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有关月球的资料:常用法律词语--附英文解释

作者:高考题库网
来源:https://www.bjmy2z.cn/gaokao
2020-11-30 09:29
tags:allegation

什么叫名词-农村教师

2020年11月30日发(作者:房融)
下面的常用法律英语词语(按照字母顺序)来自于纽约市民事法庭官网,对于法律英语学习
者很 有帮助,阅读其原本的英文解释可以帮助我们很好的理解其含义。
A
action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for
protection of a right or prevention of a wrong; requires service of process on adversary party or
potentially adversary party
adjournment: a temporary postponement of the proceedings of a case until a specified future
time
adjudicate: to hear or try and determine judicially
adversary: an opponent. The defendant is the plaintiff's adversary
adult: a person over 18 years old
affiant: one who swears to an affidavit; deponent
affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized
affirmed: upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the Civil Court)
allegation: the assertion, declaration, or statement of a party to an action, made in a pleading,
setting out what the party expects to prove
allege: to assert a fact in a pleading
allocution: a formal address by a trial judge to the parties on the record to find out if they
understand the terms of a stipulation of settlement
amend: to change
answer: a paper filed in court and sent to the plaintiff by the defendant, admitting or denying the
statements in the plaintiff's complaint, and briefly stating why the plaintiff's claims are incorrect
and why the defendant is not responsible for the plaintiff's injury or loss
appeal: in an appeal, either plaintiff or defendant (or sometimes both) asks a higher reviewing
court to consider a lower court judge's decision. One may only appeal a judge's ruling, not an
arbitrator's ruling.
appeal as of right: the ability to bring an appeal of an order or a judgment without seeking
permission of the court
appear appearance: the participation in the proceedings by a party summoned in an action,
either in person or through an attorney
appellant: the party who takes an appeal to a higher court
appellee: the party against whom an appeal is taken
arbitration: a process in which an impartial attorney trained in arbitration or a retired judge
decides a dispute instead of the court; if the parties consent to arbitration, the arbitrator's
decision is final; otherwise, a dissatisfied party may request a trial before the court
arbitrator: a disinterested person trained in arbitration who hears evidence concerning the
dispute and makes an award based on the evidence
argument: a reason given in proof or rebuttal
attachment: the taking of property into legal custody by an enforcement officer

B
bill of particulars: factual detail submitted by a claimant after a request by the adverse party
which details, clarifies or explains further the charges andor facts alleged in a pleading
brief: a written or printed document prepared by the lawyers on each side of a dispute and
submitted to the court in support of their arguments - a brief includes the points of law which
the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on which
the lawyer rests hisher conclusions

C
calendar: a schedule of matters to be heard in court
calendar call: the calling of matters requiring parties, or their attorneys, to appear and be heard.
There is usually one at the beginning of each court day. Other calendar calls take place
throughout the day.
caption: in a pleading, deposition or other paper connected with a case in court, it is the heading
or introductory clause which shows the names of the parties, name of the court, number of the
case on the docket or calendar, etc.
cause of action: grounds on which a legal action may be brought (e.g., property damage,
personal injury, goods sold and delivered, work labor and services)
certified copy: a document which contains a seal that establishes the document as genuine, as a
true copy, so that it may be used as evidence at a trial or a hearing. A document may be certified
by an official record keeper, a clerk of the court, or any other authorized person, for example, an
attorney.
certified statement: a statement which has been sworn to before a Notary Public or
Commissioner of Deeds as a true statement
change of venue: the removal of a suit begun in one county to another county for trial, though
the term may also apply to the removal of a suit from one court to another court of the same
county
charge to jury: an address delivered by the court to the jury at the close of the trial instructing
the jury as to what principles of law they are to apply in reaching a decision
chattel: article of personal property
civil contempt: a failure to comply with a court order. Civil contempt is committed when a person
violates an order of the court which specifically requires that the person do or refrain from doing
an act. Punishment for civil contempt may be a fine or imprisonment, and the goal of the
punishment is to have the person comply with the original order of the court.
Clerk’s Return On Appeal: a form filled out by the Civil Court Appeals Clerk certifying that the
record on appeal is complete and ready to be transmitted to the Appellate Term
complaint: a paper filed in court and delivered to the party(ies) being sued, stating the plaintiff's
claims against the defendant
costs: the statutory sum awarded to the successful party when a judgment is entered (Section
1901 all Court Acts)
counterclaim: a legal claim by the defendant against the plaintiff
court record: a documentary account of what happened in the action or proceeding, which
includes the court file, exhibits and transcripts
court reporter: a person who transcribes by shorthand or stenographically takes down testimony
during court proceedings
CPLR: the abbreviation for the Civil Practice Law and Rules, which is the New York state statute
that sets forth the rules of civil procedure governing how a lawsuit is conducted in the courts of
this state
cross-appeal: an appeal by one who has received a notice of appeal from their opposing party
crossclaim: claim litigated by co- defendants or co-plaintiffs against each other and not against a
party on the opposite side of the litigation
cross-examination: questioning by a party or his attorney of an adverse party or a witness called
by an adverse party

