(单词翻译:单击)
术语
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定义
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calendar | List of cases scheduled for hearing in court. |
calling the docket | Public calling of the docket or list of causes at commencement of a court term. |
capital crime | Crime punishable by death. |
caption1 | Heading on legal document listing parties, court, case number and related information. |
caselaw | Collection of reported cases that form the body of law within a jurisdiction2. Also known as jurisprudence. |
caseload | Total number of cases filed in a given court or before a given judicial3 officer for a given period of time. |
causa mortis gift (KAH zuh MOR tis) | Gift made in expectation of donor4's death and upon condition that donor die as anticipated. |
cause | Lawsuit5, litigation or action. Any question, civil or criminal, litigated or contested before a court of justice. |
cause of action | Facts that give rise to a lawsuit. |
caveat6 (KA vee OTT) | Warning; note of caution. |
cease and desist order | Order of an administrative7 agency or court prohibiting a person or business from continuing a particular course of conduct. |
certiorari (SIR she oh RARE ee) | Writ8 issued by appellate court directing lower court to deliver record of case for review. Often referred to as "granting cert." |
challenge | Objection, such as when attorney objects at voir dire9 hearing to seating of a particular person on a jury. May be challenge for cause or peremptory10 challenge. See also challenge to the array. |
challenge to the array | Questioning the qualifications of an entire jury panel, usually on grounds of some legal fault in composition of the panel, e.g., racial discrimination. |
challenge for cause | Objection to seating of a particular juror for a stated reason, usually bias11 or prejudice for or against one party in the lawsuit. Judge has discretion12 to deny challenge. Also known as challenge to the poll. Compare peremptory challenge. |
change of venire (veh NI ree; popularly pronounced veh NEER) | Bringing in a jury from another county to hear a trial, usually because of concerns that pretrial publicity13 has made empaneling an impartial14 jury difficult. Compare change of venue15. |
change of venue | Moving a lawsuit to another place for trial, usually because pretrial publicity has made empaneling an impartial jury difficult. Compare change of venire. |
character evidence | Testimony16 of witnesses who know the general character and reputation of a person in the community in which that person lives. May be considered by jury as either substantive17 evidence as to the likelihood of the defendant18 to commit crime or as corroborating19 evidence of the credibility of a witness's testimony. |
charge | A formal complaint issued accusing an individual of a crime. Compare indictment20 and information. Also, the judge's instruction to the jury concerning law which applies to the facts of a case. Also called instruction. Compare binding21 instruction and directed verdict. |
circuit court | Court whose jurisdiction extends over several counties or districts and which holds sessions in all of those areas. Pennsylvania's appellate courts are circuit courts, holding sessions in various locations throughout the Commonwealth22. |
circumstantial evidence | Evidence which suggests something by implication, from which an inference can be drawn23, e.g., physical evidence, such as fingerprints24. Also called indirect evidence. Compare direct evidence. |
citation25 | Reference to source of legal authority. Also, writ issued by a court commanding a person to appear at a specified26 place and time and do something specified or to give just cause why he/she should not. Also, direction to appear in court, as when a driver receives a citation for a moving or parking violation27. |
civil actions | Noncriminal cases in which one private party sues another for redress28 of private or civil rights. |
civil procedure | Entire process by which a civil case is tried. |
class action | Lawsuit brought by one or more persons on behalf of a larger group. |
clear and convincing evidence | Evidence indicating that which is to be proven is highly probable or reasonably certain. Greater than preponderance of evidence, which is generally the standard applied29 in civil trials, but less than the evidence beyond a reasonable doubt required in criminal trials. |
clemency30 (also called executive clemency) | Act of grace or mercy by president or governor to ease consequences of criminal act, accusation31 or conviction. May take form of commutation or pardon. |
clerk of court | Officer appointed by court or elected to oversee32 administrative, nonjudicial activities of the court. |
closing argument | In a trial, closing statements by counsel to the judge or jury after evidence has been presented. |
code | Complete, systematic33 collection of laws. |
codicil34 (KOD ih sill) | Addition to a will. |
cognovit actionem (KOG NO vit ACK she OH nem) | "He has confessed the action." Written confession35 by defendant of plaintiff's claim. Usually upon condition. Authorizes36 plaintiff's attorney to sign judgment37 and issue execution. |
cognovit judgment | See confession of judgment. |
collateral38 | Property pledged as security for satisfaction of a debt. See secured debt. |
commit | To send a person to prison, asylum39 or reformatory pursuant to court order. |
common law | Law arising from tradition and judicial decisions, rather than from laws passed by the legislature. Originated in England and has been followed as law in most American jurisdictions40. Compare statute41 and equity42. |
Common Pleas Court | See Court of Common Pleas. |
community service | Sentencing option whereby offender43 performs volunteer work for government, non-profit or community-based organizations. |
commutation | Form of clemency reducing one's sentence, as from death to life imprisonment45. |
comparative negligence46 | Legal doctrine47 by which negligence of plaintiff determines amount plaintiff may recover from defendant. Compare contributory negligence. |
