法律英语名词解释

A:1 acquittal 宣告无罪

The legal certification ,usu. by jury verdict that an accused person is not guilty of the charged

offense.

ity 法源

A legal writing taken as definitive or decisive, esp. a judicial or administrative decision cited as

a precedent.

3 ALI american law institute 美国法学会

An organization of lawyers ,judges,and legal scholars who promote aonsistency and

sincplification of american law by publishing restatement ,as well as promoting continuing legal

education.

4, .article of incorporation公司章程

A document that set forth the basic terms of a corporation's existence, including the number and

classes of shares and the purposes and durations of the corporation.

C:

al law 刑法

The body of law defining offenses against the community at large regulating how suspects are

investigated, charged and tried and establishing punishment for convicted offenders.

犯罪

A social harm that the law makes punishable , the breach of a legal duty treated as the

subject-matter of a criminal proceeding.

al procedure 刑事诉讼程序

The rules governing the mechanisms under which crimes are investigated, prosecuted，adjudicated, and punishment.

rights 民权

The individual rights of personal liberty by bill of rights and 13th, 14th, 15th and 19th

amendment, as well as by legislation such as the voting right act.

-rights act 民权法案

One of several federal statutes enacted after the civil war and much later during and after

civil-rights movements of the 1950s and 1960s, and intended to implement and give further force

to the basic rights guaranteed by constitution and esp. prohibiting discrimination in employment,

and education on the basis of race, sex, religion, color or rage.

action 民事诉讼

An action brought to enforce redress or protect a private or civil rights, a non-criminal litigation.

ct合同

An agreement between two or more parties creating obligations that are enforceble or otherwise

recognizable at law.

ity property共同财产权

Property owned in common by husband and wife as a result of its having been acquired the

marriage by means other than an inheritance or a gift to one spouse ,each spouse holding a

one-half interests in the property.

ation公司

An entity having authority under law to act as a single person distinct from the shareholders who

own it and having rights to issue stock and exist indefinitely

D:

s 损害赔偿金

Money claimed by, or ordered to be paid to ,a person as compensation tor loss or injury.

of care 注意义务

In torts, it also termed duty ,a legal relationship arising from a standard of care ,the violation of

which subjects the actor to liability.

ne of resipsa loquacious不言自明原则

The doctrine providing that in some circumstance ,the mere acts of an accidents occurrence

raises an inference of negligencr so as to establish a prime facie case.

or 董事长

A person appointed or elected to sit on a board that manages that affairs of a corporation or

company by electing and erercising control over its officers.

E:

Equal Employment Opportunity Commission 平等工作机会委员会

A federal agency created under civil rights act of 1964 to the end discrimination employment

practice and to promote nondiscriminatory employment programs.

nt 通行权 地役权

An interest in land owned by another person ,consisting in the right to use or contral the land ,or

an area above or below it, for a specific limited purpose.

F:

欺诈

Unconscionable dealing esp. in contract law, the unconsciontious use of the power arising out of

the parties relative positions and resulting in an unconscionable bargain.

osure 丧失赎回权

A legal proceeding to terminate a mortgagor's interest in property ,instituted by the lender ,either

to gain titleor to force a sale in order to satisfy the unpaid debt secured by the property.

l antitrust act 联邦反托拉斯法

The body of law designed to protect trade and commence from restrains, monopolie price-fixing

and price discrimination.

ation 合同落空

The doctrine that if the entire performance of a contract becomes fundamentally changed

without any fault by either party ,the contract is considered terminated force.

I:

ty defense 以精神病作辩护

An affirmative defense alleging that a mental disorder caused to commit the crime

onment 监禁 incarceration

The act of confining a person esp. in a prison. the act or process of confining someone .

J:

陪审团

A group of persons selected according to law and given the power to decide questions of act and

return a verdict in the case submitted to them.

-venture corporation 合营公司

A corporation that has joined with one or more individuals or corporation to accomplish more

specified project.

