legal-glossary-2

1、Glossary of Legal Terms2,,Contention,不擬答辯 nolo contendereI do not wish to contend.A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact

2、of his or her guilt.,矛Contradict盾,Party accused of a crime ~s himself (he might be guilty)Witness ~s himself (testimony weakened or discredited)Two witnesses state things directly opposed to each other (contradictions

3、reconciled by the judge),分擔(dān)Contribution分?jǐn)?Maritime law: sharing of a loss; general average (cast goods overboard to lighten the vessel)Civil law: a partition by which the creditors of an Insolvent debtor divide among th

4、emselves the proceeds [收益] of the debtor's property in proportion to the amount of their respective credits.,爭(zhēng)Controversy議,An actual dispute btw individuals seeking judicial Resolution of their grievances arising fro

5、m a conflict of their Alleged legal rights.Only in civil Litigation (protect and enforce private rights). The term Case applies to both a Civil Action & a Criminal Prosecution (enforce & safeguard the rights of

6、 the general public).Any ~ arising out of … is to be arbitrated/adjudicated.,常規(guī)Convention傳統(tǒng)convene,公約 international agreement; 協(xié)議 agreement btw states; 會(huì)議 assemblyconstitutional convention 制/改/修憲會(huì)議judicial convention

7、 legislative convention political convention 黨代表會(huì)議Conventional weapons,侵Convert – Conversion占,Any unauthorized act that Deprives an owner of Personal Property without his or her ConsentReal property cannot be lost an

8、d then foundTangibleRights in a paper,定罪Convict罪犯,Adjudge an accused person guilty of a crime at the conclusion of a criminal Prosecution, or after the entry of a plea of guilty or a plea of nolo contendere. An indivi

9、dual who has been found guilty of a crime and, as a result, is serving a sentence as punishment for the act; a prisoner.,Counsel,Counsel 律師[集合名詞]Counselor-at-law [有單復(fù)數(shù)]An attorney or lawyer. The Rendition of advice an

10、d guidance concerning a legal matter, contemplated form of argument, claim, or action.Is ~ for the defense present?Are ~ ready?,Counter 反,Counterclockwise; counterofferCounterclaim 反訴; Countervail 抵消；補(bǔ)償Counterfeit 假冒

11、Counterpart: Often a contract is in several ~s which are the same but each paper is signed by a different party, particularly if they are in different localities. It is now usual for all the parties to execute every par

12、t, and this makes them all originals.,Credit,Credit: 著重相信之意，不論有無(wú)充分的理由或證據(jù)He credits me with doing things I never thought of. Accredit：著重因獲證據(jù)而相信之意We accredit Peary with having discovered the North Pole.Credit rating,Cu

13、mulative a.- Accumulate v.,補(bǔ)充證據(jù) ~ evidence: that which goes to prove the same point which has been established by other evidence. 累積遺贈(zèng) ~ [accumulative] legacy: a second bequest, given by the same testator to the same le

14、gatee.,Damages,減損措施：Damage control/limitation要求賠償損失的訴訟 Damage suitThree major categories of damages補(bǔ)償性損害賠償金 Compensatory damages名義損害賠償金 Nominal damages懲罰性損害賠償金 Punitive damages,公司債 Debenture,Bond certificate, re-pa

15、yment of which is guaranteed by the overall capital value of the company convertible debenture 可兌換債券subordinate debenture 附屬債券sinking fund debenture 償債債券A certificate for a certain sum payable to an importer for draw

16、back of duties on merchandise imported and exported,Debit 借方,Item of debt as recorded in an account (left-hand side)Windfall or unjust enrichment?許霆：His account was only debited 1 yuan for every 1,000 yuan withdrawn.,D

17、eclaration,De = thoroughly clare = make clearA declaration is the plaintiff's statement of a claim against the defendant. The defendant then answers with a plea. Declared value 申報(bào)價(jià)格Declaration of death-Dying decla

18、rationDeclaration against interest 違反本人利益的陳述 Declaration of a dividend,Deed,Written Instrument, signed and delivered, by which the grantor Conveys title to real property to the grantee; a Conveyance of land, tenements

19、[租地，租屋] from one individual to another. 寫好的契據(jù) written deed空白的契據(jù) blank deed他們立約將財(cái)產(chǎn)交給孩子。They deeded their property to their children.,不履行Default缺席,~ing homeowners are simply walking away and deeding their properties bac

20、k to the foreclosing lender.Default: Intentional omission or nonperformance of a duty Negligence: involves carelessness or imprudence with respect to the Discharge of a duty or obligation.,缺點(diǎn)Defect瑕疵,Defection 背叛Defec