D
decision: the determination reached by a court in any judicial proceeding, which is the basis of
the judgment
default: a occurs when a party fails to plead or otherwise defend within the time
allowed, or fails to appear at a court appearance
default judgment: a judgment against a defendant as a result of hisher failure to appear or
submit papers at an appointed time during a legal proceeding
defendant: the one being sued. This party is called the
defenses, legal or equitable: a stated reason why the plaintiff has no valid case against the
defendant
deliberation: the process by which a panel of jurors comes to a decision on a verdict
de novo: from the beginning, a new trial
deposition: sworn testimony of a witness.
direct examination: the first interrogation of a witness by the party on whose behalf the witness
is called
directed verdict: an instruction by the judge to the jury to return a specific verdict
disbursements: out of pocket expenses awarded to the winner in a judgment
discovery: the efforts of a party to a lawsuit to get information about the other party's
contentions before trial. The range of information which each party must exchange in discovery is
broad, because all parties should go to trial with as much information and knowledge about the
lawsuit as possible. During discovery a party may: (1) demand that the other party produce
documents or other physical evidence, (2) request written interrogatories, which are questions
and answers written under oath, and (3) take depositions, which involve an in-person session at
which one party has the opportunity to ask oral questions of the other party or his or her
witnesses.
dismissal: termination of a proceeding for a procedurally prescribed reason
dismissal with prejudice: action dismissed on the merits which prevents renewal of the same
claim or cause of action
dismissal without prejudice: action dismissed, not on the merits, which may be re-instituted
disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or
sentence

E
entry of judgment: in order to start enforcing a judgment, the judgment must be “entered.” Entry
occurs after the clerk of the court signs and files the judgment.
eviction proceeding: any proceeding which could result in the eviction of a respondent, such as a
holdover or nonpayment proceeding
evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts
of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose
of inducing belief in the minds of the court or the jury
examination before trial: a formal interrogation of parties and witnesses before trial
execution: (1) the performance of all acts necessary to render a written instrument complete,
such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary
proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to take
the necessary steps to collect the judgment

