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1.
Arraignment
英美刑事诉讼中的一项正式程序。
In the
district of Arizona, a defendant must agree to
plead guilty
within fifteen days of
arraignment in order to receive a reduction in
sentence.
2.
By laws
公司内部细则
/articles of
incorporation
公司成立章程
Articles of association
Idaho
law
provides
that
unless
the
articles
of
incorporation
or
bylaws
provided
otherwise,
regular
meetings of the board of directions may
be held without of the date, time and place.
3.
Cabinet
The federal cabinet
minister is also wary of the
Americans
’
willingness to
trade away basic values in
the name of
the national security.
4.
Chattel
The opposite of chattel is
real property which includes lands or buildings.
5.
Class action
集团诉讼
/Group litigation
The class action rule is intended to
improve court efficiency by allowing a large group
of people with
similar claims to join
together in one lawsuit.
6.
Concurrent
estates
共有财产
Concurrent
estates
are
those
that
are
either
owned
or
possessed
by
two
or
more
individuals
simultaneously.
The three most common types of concurrent estates
are joint tenancy, tenancy by the
entirety, and tenancy in common.
7.
Corporal punishment
In the
twentieth century, corporal punishment was either
eliminated as a legal penalty or restricted to
beating with a birch rod, cane or whip.
8.
Discretion
Act
at one
’
s discretion
某人酌情处理
Age of
discretion
责任年龄
We need responsible administers who
exercise discretion by assessing the context of
every situation.
9.
Counteroffer
Please
note
that
we
have
quoted
our
most
favorable
price
and
are
unable
to
entertain
any
counteroffer.
10.
Commission
委员会、授权委托、佣金、手续费、委任状
The client gave her attorney express
commission to sign the contract.
Drawee
Bank
’
s charges and
acceptance commission are for
buy
er’
s account.
11.
Confinement
Confinement facility
We
cannot
tell
that
spending
time
in
confinement
will
make
offenders
less
likely
to
commit
crimes
upon release.
12.
Court of Chancery
大法官法院、衡平法院
Common
law court
The defendants invoke the
equitable jurisdiction of the Court of Chancery in
an attempt to e released
from their
obligations.
Chancery
最早是文秘署，
皇家文秘书记官，
签发和保存各种令状，
在文件上加盖国玺。
Chancellor
御前大臣，
文秘署的首长。
逐渐有特别司法管辖权，
修正
普通法的不公正之处，
注重个案的公平。
普通法有两种救济方式：金钱赔偿（
relief
in
the
form
of
money
）和返还财产（
restoration
of
property
）
.
衡平法院弥补普通法不足，
发展了新的救济方式，
比
如实际履行
（
specific performance
）
和禁令（
injunction
）
普通法法院有陪审团制度，
听取口头答辩和口头询问；
而衡平法院不设陪审团，
采
取书面审理方
式。
13.
Assignment
While an obligee can rid
itself of a right merely by making an effective
assignment, an obligor cannot
rid
itself of a duty merely by making an effective
delegation.
14.
Contingency
fee
胜诉酬金、风险代理费
The Contingency fee makes litigation
possible for people who could not afford it, and
accordingly has
been praised and
condemned.
A
plaintiff
’
s lawyer in a
medical malpractice suit will typically take a
contingency fee of around 40% of
the
total jury award.
15.
Exculpatory
clause
An exculpatory clause is part of
an agreement which relieves one party from
liability. It is a provision in
a
contract which is intended to protect one party
from being sued for their wrongdoing or
negligence.
16.
Effluxion of time
期限届满、合同到期
The
license
is
not
transferable
and
shall
be
returned
forthwith
to
the
authority
if
it
has
expired
by
effluxion of time.
17.
Dictum
法官个人意见、附带意见
Obiter dictum is an opinion voiced by a
judge that has only incidental bearing on the case
in question
and is therefore not
binding. Also called dictum.
18.
Inherent
right
Right to bear is a kind of
inherent right, and it is necessary for civil
subjects to maintain their indepent
personalities, so it should be
considered as a kind of fundamental human rights
and personality rights.
19.
Invasion of
privacy
Examples
of
invasion
of
privacy
include
placing
microphones
or
cameras
in
someone
’
s
bedroom
or
hacking into their computer.
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