complainant | See plaintiff. |
complaint | Legal document that usually begins a civil lawsuit. States facts and identifies action court is asked to take. |
conciliation48 | Form of alternative dispute resolution in which parties bring their dispute to a neutral third party, who helps reach a solution. Nonbinding. Similar to mediation49, but may be less formal. |
concur50 | To agree, act together or consent. Compare concurring51 opinion under opinion. |
concurrent52 sentence | Two or more sentences served at same time rather than one after another. Three five-year terms served concurrently53 add up to no more than five years in prison. See also consecutive54 sentence. |
condemnation55 | Legal process by which government invokes56 its powers of eminent57 domain58 and takes privately59 owned property for public use, paying owners just compensation. Also, act of judicially60 pronouncing someone guilty. Usually called conviction. |
confession of judgment | Act of a debtor61 in permitting judgment to be entered against him/her by a creditor62. Also known as cognovit judgment. |
consecutive sentences | Successive sentences, one beginning at the expiration63 of another. Three five-year terms served consecutively64 impose a 15-year sentence. Also called cumulative65 sentence. See also concurrent sentence. |
consent decree | Disposition66 in juvenile67 court in which proceedings69 are suspended and child is continued under supervision70 in his/her own home under terms and conditions negotiated with probation71 services and agreed to by all parties concerned. Also, a court decree to which all parties agree. |
consent judgment | See judgment. |
conservatorship | See guardianship72. |
consideration | Inducement for which a party enters into a contract. |
conspiracy73 | Two or more people joining together for the purpose of committing an unlawful act. |
contempt of court | Willful disobedience of judge's command or official court order. |
continuance | Postponement74 of legal proceeding68 to a later date. |
contract | Legally enforceable agreement between two or more competent parties made either orally or in writing. |
contributory negligence | Legal doctrine that says if plaintiff in a civil action for negligence was also negligent75, he/she cannot recover damages from defendant for defendant's negligence. Most jurisdictions have abandoned this doctrine in favor of comparative negligence. |
conviction | Act of judicially declaring a criminal defendant guilty. Also called condemnation. |
copyright | Right to literary property, giving authors, composers and other creators sole control over how that property is used. |
corpus delicti (COR pus di LICK tye) | Material substance (body) upon which a crime has been committed, i.e., the physical evidence a crime has been committed, e.g., the body of a homicide victim or broken windows in a vandalized building. |
corroborating evidence | Supplementary76 evidence that strengthens or confirms initial evidence. |
count | Each offense77 listed in a complaint, information or indictment. |
counterclaim | Claim made by defendant against plaintiff in a civil lawsuit, especially in opposition78 to the plaintiff's claim. |
court administrator79 | Officer appointed or elected to oversee administrative, nonjudicial activities of the court. |
court costs | Fees and charges charged legally by the court for expenses of the litigation, e.g., filing fees, jury fees, reporter fees. Also, an amount of money that may be awarded to the successful party, recoverable from the losing party, as reimbursement80 for the cost of the litigation. |
Court of Common Pleas | Intermediate original court in some states, including Pennsylvania, that usually has civil and criminal jurisdiction. In Pennsylvania Common Pleas Courts also hear appeals from certain state and most local government agencies and from the minor81 courts. May also be referred to as trial courts or county courts. |
court of record | Courts whose proceedings are permanently82 recorded and which have power to fine or imprison44 for contempt. |
court reporter | Person who records and transcribes83 verbatim reports of all proceedings in court. Also called a stenographer84. |
crime | Type of behavior defined by law as deserving punishment, including imprisonment or fine or both, upon conviction. Crimes are classified as either misdemeanors or felonies. |
Crimes Code | Short title for Title 18 of Purdon's Pennsylvania Statutes85, "Crimes and Offenses86." |
criminal history record information | Information collected by criminal justice agencies on individuals with arrest records. Consists of descriptions and notations87 of arrests, detentions88, indictments89 or other formal criminal charges, dispositions90, sentencing, correctional supervision and release. Also referred to as a prior record or rap sheet. |
criminal insanity91 | Mental condition which renders a person unable to determine right from wrong. Defendants92 criminally insane cannot be convicted as criminal conduct involves conscious intent to do wrong. |
criminal summons | Order commanding accused to appear in court. May be issued in lieu of arrest warrant for misdemeanors when issuing official believes accused will appear in court without being placed under bail93. |
cross-claim | Claim by codefendants or coplaintiffs against each other. |
cross-examination | Questioning of witness by opponent in a trial. |
cumulative sentence | See consecutive sentence |
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caption
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n.说明,字幕,标题;v.加上标题,加上说明 | |
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jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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judicial
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adj.司法的,法庭的,审判的,明断的,公正的 | |
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donor
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n.捐献者;赠送人;(组织、器官等的)供体 | |
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lawsuit