exhibit: a paper, document or other article produced and exhibited to a court during a trial or
hearing and, on being accepted, is marked for identification or admitted in evidence
ex parte: a proceeding, order, motion, application, request, submission etc., made by or granted
for the benefit of one party only; done for, in behalf of, or on application of one party only
F
G
garnish garnishment: to attach (seize) a portion of the wages or other property of a debtor to
repay the debt. The garnishing party notifies a third party, such as a bank or an employer, to
retain something it has belonging to the defendant-debtor, to make disclosure to the court
concerning it, and to dispose of it as the court shall direct.
guardian ad litem: a person appointed by the court to represent a minor or an adult, not able to
handle his or her own affairs, during a legal proceeding. The person appointed does not need to
be a lawyer. The guardian ad litem is the guardian just for the purpose of the particular lawsuit.
The person acting as the guardian ad litem has the responsibility to pursue the lawsuit and to
account for any money recovery.
H
I
income execution: the legal process of enforcing a judgment. To enforce the judgment, the
judgment creditor may seek an order from the court to have the appropriate authority seize
property of the judgment debtor in order to satisfy the judgment. In the case of an income
execution, or a
or other property held in an amount to satisfy the judgment. This might be done over time in
increments.
index number: a number issued by the county clerk, which is used to identify a case - in civil
court there is a charge of $$45.00
infant's compromise: a civil proceeding or motion for obtaining court approval of the settlement
of an infant's claim
information subpoena: a legal document that requires a person, a corporation, some other
business, or the judgment debtor him or herself to answer certain questions about where the
judgment debtor’s assets can be found
inquest: a non-jury trial for the purpose of determining the amount of damages due on a claim, if
a party has not appeared or defended against the claim, and after the merits of the claim have
been proven
interpreter: a person sworn at a judicial proceeding to translate oral or written language
interrogatories: written questions propounded by one party and served on an adversary, who
must provide written answers thereto under oath

J
judgment: the final decision of the judge. It is a determination of the rights and obligations of the
parties. In a given lawsuit, a judgment may direct a dismissal of the lawsuit, order payment of a
money amount or a direct one or more of the parties to do an act.

judicial hearing officer (JHO): a person who formerly served as a judge or justice of a court of
record of the Unified Court System
jurisdiction: the court's authority to hear and decide a case. It is based upon the geographical,
subject matter and monetary limitations of a court. To hear and decide a case a court must have
both
court's power over the parties involved in the lawsuit. Subject matter jurisdiction refers to the
court's power over the type or category of the lawsuit.
jury demand: a request for a trial by jury by either party. There are specific procedures for
making a jury demand, which include filing a written demand with the clerk and paying a fee. The
procedural rules place time restrictions on when a jury demand must be made.
jury instructions: directions given by the judge to the jury

K
L
legal advice: involves applying or interpreting the law to your individual problems and
recommending the best way for you to handle your case. Only an attorney, who is not a court
employee, can provide legal advice. Court staff can’t offer legal advice to anyone. The court's role
is to be neutral, without favor to any party. Court employees may only provide legal and
procedural information. Legal and procedural information involves providing general information
and does not include telling you how to best deal with your legal issues.
lessee: a person who has signed a lease to rent real property
levy: a seizure; the obtaining of money by legal process through seizure and sale of property
liability:an obligation to do, to eventually do, or to refrain from doing something; money owed;
or according to law one's responsibility for hisher conduct; or one's responsibility for causing an
injury
lien: a claim on specific property for payment of a debt
litigant: party to a legal action

M
marshal: an officer of the United States, whose duty it is to execute the process of the courts of
the United States. His duties are very similar to those of a sheriff.
marshal’s notice: a notice from a Marshal informing the recipient that they will be evicted after a
certain time period
mediation: a free, voluntary and confidential service that helps people who have a dispute to
reach their own settlement. Instead of asking a judge to make a decision in court, the people
meet with a trained mediator who helps them make their own decision on how to settle the
dispute. If a settlement is reached, it is then put in writing and signed. This written settlement
then becomes a legal contract. If the people in the dispute are not able to reach an agreement
that is acceptable to everyone involved, they are then free to ask a judge to hear there case and
make a decision in court.
minor: a child under 18 years old
minutes: notes of what happened in the courtroom
mistrial: a trial which has been terminated and declared void prior to the reaching of verdict due
to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a
judgment for any party but merely indicates a failure of trial
mitigation: to make less severe
motion: a request to the court, usually in writing, for relief before the trial on the parties' claims,
or for different or additional relief after the trial decision
motion to reargue or renew: an application which seeks to persuade a judge that the
decisionorder rendered is incorrect, because the judge has misapprehended the facts or the
applicable law, or because new evidence has become available which would change the prior
decision and there is a good reason why the evidence was not presented earlier
moving party: the party who is making an application to the court for relief

