法律英语重要词汇

法律英语重要词汇Torts1、Intentional torts:（1）Intentional torts against person：Assault and battery②False imprisonment③Infliction of mental distress④Defamation (libel and slander)⑤Invasion of the right of privacyMisrepresentation（2）Intentional torts against property：Trespass to land②Trespass to personal property③NuisanceConversion2、Unintentional torts ---Negligence3、Strict liability.Quiz 11. 诽谤，损毁他人名誉n. defamation / adj. defamatory2. 公布，公开n. publication3. 挪用，盗用（公款）v. embezzle / n. embezzlement4. 恶意malice5. 不动产realty ; 动产personalty6. 虚假陈述misrepresentation7. 扣押，拘留v. detain / n. detention8. 留置lien9. 因果关系causation10. 诉讼费用costs11. 特权privilege12. 口头诽谤slander13.（对他人不动产的）滋扰或妨害nuisance14. 侵占（他人动产）conversion15. 不可预见的unforeseeable / unforeseeablility16可预见性foreseeability17. 跟单买卖documentary sale18. 适当的理由，充分的根据probable cause19. 重新审判的动议motion for new trial20. 公众人物public figure21. 未经他人允许将他人的姓名或肖像擅自用于商业用途The appropriation of a person’s name or picture for commercial purposes without permission22. 法定（为法律所认定或认可）的损害Legally recognizable damage (injuries)23. 事实上的原因actual cause (causation in fact)24. 对财产的绝对占有权（排它性的财产占有权）The right to excusive possession of the property25. 分摊过失，共同过失contributory negligence26. 最后无危险机会原则the last clear chance doctrine27. 提单和保单bill of lading & insurance policy28.陪审团审判the jury trial29. 不顾陪审团裁决而由法官直接判决的动议Motion for judgment notwithstanding the verdict30. 诋毁性的，诽谤性的表述defamatory statements31. 为要丑化某人将信息公布公开Publication of information that places a person in a false light32. 公共事务matters of public concern33. 近因proximate cause34. 替代性原因superseding cause35.风险自负assumption of risk36. 相对过失，比较过失comparative negligenceQuiz 21. 租赁，出租；租期v. / n.lease2. 显失公平，不正当n.unconscionability3. 确定，识别；辨认，鉴定v. identify / n. identification4. 收回，取回，重新获得v.repossess5. 存款，保证金；使沉积，存放n. / v.deposit6. 破产者，无力偿还者；破产的，无力偿还的n. / adj. insolvent7. 信托，委托n.entrustment8. 商销性，适销性n.merchantability9. 免责声明n. disclaimer10. （合同）相对性n. privity (of contract)11. last clear chance 最后清楚机会，最后明显机会12. comparative defenses 相对抗辩，比较抗辩13. the statute of frauds 反欺诈条款14. tender of delivery 指示交付15. fungible goods 可替代货物16. warehouse receipt 仓单，仓库收据17. sale-on- approval contract 试用买卖合同18. sale-or-return contract 准许退货合同19. insurable interests 保险权益，可保权益20. product liability 产品责任1、Battery is the intentional, harmfu l or offensive touching or contact of another without his consent.2、Assault is an attempt to cause a harmful or offensive contact with another if it causes a reasonable apprehension or fear of immediate threat to his or her physical safety.3、False imprisonment is the intentional confinement of a person for a period of time without his consent.4、Confinement may result from physical barrier to the plaintiff’s freedom of movement, or the use of physical force or the threat to use physical force against the plaintiff.5、Defamation refers to unprivileged publication of false and defamatory statements that injures a person’s reputation or character.6、Libel is written defamation and may also be in print, picture, or in any other permanent, visual form.Libel is actionable without any proof of special damage to the plaintiff (due to its more permanent nature and theseriousness).7、Slander is oral or spoken defamation.Slander is generally not actionable without proof of special damage (unless the nature of the statement is so serious that it can be classified as slander per se).8、Actual malice ---either knowledge of falsity or a reckless disregard of the truth9、Compensatory damagesPunitive damagesNominal damages10、Invasion of privacy is the tort of intentional intrusion into the private affairs of a person.11、Individual’s affairsMatters of public concern12、False light in the public eyes arises when one publishes false materials designed to make a person look bad.13、Public disclosure of private facts about an individual arises when information private in character is exposed to the public.14、Appropriation occurs when a person’s name, picture or other likeness is used for commercial advantage without his consent.15、Commercial exploitation16、Any time a person, without permission, enters onto, above, or below the surface of land that is owned by another or causes anything to enter onto the land, or remains on the land or permits anything to remain on it, such action constitutes the civil tort called a “Trespass to land”.Trespass is that there must be an actual (physical), tangible interferences.No actual harm to the land is required for liability of “Trespass to land”.17、Nuisance is the unreasonable and unlawful interference with another person’s right to the use or enjoyment of his land. Nuisance does not necessarily involve any physicalinterferences of a person’s property.For nuisance liability to exist, the interference must be substantial and unreasonable. Nuisance example: noise, smoke, vibrations, the projection of light, unpleasant smell…18、Whenever any individual unlawfully harms the personal property of another or otherwise interferes with the personal property owner’s right to exclusive possession and enjoyment of that property, trespass to personal property (personalty) occurs.19、Conversion is the intentional and unlawful exercise of control or dominion (power) over the personal property of another without his consent.Conversion is defined as any act depriving an owner of personal property without that owner’s permission and without just cause.20、Negligence ---the unintentional causing of harm that could have been prevented if the defendant had acted as a reasonable and prudent person.21、The reasonable person standard --a reasonable person of ordinary prudence in similar circumstances22、greater reluctance23、Causation----a close causal connection between Defendant’s conduct and Plaintiff’s injury.24、Actual cause (cause in fact)--- The defendant’s conduct is the actual cause of the plaintiff’s injury if that injury would not have occurred but for the defendant’s breach of duty.A but for test :(to determine the existence of actual