21、tive product Latent defect Patent defectFatal defectChinese company denies tire defectRecall,辯Defense護(hù),The totality of the facts, law, and Contentions to defeat or diminish the plaintiff's Cause of Action or th

22、e Prosecutor's case. an absolute denial of the other party‘s factual Allegations an Affirmative Defense[肯定性答辯], which sets forth completely new factual Allegations,2024/3/19,21,Defense,With respect to a criminal Ch

23、arge, defenses such as alibi, duress, entrapment[誘人犯罪 ], ignorance or mistake, insanity, intoxication, and Self-Defense can result in a party's acquittal.,延Defer遲,延期年金 Deferred annuity: Payments start at a Stipulate

24、d future date only if the annuitant is alive at that time. Used by a person who doesn’t want to receive payments until he is in a lower tax bracket, such as upon Retirement即期年金 Immediate annuity,Deposit,存款 deposit sli

25、p; current ~; fixed ~提存 have the subject matter deposited定金 錄取證言 Deposition The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office. The ~ of th

26、e last witness convicted the accused man.,危Detriment害,Any loss or harm to a person or propertyRelinquishment of a legal right, benefit, or something of value.Most frequently applied to contract formation. To Incur detr

27、iment means to cement a promise byeither refraining from doing sth. that one has a legal right to door by doing sth. that one is not under any legal obligation to do. …act dishonestly to the detriment of the Company,

28、法規(guī)Digest 匯編,An index to reported cases, providing brief statements of court holdings or facts of casesAbridgement: a summary of the contents of a single work, in which the original order of parts is preserved, and the p

29、rincipal labor of the compiler is in the matter of consolidation. Digest: wider in its scope, made up of quotations or paraphrased passages, has its own system of classification and arrangement. Index: points out the p

30、laces where particular matters may be foundTreatise or commentary: not a compilation, but an original composition, though it may include quotations and excerpts.,Discharge,to perform one's dutiesto dismiss someone

31、from a jobto pay one's debts or obligationsin bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid Release from the military service,折扣Dis

32、count貼現(xiàn),將90天期票貼現(xiàn)To ~ 90-day notes把期票提交銀行貼現(xiàn)Lodge a note in the bank for ~The payment of less than the full amount due on a promissory note or price for goods or services.,Discretion,The power of a judge, public offici

33、al or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines.Discreet adj.Discretionary adj.,Discrimination,Empl

34、oyment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color, age, sex, or sexual orientation.The rights to pro

35、test discrimination are provided in various federal and state laws, which allow for private lawsuits with the right to damages.,Dismiss,The ruling by a judge that all or a portion of the plaintiff's lawsuit is Termin

36、ated at that point without further evidence or Testimony. Dismiss 不再保有，自動(dòng)脫離所負(fù)之責(zé)任，所任之職務(wù)，被迫離開Discharge 革除一個(gè)人，（軍、法）準(zhǔn)予離開Release 從束縛他的東西中釋放,Dissolution,~ of a contract: rescission~ of a corporation: termination of its exi

37、stence as a legal entity~ of a family: ending of a marriage through divorceDissolve – solve – solution - resolution,原則Doctrine學(xué)說(shuō),Arm’s length ~: 獨(dú)立競(jìng)爭(zhēng)原則Clean hands ~: 清白原則The ~ of false demonstration: The ~ of merger

38、: 合并原則（財(cái)產(chǎn)權(quán)益）Monroe DoctrineGoogle: Indoctrinated Chinese,Domain,Complete and absolute ownership of land. The real estate so owned. Right of eminent domain: the inherent sovereign power claimed by the legislature of a

39、 state, of controlling private property for public usesNational domain: applied to the Aggregate of the property owned directly by a nation,2024/3/19,34,Domain,Public ~ embraces all lands, including land occupied for t

40、he purposes of federal buildings, arsenals, dock-yards, and so on, and land of an agricultural or mineral character not yet granted to private owners,正式Domicile居住地,Domiciliary visit 搜查住宅Domicile: fixed and permanent ho

41、meResidence: living in a particular locality; both in the city and countryDriver’s license; ScholarshipThe venue of a shareholders’ meeting of the Bank shall be the ~ of the Bank.,Dominant,Property Law: 需役地 Dominant

42、tenement/estate (the estate to which an Easement, or right of use, is given ) 供役地 Servient tenement/estate (the one upon which the easement is imposed ),Draft,A written order by the drawer [1出票人 ] instructing the drawee