N
nonpayment proceeding: a court case started by the landlord to collect unpaid rent and to evict
the tenant if the tenant cannot pay the rent that is owed
notarize: to have a notary public attest to the authenticity of a signature on a document by
signing the document and affixing hisher own stamp
notary public: a person authorized by the State of New York to administer oaths, certify
documents and attest to the authenticity of signatures
notice of appeal: a notice to the opposing party that an appeal of the court proceedings will be
taken. The notice must be served and filed within 30 days of service of the order or judgment
appealed from with written notice of entry.
notice of claim: a paper required to be sent to the city or a public authority when a person claims
a city agency, official, or employee of a public authority caused the person damage. The notice of
claim informs the city or public authority of the nature of the claim within a short time after it
occurs. A notice of claim must be timely sent to the city or public authority prior to filing a
lawsuit.
notice of entry: a notice with an affidavit of service stating that the attached copy of an entered
order or judgment has been served by a party on another party
notice of motion: a notice informing the court and your opposition when and where your motion
will be heard, which lists the relief requested, the grounds for that relief, and provides a list of the
supporting papers upon which the motion is based
notice of petition: a petitioner's written notice delivered to the respondents of when the court
will hear the attached petition
nunc pro tunc: (now for then) presently considered as if occurring at an earlier date; effective
retroactively
O
objection: a formal protest made by a party over testimony or evidence that the other side tries
to introduce
order: an oral or written command or a direction from a judge
order to show cause: a written direction by the court, usually prepared and presented to the
court by a party, that the court is shortening the required advance notice of a motion to the
other parties. Sometimes the order to show cause contains a direction to the parties that they
stop some specific activity until the court hears the motion.
P
party: person having a direct interest in a legal matter, transaction or proceeding
peremptory challenge: the challenge which may be used to reject a certain number of
prospective jurors without assigning any reason
perfect appeal: to take all legal steps necessary to complete the process of appealing an order or
judgment. These steps may include ordering and securing a transcript, drawing up a record,
writing, serving, and filing a brief, getting the case onto the appellate court’s calendar for
argument, and finally, arguing and submitting the case.
Personal Appearance Part: a Part in the Civil Court where cases are heard if one or both sides are
self- represented litigants. The Judges presiding in this Part oversee all conferences, discovery and
in some boroughs all motion practice and even the trial.
petition: in special or summary proceedings, a paper like a complaint filed in court and delivered
to the respondents, stating what the petitioner requests from the court and the respondents
petitioner: in a special or summary proceeding, one who commences a formal written
application, requesting some action or relief, addressed to a court for determination. Also known
as a plaintiff in a civil action.
plaintiff: the one suing. This party is called the
pleadings: complaint or petition, answer, and reply
poor person's relief: when a party to a lawsuit cannot afford the costs of a lawsuit, the Court may
permit that party to proceed without being required to pay for court costs
possession: the right to occupy a premises
proceeding: a type of lawsuit. In Housing Court a nonpayment proceeding seeks past-due rent; a
holdover proceeding seeks possession of the premises.
pro se: a party who does not retain a lawyer and appears for himherself in court
proof of service: an affidavit filled out by the person who served legal papers on behalf of a party,
or by a party if so permitted by the Court
Q
R
record: a permanent written account of some act, court proceeding or transaction that is drawn
up by a proper officer and designated to remain as permanent evidence of what has been done
in a lawsuit
referee: a person to whom the court refers a pending case to take testimony, hear the parties,
and report back to the court. A referee is an officer with judicial powers who serves as an arm of
the court.
relevant: logically connected and tending to prove or disprove a matter at issue
replevin: an action brought for the owner of items to recover possession of those items when
those items were wrongfully taken or are being wrongfully kept
reply: a plaintiff's response to a defendant's answer when the answer contains a counterclaim
requisition: a request to obtain something, such as court records, subpoenaed documents or
copies of trial tapes
respondent: one who formally answers the allegations stated in a petition which has been filed
with the court. Also known as a defendant in a civil action.
restore reinstate to calendar: to reinstate the action to active inventory

