英文法律词典 O-12

时间：2008-03-20 07:52:25

（单词翻译:单击）

TO OPEN, OPENING. To open a case is to make a statement of the pleadings in a case, which is called the opening.

2. The opening should be concise1, very distinct and perspicuous. Its use is to enable the judge and jury to direct their attention to the real merits of the case, and the points in issue. 1 Stark2. R. 439;S. C. 2 E. C. L. R. 462; 2 Stark. R. 31; S. C 3 Eng. C. L. R. 230.

3. The opening address or speech is that made immediately after the evidence has been closed; such address usually states, 1st. The full extent of the plaintiff's claims, and the circumstances under which they are made, to show that they are just and reasonable. 2d. At least an outline of the evidence by which those claims are to be established. 3d. The legal grounds and authori-ties in favor of the claim or of the proposed evidence. 4th. An anticipation3 of the expected defence, and statement of the grounds on which it is futile4, "either in law or justice, and the reasons why it ought to fail. 3 Chit. Pr. 881; 3 Bouv. Inst. n. 3044, et seq. To open a judgment5, is to set it aside.

TO OPEN A CREDIT. When a banker accepts or pays a bill of exchange drawn6 on him by a correspondent, who has not furnished him with funds, he is said to open a credit with the drawer. Pardess. n. 29.

OPEN COURT. The term sufficiently7 explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder8.

2. In England, formerly9, the parties and probably their witnesses were admitted freely in the courts, but all other persons were required to pay in order to obtain admittance. Stat. 13 Edw. I. C. 42, and 44; Barr. on the Stat, 126, 7. See Prin. of Pen. Law. 165

OPEN POLICY. An open policy is one in which the amount of the interest of the insured is not fixed10 by the policy, and is to be ascertained11 in case of loss. Vide Policy.

OPENING A JUDGMENT. The act of the court by which a judgment is so far annulled12 that it cannot be executed, but which still retains some qualities of a judgment; as, for example, its binding13 operation or lien14 upon the real estate of the defendant15.

2. The opening of the judgment takes place when some person having an interest makes affidavit16 to facts, which if true would render the execution of such judgment inequitable. The judgment is opened so as to be in effect an award of a collateral17 issue to try the facts alleged18 in the affidavit. 6 Watts19 & Serg. 493, 494.


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1 concise dY5yx     
adj.简洁的，简明的
参考例句：
  • The explanation in this dictionary is concise and to the point.这部词典里的释义简明扼要。
  • I gave a concise answer about this.我对于此事给了一个简要的答复。
2 stark lGszd     
adj.荒凉的；严酷的；完全的；adv.完全地
参考例句：
  • The young man is faced with a stark choice.这位年轻人面临严峻的抉择。
  • He gave a stark denial to the rumor.他对谣言加以完全的否认。
3 anticipation iMTyh     
n.预期，预料，期望
参考例句：
  • We waited at the station in anticipation of her arrival.我们在车站等着，期待她的到来。
  • The animals grew restless as if in anticipation of an earthquake.各种动物都变得焦躁不安，像是感到了地震即将发生。
4 futile vfTz2     
adj.无效的，无用的，无希望的
参考例句：
  • They were killed,to the last man,in a futile attack.因为进攻失败，他们全部被杀，无一幸免。
  • Their efforts to revive him were futile.他们对他抢救无效。
5 judgment e3xxC     
n.审判；判断力，识别力，看法，意见
参考例句：
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
6 drawn MuXzIi     
v.拖，拉，拔出；adj.憔悴的，紧张的
参考例句：
  • All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
  • Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。
7 sufficiently 0htzMB     
adv.足够地，充分地
参考例句：
  • It turned out he had not insured the house sufficiently.原来他没有给房屋投足保险。
  • The new policy was sufficiently elastic to accommodate both views.新政策充分灵活地适用两种观点。
8 disorder Et1x4     
n.紊乱，混乱；骚动，骚乱；疾病，失调
参考例句：
  • When returning back,he discovered the room to be in disorder.回家后，他发现屋子里乱七八糟。
  • It contained a vast number of letters in great disorder.里面七零八落地装着许多信件。
9 formerly ni3x9     
adv.从前，以前
参考例句：
  • We now enjoy these comforts of which formerly we had only heard.我们现在享受到了过去只是听说过的那些舒适条件。
  • This boat was formerly used on the rivers of China.这船从前航行在中国内河里。
10 fixed JsKzzj     
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
  • Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
  • Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。
11 ascertained e6de5c3a87917771a9555db9cf4de019     
v.弄清，确定，查明( ascertain的过去式和过去分词 )
参考例句：
  • The previously unidentified objects have now been definitely ascertained as being satellites. 原来所说的不明飞行物现在已证实是卫星。 来自《简明英汉词典》
  • I ascertained that she was dead. 我断定她已经死了。 来自《简明英汉词典》
12 annulled 6487853b1acaba95e5982ede7b1d3227     
v.宣告无效( annul的过去式和过去分词 )；取消；使消失；抹去
参考例句：
  • Their marriage was annulled after just six months. 他们的婚姻仅过半年就宣告取消。
  • Many laws made by the former regime have been annulled. 前政权制定的许多法律被宣布无效。 来自《简明英汉词典》
13 binding 2yEzWb     
有约束力的，有效的，应遵守的
参考例句：
  • The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
  • Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。
14 lien 91lxQ     
n.扣押权，留置权
参考例句：
  • A lien is a type of security over property.留置是一种财产担保。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
15 defendant mYdzW     
n.被告；adj.处于被告地位的
参考例句：
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
16 affidavit 4xWzh     
n.宣誓书
参考例句：
  • I gave an affidavit to the judge about the accident I witnessed.我向法官提交了一份关于我目击的事故的证词。
  • The affidavit was formally read to the court.书面证词正式向出席法庭的人宣读了。
17 collateral wqhzH     
adj.平行的；旁系的；n.担保品
参考例句：
  • Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。
  • Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押，这里大部分人无法从银行贷款。
18 alleged gzaz3i     
a.被指控的，嫌疑的
参考例句：
  • It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
  • alleged irregularities in the election campaign 被指称竞选运动中的不正当行为
19 watts c70bc928c4d08ffb18fc491f215d238a     
（电力计量单位）瓦，瓦特( watt的名词复数 )
参考例句：
  • My lamp uses 60 watts; my toaster uses 600 watts. 我的灯用60瓦，我的烤面包器用600瓦。
  • My lamp uses 40 watts. 我的灯40瓦。

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