英文法律词典 P-76

时间：2008-03-21 03:07:10

（单词翻译:单击）

PORTION. That part of a parent's estate, or the estate of one standing¹ in loco parentis, which is given to a child. 1 Vern. 204. Vide 8 Com. Dig. 539; 16 Vin. Ab. 4321; 1 Supp. to Ves. Jr. 34, 58, 303, 308; 2 Id. 46, 370, 404.

PORTORIA, civil law. Duties paid in ports on merchandise. Code, 4, 61, 3.

PORTSALES. Auctions² were anciently so called, because they took place in ports.

POSITIVE. Express; absolute; not doubtful. This word is frequently used in composition.

2. A positive condition is where the thing which is the subject of it must happen; as, if I marry. It is opposed to a negative condition, which is where the thing which is the subject of it must not happen; as, if I do not marry.

3. A positive fraud is the intentional³ and successful employment of any cunning, deception⁴ or artifice⁵, to circumvent⁶, cheat, or deceive another. 1 Story, Eq. §186; Dig. 4, 3, 1, 2; Dig. 2, 14, 7, 9. It is cited in opposition⁷ to constructive⁸ fraud. (q. v.)

4. Positive evidence is that which, if believed, establishes the truth or falsehood of a fact in issue, and does not arise from any presumption⁹. It is distinguished¹⁰ from circumstantial evidence. 3 Bouv. Inst. n. 3057.

POSSE. This word is used substantively¹¹ to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. (q. v.)

POSSE COMITATUS. These Latin words signify the power of the county.

2. The sheriff has authority by the common law, while acting¹² under the authority of the writ¹³ of the United States, commonwealth¹⁴ or people, as the case may be, and for the purpose of preserving the public peace, to call to his aid the posse comitatus.

3. But with respect to writs¹⁵ which issue, in the first instance, to arrest in civil suits, the sheriff is not bound to take the posse comitatus to assist him in the execution of them: though he may, if he pleases, on forcible resistance to the execution of the process. 2 Inst. 193; 3 Inst. 161.

4. Having the authority to call in the assistance of all, it seems to follow, that he may equally require that of any individual; but to this general rule there are some exceptions; persons of infirm health, or who want understanding, minors¹⁶ under the age of fifteen years, women, and perhaps some others, it seems, cannot be required to assist the sheriff, and are therefore not considered as a part of the power of the county. Vin. Ab. Sheriff, B.

5. A refusal on the part of an individual lawfully¹⁷ called upon to assist the officer in putting down a riot is indictable. 1 Carr. & Marsh¹⁸. 314. In this case will be found the form of an indictment¹⁹ for this offence.

6. Although the sheriff is acting without authority, yet it would seem that any person who obeys his command, unless aware of that fact, will be protected.

7. Whether an individual not enjoined²⁰ by the sheriff to lend his aid, would be protected in his interference, seems questionable²¹. In a case where the defendant²² assisted sheriff's officers in executing a writ of replevin without their solicitation²³, the court held him justified²⁴ in so doing. 2 Mod. 244. Vide Bac. Ab. Sheriff, N; Hamm. N. P. 63; 5 Whart. R. 437, 440.

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1 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

2 auctions
n.拍卖，拍卖方式( auction的名词复数 )
参考例句：
They picked up most of the furniture at auctions in country towns. 他们大部分的家具都是在乡村镇上的拍卖处买的。来自辞典例句 Our dealers didn't want these cars, so we had to dump them at auctions. 我们的承销商都不要这些车子，因此我们只好贱价拍卖。来自辞典例句

3 intentional
adj.故意的，有意（识）的
参考例句：
Let me assure you that it was not intentional.我向你保证那不是故意的。 His insult was intentional.他的侮辱是有意的。

4 deception
n.欺骗，欺诈；骗局，诡计
参考例句：
He admitted conspiring to obtain property by deception.他承认曾与人合谋骗取财产。 He was jailed for two years for fraud and deception.他因为诈骗和欺诈入狱服刑两年。

5 artifice
n.妙计，高明的手段；狡诈，诡计
参考例句：
The use of mirrors in a room is an artifice to make the room look larger.利用镜子装饰房间是使房间显得大一点的巧妙办法。 He displayed a great deal of artifice in decorating his new house.他在布置新房子中表现出富有的技巧。

6 circumvent
vt.环绕，包围；对…用计取胜，智胜
参考例句：
Military planners tried to circumvent the treaty.军事策略家们企图绕开这一条约。 Any action I took to circumvent his scheme was justified.我为斗赢他的如意算盘而采取的任何行动都是正当的。