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n.诉讼,控诉 | |
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caveat
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n.警告; 防止误解的说明 | |
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administrative
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adj.行政的,管理的 | |
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writ
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n.命令状,书面命令 | |
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dire
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adj.可怕的,悲惨的,阴惨的,极端的 | |
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peremptory
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adj.紧急的,专横的,断然的 | |
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bias
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n.偏见,偏心,偏袒;vt.使有偏见 | |
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discretion
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n.谨慎;随意处理 | |
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publicity
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n.众所周知,闻名;宣传,广告 | |
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impartial
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adj.(in,to)公正的,无偏见的 | |
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venue
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n.犯罪地点,审判地,管辖地,发生地点,集合地点 | |
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testimony
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n.证词;见证,证明 | |
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substantive
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adj.表示实在的;本质的、实质性的;独立的;n.实词,实名词;独立存在的实体 | |
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defendant
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n.被告;adj.处于被告地位的 | |
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corroborating
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v.证实,支持(某种说法、信仰、理论等)( corroborate的现在分词 ) | |
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indictment
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n.起诉;诉状 | |
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binding
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有约束力的,有效的,应遵守的 | |
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commonwealth
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n.共和国,联邦,共同体 | |
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drawn
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v.拖,拉,拔出;adj.憔悴的,紧张的 | |
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fingerprints
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n.指纹( fingerprint的名词复数 )v.指纹( fingerprint的第三人称单数 ) | |
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citation
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n.引用,引证,引用文;传票 | |
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specified
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adj.特定的 | |
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violation
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n.违反(行为),违背(行为),侵犯 | |
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redress
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n.赔偿,救济,矫正;v.纠正,匡正,革除 | |
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applied
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adj.应用的;v.应用,适用 | |
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clemency
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n.温和,仁慈,宽厚 | |
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accusation
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n.控告,指责,谴责 | |
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oversee
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vt.监督,管理 | |
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systematic
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adj.有系统的,有计划的,有方法的 | |
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codicil
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n.遗嘱的附录 | |
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confession
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n.自白,供认,承认 | |
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authorizes
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授权,批准,委托( authorize的名词复数 ) | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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collateral
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adj.平行的;旁系的;n.担保品 | |
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asylum
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n.避难所,庇护所,避难 | |
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jurisdictions
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司法权( jurisdiction的名词复数 ); 裁判权; 管辖区域; 管辖范围 | |
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statute
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n.成文法,法令,法规;章程,规则,条例 | |
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equity
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n.公正,公平,(无固定利息的)股票 | |
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offender
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n.冒犯者,违反者,犯罪者 | |
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imprison
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vt.监禁,关押,限制,束缚 | |
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imprisonment
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n.关押,监禁,坐牢 | |
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negligence
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n.疏忽,玩忽,粗心大意 | |
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doctrine
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n.教义;主义;学说 | |
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conciliation
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n.调解,调停 | |
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mediation
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n.调解 | |
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concur
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v.同意,意见一致,互助,同时发生 | |
