may be made a part of the total cost you paid for this case. This is the referral fee. This is called "Referral Fee" in the United States. In applicable state ethics code, the referral fee may be prohibited, unless certain conditions are met. Like other types of fees, the total cost must be reasonable, and you have to agree with this charging method.
Consultation fee.
That "Consultation Fee". In the United States, the first time you meet with a lawyer, so that both of you decide whether a lawyer can help you do this, the lawyer may charge a fixed amount or hourly fee. So, if you want to hire a lawyer, please make sure you find out whether you will be the first time a lawyer and pay.
Statutory fees.
The so-called "Statutory Fee". In some cases, attorney fees is defined by a specific statute, or you want to propose and approve the fees paid by the court. These types of charges can appear in probate, bankruptcy or other legal proceedings.
5 , the life of the law
In everyday life, Chinese citizens often met with some legal issues regarding transportation, family, norms of behavior, some of the problems in the country may not be a big deal, it may be illegal in the United States, and even jail. Since many people do not understand the United States of relevant laws and regulations, batter confused to break the law and give their own lives in the United States, work great impact, and even destroy their own future and life. So usually it is necessary to have some knowledge of the law in the United States will encounter in life.
(1) when dealing with issues concerning legal considerations:
Legal knowledge necessary to understand the United States, as well as individual rights under the US Constitution and legal protection;
Feel free to consult with the relevant legal professionals, and prevent some specious misleading information;
Hire competent, good lawyers credibility, not to save money and find some so-called legal services organization dedicated to get money;
Reservations about the text material, such as documents, tax forms, contracts and so on;
Do not sign to carefully figure out the contents of documents signed;
Do not lie and do not file the file because it is in black and white later, on record;
In case of accident, when civil disputes, many cases are not compounding, if not legal proceedings, but no end of trouble;
Business or business activities must comply with the legal process.
(2) the following "do not" Caution , some obvious, some danger of being overlooked, need to pay attention, to avoid yourself into trouble:
Do not infringe on any personal rights of others;
Do not infringe on the private property of others;
Do not show any discriminatory language or behavior of others;
Do not original culture accustomed to treat other ethnic people;
Do not have hurt other people's feelings and cultural backgrounds;
Do not encroach on the rights of children and even animals; without their parent or guardian consent, should not touch the body of a child; prohibition of abuse, abandonment pets.
Do not violate any other act of will in dealing with the opposite sex;
Do not treat your family with the original culture habits and practices, such as domestic violence, child abuse, offenders will face felony prosecution.
Do you have any "sexual harassment" words and actions in public places;
Do not quarrel hands pushing or even beating;
Do not threatening or intimidating words in speech and text;
Do not have any form of public order and damage to public property behavior;
Do not joke with the theme of terrorism in public places or vehicles, do not talk about topics such as hijacking, bomb, terrorist attack on the plane.
Do not damage the environment;
Do not carry out fishing and hunting without a license;
Do drunk driving;
Do not go against all kinds of traffic rules;
Do possession of unlicensed firearms and unlawful carrying of firearms;
Do not tax evasion;
Do not make, use, sell false documents;
Do not cheat cheat, do not lie to government agencies, judges, police, schools and other departments;
Do not make any illegal construction in their real estate license to;
Do not licensed to do business or business services;
Do working illegally in the absence of legal status of the case;
Do not get residency "status" by illegal means;
Do not violate labor law and health law and other in business;
Do not participate in various underworld gangs or organizations;
Do not involved in illegal prostitution or pornography;
Do not involve anything about drugs; not smoking, retention, trafficking and possession of drugs.
Do not participate in illegal gambling; not to engage in gambling or other illegal acts involving gambling casino, at home playing mahjong gambling are also considered illegal.
Do not participate in smuggling and other illegal immigrants.
(3) life should pay attention to other legal provisions:
Smoking is prohibited in all public places, including, but not limited to, libraries, schools, parks, railway stations, hotels, shopping malls, supermarkets, restaurants, apartments and so on; prohibit the sale of tobacco to minors, and offenders will be liable to heavy fines.
Prohibit the drinking of alcoholic beverages in public places, including, but not limited to the roadside, shopping malls, parks, offices, vehicle interior.
Prohibit restaurants, bars, hotels (Liquor store) such as the sale of alcoholic beverages to minors, minors are prohibited from entering bars, casinos. With the purchase of alcoholic beverages is required to produce photo identification.
Prohibits children under 12 years old without an adult placed in custody cases.