43、 (such as a bank) [2付款人 ] to pay money to the payee [3受款人 ]Compulsory conscriptionSight Draft 即付匯票 Synonymous with a bill of exchange, Commercial Paper, or negotiable Instrument,Earnest,Earnest payment 定金Deposit paid

44、 to demonstrate commitment and to Bind a contract, with the remainder due at a particular time. If the contract is Breached by failure to pay, the earnest payment is kept by the recipient as Liquidated or committed dama

45、ges.,地役權(quán) Easement,A right of use over the property of another.Traditionally the permitted kinds of uses were limited [rights of way and rights concerning flowing waters] Normally for the benefit of Adjoining lands, no

46、matter who the owner was (an easement appurtenant), rather than for the benefit of a specific individual (easement in gross).Easements frequently arise among owners of Adjoining parcels of land.,盜Embezzle用,The fraudulen

47、t conversion of another's property by a person who is in a position of trust, such as an agent or employee.Embezzlement is distinguished from swindling 詐騙 in that：swindling involves wrongfully obtaining property by

48、 a false pretense, such as a lie or trick, at the time the property is transferred, which induces the victim to transfer to the wrongdoer title to the property.,背書endorse簽注,Sign one's name to the back of a check, bil

49、l of exchange or other negotiable instrument with the intention of making it cashable or transferable. Pledge support to a program, proposal, or candidateLiu Xiang: Endorsement Deal,捐贈(zèng)Endowment基金,The creation of a fund

50、, often by gift or bequest from a dead person's estate, for the maintenance of a public institution, particularly a college, university, or scholarship. National Endowment for DemocracyBequeath v. – bequest n.,訂婚En

51、gagement聘請(qǐng),A mutual pact, contract, or agreement.An ~ to marry is a Bilateral Contract. ~ letter: a clear delineation of an agreement that covers a particular project or employment. An attorney can require a client to

52、 sign such a letter to indicate that the person has been employed to perform specifically designated tasks.,2024/3/19,44,命令enjoin禁止,Netac [朗科科技] sued PNY in the Texas Eastern District CourtIt requested the court to ente

53、r a judgment ~ing PNY from producing the flash memory disks in question. Out-of-court settlementpatent license agreementStephen Judlowe; Morgan Lewis & Bockius LLP,公司股票Equity 衡平法,Equity interest 公司股權(quán) (creditor’s i

54、nterest)Private Equity Fund 私募基金Equitable relief 衡平法的救濟(jì)Equitable defenses 衡平法上的答辯 Equitable doctrines 衡平法則,第三方托管 Escrow,Escrow agreement 待條件完成后的轉(zhuǎn)讓協(xié)議 Second delivery 保管物返還,保管人根據(jù)合同將保管物交還寄托人或其受讓人Escrow agent 第三者代理Par

55、ties may make the agreement that time is of the essence, and in such a case, any delay beyond the period specified in the agreement makes the individual who is obligated to act forfeit all his or her rights in the proper

56、ty in escrow,Estate 不動(dòng)產(chǎn),The degree, quantity, nature, and extent of interest that a person has in real and Personal Property.Types of estates: freehold estates, nonfreehold estates concurrent estates, specialty estat

57、es future interests, and incorporeal interests.,禁止Estoppel反言,Closely related to the doctrines of waiver, variation, and electionApplied in many areas of law, including insurance, banking, employment, international trad

58、e Collateral estoppel 間接不容否認(rèn)原則,除外Exception反對(duì),Statement that some matter is not included [contracts, statutes or deeds]. Bill of exceptions - formal objection during trial to the ruling of a judge; presented to the tria

59、l judge for settlement免除條款；免責(zé)條款 ~/Escape clause,2024/3/19,50,Exclusion Order,Section 337 of the US 1930 Tariff ActFile complaint with International Trade Commission [ITC]Short investigation timeLow cost to institute

60、investigationIssue exclusion order [ban imports]; cease and desist order [ban advertising, sale, maintenance of products imported]China Battery Industry AssociationHogan & Hartson; Zou Guorong,Execute,perform as r

61、equired, as in fulfilling one‘s obligations under a contract or a court order 實(shí)行sign and otherwise complete a document, such as Acknowledging the signature if required to make the document valid 簽訂 put to death Pursuan

62、t To a sentence Rendered by a court 行刑 executed contracts 已履行合同 -- executory contracts 待履行合同,征Expropriation用,Taking of property or rights by governmental authority such as eminent domain, including an emergency situatio

63、n, such as taking a person's truck or bulldozer to build a levee during a flood.In such a case just compensation must be paid to the owner, who can make a claim against the taker,Translation,分擔(dān) n. con________定罪 v.