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concurring
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同时发生的,并发的 | |
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concurrent
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adj.同时发生的,一致的 | |
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concurrently
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adv.同时地 | |
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consecutive
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adj.连续的,联贯的,始终一贯的 | |
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condemnation
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n.谴责; 定罪 | |
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invokes
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v.援引( invoke的第三人称单数 );行使(权利等);祈求救助;恳求 | |
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eminent
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adj.显赫的,杰出的,有名的,优良的 | |
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domain
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n.(活动等)领域,范围;领地,势力范围 | |
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privately
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adv.以私人的身份,悄悄地,私下地 | |
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judicially
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依法判决地,公平地 | |
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debtor
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n.借方,债务人 | |
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creditor
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n.债仅人,债主,贷方 | |
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expiration
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n.终结,期满,呼气,呼出物 | |
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consecutively
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adv.连续地 | |
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cumulative
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adj.累积的,渐增的 | |
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disposition
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n.性情,性格;意向,倾向;排列,部署 | |
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juvenile
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n.青少年,少年读物;adj.青少年的,幼稚的 | |
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proceeding
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n.行动,进行,(pl.)会议录,学报 | |
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proceedings
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n.进程,过程,议程;诉讼(程序);公报 | |
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supervision
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n.监督,管理 | |
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probation
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n.缓刑(期),(以观后效的)察看;试用(期) | |
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guardianship
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n. 监护, 保护, 守护 | |
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conspiracy
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n.阴谋,密谋,共谋 | |
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postponement
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n.推迟 | |
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negligent
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adj.疏忽的;玩忽的;粗心大意的 | |
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supplementary
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adj.补充的,附加的 | |
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offense
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n.犯规,违法行为;冒犯,得罪 | |
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opposition
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n.反对,敌对 | |
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administrator
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n.经营管理者,行政官员 | |
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reimbursement
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n.偿还,退还 | |
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minor
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adj.较小(少)的,较次要的;n.辅修学科;vi.辅修 | |
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permanently
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adv.永恒地,永久地,固定不变地 | |
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transcribes
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(用不同的录音手段)转录( transcribe的第三人称单数 ); 改编(乐曲)(以适应他种乐器或声部); 抄写; 用音标标出(声音) | |
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stenographer
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n.速记员 | |
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statutes
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成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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offenses
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n.进攻( offense的名词复数 );(球队的)前锋;进攻方法;攻势 | |
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notations
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记号,标记法( notation的名词复数 ) | |
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detentions
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拘留( detention的名词复数 ); 扣押; 监禁; 放学后留校 | |
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indictments
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n.(制度、社会等的)衰败迹象( indictment的名词复数 );刑事起诉书;公诉书;控告 | |
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dispositions
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安排( disposition的名词复数 ); 倾向; (财产、金钱的)处置; 气质 | |
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insanity
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n.疯狂,精神错乱;极端的愚蠢,荒唐 | |
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defendants
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被告( defendant的名词复数 ) | |
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bail
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v.舀(水),保释;n.保证金,保释,保释人 | |
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