法律英语核心术语：实务高阶

1.Arraignment
英美刑事诉讼中的一项正式程序。

In the district of Arizona, a defendant must agree to plead guilty within fifteen days of arraignment in order to receive a reduction in sentence.
2.By laws 公司内部细则/articles of incorporation 公司成立章程
Articles of association
Idaho law provides that unless the articles of incorporation or bylaws provided otherwise, regular meetings of the board of directions may be held without of the date, time and place.
3.Cabinet
The federal cabinet minister is also wary of the Americans’ willingness to trade away basic values in the name of the national security.
4.Chattel
The opposite of chattel is real property which includes lands or buildings.
5.Class action 集团诉讼/Group litigation
The class action rule is intended to improve court efficiency by allowing a large group of people with similar claims to join together in one lawsuit.
6.Concurrent estates 共有财产
Concurrent estates are those that are either owned or possessed by two or more individuals simultaneously. The three most common types of concurrent estates are joint tenancy, tenancy by the entirety, and tenancy in common.
7.Corporal punishment
In the twentieth century, corporal punishment was either eliminated as a legal penalty or restricted to beating with a birch rod, cane or whip.
8.Discretion
Act at one’s discretion 某人酌情处理
Age of discretion 责任年龄
We need responsible administers who exercise discretion by assessing the context of every situation.
9.Counteroffer
Please note that we have quoted our most favorable price and are unable to entertain any counteroffer.
mission 委员会、授权委托、佣金、手续费、委任状
The client gave her attorney express commission to sign the contract.
Drawee Bank’s charges and acceptance commission are for buy er’s account.
11.Confinement
Confinement facility
We cannot tell that spending time in confinement will make offenders less likely to commit crimes upon release.
12.Court of Chancery 大法官法院、衡平法院
Common law court
The defendants invoke the equitable jurisdiction of the Court of Chancery in an attempt to e released from their obligations.
Chancery最早是文秘署，皇家文秘书记官，签发和保存各种令状，在文件上加盖国玺。

Chancellor 御前大臣，文秘署的首长。

逐渐有特别司法管辖权，修正普通法的不公正之处，注重个案的公平。

普通法有两种救济方式：金钱赔偿（relief in the form of money）和返还财产（restoration of property）. 衡平法院弥补普通法不足，发展了新的救济方式，比如实际履行（specific performance）和禁令（injunction）
普通法法院有陪审团制度，听取口头答辩和口头询问；而衡平法院不设陪审团，采取书面审理方式。

13.Assignment
While an obligee can rid itself of a right merely by making an effective assignment, an obligor cannot rid itself of a duty merely by making an effective delegation.
14.Contingency fee 胜诉酬金、风险代理费
The Contingency fee makes litigation possible for people who could not afford it, and accordingly has been praised and condemned.
A plaintiff’s lawyer in a medical malpractice suit will typically take a contingency fee of around 40% of the total jury award.
15.Exculpatory clause
An exculpatory clause is part of an agreement which relieves one party from liability. It is a provision in a contract which is intended to protect one party from being sued for their wrongdoing or negligence.
16.Effluxion of time 期限届满、合同到期
The license is not transferable and shall be returned forthwith to the authority if it has expired by effluxion of time.
17.Dictum 法官个人意见、附带意见
Obiter dictum is an opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding. Also called dictum.
18.Inherent right
Right to bear is a kind of inherent right, and it is necessary for civil subjects to maintain their indepent personalities, so it should be considered as a kind of fundamental human rights and personality rights.
19.Invasion of privacy
Examples of invasion of privacy include placing microphones or cameras in someone’s bedroom or hacking into their computer.
rceny 偷盗罪
In common law, larceny has been broadened by some statues to include embezzlement and false pretenses, all three of which are often subsumed under the statutory crime of theft.
21.Legitimate
The state protects the citizen’s ownership and inheritance rights to their legitimate income, savings, housing and other legitimate properties.
Legal 合乎国家正式颁布的法律的，经法律许可的
Lawful 合理合法的，合乎或不违反国家法律、教会戒律或道德的标准
Legitimate 既是合法的又是正当的
22.Lien 留置权
Contractual liens and certain statutory liens may give the holder (by agreement between the parties or by order of the court or statute) the power to sell the goods and offset the proceeds against sums owed.
23.Maintenance 抚养费
Both parents are liable to provide child maintenance according to their own financial capacity.
24.Mandamus 执行令、训令令状
A writ of mandamus issued from the court of King’s Bench, directed to some officer, corporation, or inferior court and required that a duty prescribed by law, and not subject to discretion, be performed. 马伯里诉柏迪逊案件，原告请求最高法院向国务卿詹姆斯麦迪逊发布执行令。

该案件确立了违宪审查制度，进一步完善了三权分立体制，强化了司法权对立法权和行政权的制约，形成比较完整的三权分立的权力结构。

25.Miranda rights
Once it is clear that a defendant has made a knowing and voluntary waiver of his or her Miranda rights, the issue then becomes whether the confession itself was voluntary.
a)You have the right to remain silent. Anything you say can be used against you in a court of law.
b)You have the right to talk to a lawyer and to have a lawyer present while you are being
questioned.
c)If you want a lawyer before or during questioning but can’t afford to hire a lawyer, one will be
appointed to represent you at no cost before questioning.
d)If you answer questions now without a lawyer here, you still have the right to stop answering
questions at any time.
26.Onus probandi 举证责任
In the common law, onus probandi is the obligation to prove allegations which are presented in a legal action.
27.Outlaw
If the offender was not produced, the shire court would issue a summons, and if the accused did not
appear after five consecutive summonses he would be declared an outlaw.
28.Overturn推翻、否决
In the US, the courts have the power of judicial review, under which they may overturn any laws that are judged to be unconstitutional. A law is declared unconstitutional if the court determines that it violates the United Constitution or a state constitution.
29.Per se 本身、自身
The main difference between libel and slander is that, at common law, a plaintiff in a libel case could recover damages without proof of any injury; libel was actionable per se.
30.Premises 建筑物、房屋
Unless otherwise provided for by this contract, Party A will return full amount of the deposit without interest on the day when this contract expires and Party B clears the premises and has paid all due rental and other expenses.
31.Ratio decidendi 判决理由
The students of law school are trained to distinguish between obiter dictum and ratio decidendi in a case.
32.Recourse 追索权
When a check is endorsed without recourse, it signifies that the endorser will not liable to pay in the event that payment is refused.
33.Standing committee 常务委员会
Component members of the standing committee shall not be held legally liable for their speeches or votes at various meetings of the standing committee.
34.Subject matter 诉讼标的、正义事项
When a court session opens, the presiding judge shall ascertain if all the parties have appeared in court and announce the subject matter of the case.
35.Thereof 在其中、关于...、将它
If a criminal dies during the period in which he is serving his sentence outside temporarily, the prison shall be informed thereof without delay.
36.Exemplary damages 惩戒性赔偿金
Exemplary damages are extra to traditional compensation, designed to act as a punishment and a deterrent to others. Generally, punitive damages, which are termed exemplary damages in the UK, are not award in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
37.Fostering 领养
Adoption 收养
There is a difference between adoption and fostering. Some people get confused with the foster care system and the adoption process. The main difference is that adoption is permanent and foster care is designed to be a temporary situation. The second difference is that in cases of adoption, you are now responsible as a parent as opposed to guardian.
38.Holding corporation 控股公司
Holding companies allow the reduction of risk for the owners and can allow the ownership and control of a number of different companies.。