cause)25、This idea of placing some legal limit on a negligent defendant’s liability for the consequences of her actions is called Proximate cause (legal cause), which is a question not of fact, but of law and social policy.Although a defendant’s conduct may have been the actual cause of a particular plaintiff’s injury, she/he is liable only if his/her conduct was also the proximate (legal) cause of that injury.26、Superseding/ Intervening forces(cause)--- a superseding or intervening force may break the connection between a wrongful act and injury to another.27、Actual / proximate / superseding causeNegligent actual cause InjuriesConduct But for test(A+B+C…)Negligent Proximate cause InjuriesConduct Foreseeablility (A+B)Negligent Intervening force InjuriesConduct Superseding cause(Unforeseeablility)28、Assumption of risk---a plaintiff who voluntarily enters intoa risky situation, knowing the risk involved, will not be allowed to recover.29provides that plaintiffs who fail to exercise reasonable care for their ownsafety are totally barred from any recovery if their contributory negligence is a substantial factor in producing their injury; where both parties have been negligence, and their combined negligence has contributed to cause the injury.30the doctrine enables both the plaintiff’s and defendant’s negligence to be computed, and the liability for damages distributed accordingly.31、Last clear chance is a doctrine that can excuse the effect of a plaintiff’s contributory negligence.32、Strict liability (liability without fault)---liability for injury is imposed for reasons other than fault.33、Firm offer---must be made by a merchant in a signed writing which contains assurances that the offer will be held open and not revoked.34、Additional terms35、Any agreement modifying a contract needs no consideration to be binding.Modifications must be made in good faith.When modification without consideration requires a writing. 36、Statute of fraud---If the contract price is $500 or more, there must be a writing in order for the contract to be enforceable.37、Parol Evidence Rule38、Unconscionability39、Identification---is a designation of goods as the subject matter of the sales contract, which can be made only by separating the contract goods from the mass.(a few exceptions)40、fungible foods41、risk of loss42、Tender of delivery---is the seller’s placing or holding of conforming goods at the buyer’s disposition(with any necessary notice), enabling the buyer to take delivery.43、A sale on approval is not a sale until the buyer accepts (approves) the offer. Title and risk remains with the seller.44、A sale or return is a sale that can be rescinded by the buyer without liability. Title and risk remains with the buyer.45、Insurable interest---the right to purchase insurance on goods to protect one’s property rights and interest in the goods.gains an insurable interest when the goods are identified to the contract.The seller has an insurable interest in goods as long as he or she retains title to the goods.46、the voidable title rule---a person who has a voidable title to goods can pass good title to a bona fide purchaser for value47、the entrustment rule---a person who buys goods in the ordinary course of a dealer’s business takes free of any claim of a person who entrusted those goods to the dealer.48、Warranty of title--- guarantees the seller’s right to transfer goods to a later buyer.49、Warranties of performance are designed to encourage honesty in transactions because they assure the buyer that the goods will conform to certain standards of performance.50、Good title---The seller warrants that she has good and valid title and the right to transfer the goods. If the seller’s title proves defective, the buyer has a right to recover damages from the seller.No liens---The seller also warrants that she will deliver the goods free from any security interests or liens which the buyer did not know about at the time they contracted.No infringements--- A merchant also warrants to the buyer that the goods do not violate or infringe on a third person’s patents, copyrights or trademarks.51、Express warranties are the guarantees which result from the parties’expectations, and they arise from the specific words of the parties and must become part of the basis of their bargain.52、Implied warranties are imposed by Article 2 of the UCC.A. the warranty of merchantabilityB. the warranty of fitness for a particular purpose53、The foreign-natural test is applied whenever consumersdiscover some substance within food or drink that they feel should not be there.54、The reasonable-expectation test is the court’s way of asking what a reasonable person would expect to find in food or drink—even if the substance is not foreign.55、Implied warranty of merchantability--- An implied warranty of merchantability automatically arises in every sale of goods made by a merchant who deals in goods of the kind sold.56、Implied warranty of fitness for a particular purpose--- arises when any seller (merchant or non-merchant) knows the particular purpose for which a buyer will use the goods and knows that the buyer is relying on the seller’s skill and judgment to select suitable goods.57、How to make “Express warranty disclaimers”:A. in language that is specific, clear and unambiguousB. in language that is called to a buyer’s attention58、How to make “Implied warranty disclaimers”:（1）the implied warranty of merchantabilityA. use the word merchantabilityB. make the disclaimer conspicuous if it is in writing（2）the implied warranty of fitness for particular purposeA. use a writingB. make the disclaimer conspicuousThe difference between merchantability warranty disclaimer and fitness warranty disclaimerA. Unlike the fitness warranty disclaimer, a disclaimer of theB. Disclaimers of the merchantability must always use theword . No special words are needed to disclaim the fitness warranty.59、Privity of contract60、Product liability---based on negligence。