M,N,O:

.manslaughter 非预谋杀人 过失杀人

The unlawful killing of human being without malice and aforethought.

mistake 重大误解

The situation in which the parties to a contract did not mean thing or when one or both ,while

meaning the same thing ,formed untrue conclusions about the subject matter of the contract as a

result of which the contract may be rendered void.

misrepresentation 虚假陈述

The act of making a false or misleading statement about sth. usu. with the intend to deceive.

mislaid property错置财产

Property that has been voluntarily relinquished by the owner with an intend to recover it later

but that cannot now be found.

nuisance 妨害行为

A condition or situation that interferes with the use or enjoyment of property liability might or

might not arise from the condition or situation.

ordinance 法令

An authoritative law or decree ,esp. a municipal regulation .municipal governments can pass

ordinances on matters that the state governments allows to be regulated at the local level.

ownership所有权

The cllection of rights allowing one to use ,possess and enjoy property ,including the rights to

convey it to others .

S:

self-defense 正当防卫

The use of force to protect oneself ,one's family, or one's property from a real or threatened

attack .generally speaking a person is justified in using a reasonable amount of force in

self-defense if he or she believe that the danger or bodily harm.

sanction 制裁punishment

A penallty or coercive measure that results from failure to comply with a law ,rule, or order.

sentence宣判

The judgement that a court formally pronounces after finding a criminal defendant guilty the

punishment imposed on a criminal wrongdoer.

summary judgement 简易审判

A judgement granted on a claim about which there is no genuine issue of material fact and upon

which the moion is entitled to prevail as a matter of law.

secondary authority 次要法源

Authority that explain the law but does not itself establish it, such as a treatise, annotation or

law-view article.

stare decisis遵循先例原则

Latin to standby things decided the doctrine of precedent,under which it is necessary for a count

to follow earlier judicial decision when the same points arise again in litigation.

subsidiary corporation 子公司

A corporation in which a parent corporation has a controlling share.

shell corporation 空壳公司

A corporation that has no active business and usu. exists only in name as a vehicle for another

company's business operations.

shareholder 股东

One who owns or holds a share in a company, esp. a corporation. also termed share owner or

stock holder.

security 证券

An instrument that evidences the holders ownership rights in a firm,the holder's creditor

relationship with a firm or government or the other rights.

security and exchange commission证券交易委员会

The federal agency the regulates the issuance and trading of securities in an effort to protect

investor against fraudulent or unfair practices.

security exchange act of 1934证券交易条例

The federal law regulating the public trading of securities,which provides for the registration and

supervision of securities exchanges and brokers and regulates proxy solicitations.

P:

provocation 挑衅 刺激

Something that arouses anger or animoity in another that person to respond in the heat of

passion.

primary authority 首要法源

Authority that issues directly from a law making body, legisation and the reports of litegated

cases.

persuasive authority 劝导性法源

Authority that carries some weight but is not binding on a court .

pledge 保证，抵押

A bailment or other deposit of personal property to a creditor as security for a debt or obligation.

parent corporation母公司

A corporation that has a controlling interest in another corporation usu. through ownership of

more than one-half the voting stock .

partnership合伙企业

A voluntary association of two or more persons who joinly own and carry on a business for

profit.

quantum meruit 无合同约定时的合理给付

The reasonable value of services damages awarded in an amount ,considerded reasonable to

compensate a person who has rendered services in a quasi-contractual relationship.

R:

restatement重述

One of several influential treatises, published by american law institute ,describing the law in a

given area and guiding its development.

remedy 救济

The means of enforcing a right or preventing or readdressing a wrong legal or equitable relief.

real property 不动产

Land and anything growing on ,attached to or erect on it ,excluding anything that may be

severed without injury to the land .

T:.

tort 侵权

A civil wrong for which a remedy may be obtained ,usu. in the form of damages,a breach of duty

that the law impose on everyone in the same relation to one another as those involved in a given

transaction.

tortfeasor 侵权行为者

One who commits a tort ,a wrongdoer

U:

.UCC:uniform commercial code 统一商法典

A uniform law that grovens commercial transaction ,including sales of goods ,secured

transaction ,and negotiable instrument.

uniform partnership act 统一合伙条例

A model code promulgated in 1914 to bring uniformity to state laws governing general and

limited partnerships.

warranty担保

A covenant by which the grantor in deed promises to secure to the grantee the estate conveyed in

the deed ,and pledges to compensate the grantee with other land if the grantee is evicted by

someone having better title .