7 opposition
n.反对，敌对
参考例句：
The party leader is facing opposition in his own backyard.该党领袖在自己的党內遇到了反对。 The police tried to break down the prisoner's opposition.警察设法制住了那个囚犯的反抗。

8 constructive
adj.建设的，建设性的
参考例句：
We welcome constructive criticism.我们乐意接受有建设性的批评。 He is beginning to deal with his anger in a constructive way.他开始用建设性的方法处理自己的怒气。

9 presumption
n.推测，可能性，冒昧，放肆，[法律]推定
参考例句：
Please pardon my presumption in writing to you.请原谅我很冒昧地写信给你。 I don't think that's a false presumption.我认为那并不是错误的推测。

10 distinguished
adj.卓越的，杰出的，著名的
参考例句：
Elephants are distinguished from other animals by their long noses.大象以其长长的鼻子显示出与其他动物的不同。 A banquet was given in honor of the distinguished guests.宴会是为了向贵宾们致敬而举行的。

11 substantively
adv.真实地；实质上
参考例句：
WTO-consistency had to be secured substantively as well. 与WTO的一致性还必须获得实质性的保证。来自互联网 What is called quantum information science is substantively to research information science encoding with quantum states. 量子信息学是近几年迅速发展起来的一门新兴交叉学科，它是量子力学和信息科学相结合的产物。来自互联网

12 acting
n.演戏，行为，假装；adj.代理的，临时的，演出用的
参考例句：
Ignore her,she's just acting.别理她，她只是假装的。 During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

13 writ
n.命令状，书面命令
参考例句：
This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。 You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

14 commonwealth
n.共和国，联邦，共同体
参考例句：
He is the chairman of the commonwealth of artists.他是艺术家协会的主席。 Most of the members of the Commonwealth are nonwhite.英联邦的许多成员国不是白人国家。

15 writs
n.书面命令，令状( writ的名词复数 )
参考例句：
Authority thereof shall issue Writs of Election to fill such Vacancies. 管理局须发出令状的选举，以填补这些空缺。来自互联网 Writs of arrest were issued for a thousand students throughout the country. 全国各地有一千名学生被拘捕。来自互联网

16 minors
n.未成年人( minor的名词复数 )；副修科目；小公司；[逻辑学]小前提v.[主美国英语]副修，选修，兼修( minor的第三人称单数 )
参考例句：
The law forbids shops to sell alcohol to minors. 法律禁止商店向未成年者出售含酒精的饮料。来自《简明英汉词典》 He had three minors this semester. 这学期他有三门副修科目。来自《简明英汉词典》

17 lawfully
adv.守法地，合法地；合理地
参考例句：
Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。来自口语例句 As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。来自电影对白

18 marsh
n.沼泽，湿地
参考例句：
There are a lot of frogs in the marsh.沼泽里有许多青蛙。 I made my way slowly out of the marsh.我缓慢地走出这片沼泽地。

19 indictment
n.起诉；诉状
参考例句：
He handed up the indictment to the supreme court.他把起诉书送交最高法院。 They issued an indictment against them.他们起诉了他们。

20 enjoined
v.命令( enjoin的过去式和过去分词 )
参考例句：
The embezzler was severely punished and enjoined to kick back a portion of the stolen money each month. 贪污犯受到了严厉惩罚，并被责令每月退还部分赃款。来自《简明英汉词典》 She enjoined me strictly not to tell anyone else. 她严令我不准告诉其他任何人。来自辞典例句

21 questionable
adj.可疑的，有问题的
参考例句：
There are still a few questionable points in the case.这个案件还有几个疑点。 Your argument is based on a set of questionable assumptions.你的论证建立在一套有问题的假设上。

22 defendant
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。

23 solicitation
n.诱惑；揽货；恳切地要求；游说
参考例句：
Make the first solicitation of the three scheduled this quarter. 进行三位名单上预期捐助人作本季第一次邀请捐献。来自互联网 Section IV is about the proxy solicitation system and corporate governance. 随后对委托书的格式、内容、期限以及能否实行有偿征集、征集费用由谁承担以及违反该制度的法律责任进行论述，并提出自己的一些见解。来自互联网

24 justified
a.正当的，有理的
参考例句：
She felt fully justified in asking for her money back. 她认为有充分的理由要求退款。 The prisoner has certainly justified his claims by his actions. 那个囚犯确实已用自己的行动表明他的要求是正当的。