S
seizure: the process by which a person authorized under the law to do so takes into custody the
property, real property or personal property, of a person against whom a judgment has been
issued or might be issued. The seized property may be held to guarantee a judgment or be sold
to satisfy a judgment.
self-represented litigant: a party who does not retain a lawyer and appears for himherself in
court. Also known as a Pro Se litigant.
service of process: the delivery of copies of legal documents to the defendant or other person to
whom the documents are directed. Legal documents which must be served include a summons,
complaint, petition, order to show cause, subpoena, notice to quit the premises and certain
other documents. The procedure for service of process is specifically set out in statutes.
settle the minutes: the process by which the transcript of the proceeding is finalized
sheriff: the executive officer of local court in some areas. In other jurisdictions the sheriff is the
chief law enforcement officer of a county.
standing: the right to make a legal claim, or to seek judicial enforcement of a duty or a right
statement in lieu of record on appeal: a statement prepared by parties to an appeal indicating
the question for appellate review, and providing a limited record necessary only to decide the
question
stay: the postponement or halting of a proceeding, action, or the enforcement of an order or
judgment
stipulation of settlement: a formal agreement between litigants andor their attorneys resolving
their dispute
subpoena: a court document used to compel a witness to testify at the hearing or to produce
records
sum certain: liquidated damages pursuant to contract, promissory note, law, etc.
summary judgment: a determination in an action on the grounds that there is no genuine issue
of fact
summons: a plaintiff's written notice, in a specific form, delivered to the parties being sued, that
they must answer the plaintiff's attached complaint within a specific time

T
testimony: an oral declaration made by a witness or party under oath
transcript: the written, word-for- word record of all legal proceedings, including testimony at trial,
hearings or depositions. A copy of the transcript may be ordered from the court reporter and a
fee must be paid for the transcript.
trial: the formal examination of a legal controversy in court so as to determine the issue
trial de novo: a new trial (see: 22NYCRR 28.12)
turnover proceeding: a hearing after a judgment has been issued, in which a creditor seeks to
establish through evidence that the debtor (or a third party who is in possession of the debtor's
property) is in possession of money or property that would satisfy, or partially satisfy, the
judgment

U
unbundled legal services: a practice in which the lawyer and client agree that the lawyer will
provide some, but not all, of the work involved in traditional full service representation. Simply
put, the lawyers perform only the agreed upon tasks, rather than the whole “bundle,” and the
clients perform the remaining tasks on their own.
undertaking: deposit of a sum of money or filing of a bond in court
use and occupancy: Payment by an occupant to the landlord for the right to use and occupy a
premises. The occupant is not a tenant, or once may have been a tenant, but the landlordtenant
relationship has since been terminated.
V
vacate: to cancel or invalidate
venue: the place within the court's jurisdiction where a lawsuit will be decided. For example,
venue in a Civil Court action may be placed in Manhattan, Queens, Staten Island, Bronx or
Brooklyn.
verdict: the determination of a jury on the facts
verification: confirmation of the correctness, truth or authenticity of pleading, account or other
paper by an affidavit or oath
voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party,
by the judge, to see if any of them should be disqualified or removed by challenge or examination

W
waste: permanent harm to real property
witness: one who testifies to what heshe has seen, heard, or otherwise observed

X, Y, Z
From:New York City Civil Court (纽约市民事法庭)

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