Contempt of court-contempt of court, contempt of court
Find someone disobeying the court order. It can also mean disturbing the court, for example, making a loud noise or being rude in court.
The judgment of contempt of court may be due to failure to obey the legal orders of the court, showing disrespect for the judge, disrupting the proceedings through bad behavior, or publishing materials that may endanger a fair trial. The judge can punish those who violate the rules of the court, such as fines or imprisonment. Generally speaking, judges in the common law system have more power to declare someone in contempt of court than judges in the civil law system.
In English law (a common law jurisdiction), the law on contempt of court is partly contained in case law and partly contained in the contempt of court law 198 1. Contempt of court may be a criminal or civil crime.
Note: Contempt of court is a serious crime and can be fined or imprisoned. The crime of contempt of court includes disobedience to court orders, violation of promises to the court, obstruction of judicial justice and other acts.
The scope of punishment for contempt of court is extremely wide: any words and deeds that do not obey or respect the court or judge and may affect the judicial operation can be convicted. The crime of contempt of court stems partly from case law and partly from the contempt of court act of 198 1
The crime of contempt of court means that the units and individuals with the burden of proof delay or refuse to submit evidence; Units and individuals responsible for testifying in court refuse to testify in court without justifiable reasons; Having the obligation to assist the court in performing its judicial duties and refusing to perform its obligation of assistance; Refusing to pay the court fine; Abuse or assault judicial staff in court; Verbal attacks and unreasonable pestering on judges; Gathering people to make trouble, storming the court and disturbing the court order, if the circumstances are serious. Joint negligence-sharing responsibility and negligence responsibility.
Joint negligence is a common law defense for tort claims or lawsuits. It applies to the case that the plaintiff or claimant caused or contributed to the infringement damage they suffered due to their own negligence. For example, a pedestrian accidentally crossed the road and was hit by an equally careless driver.
Note: The injured in the accident need to share part of the fault liability for the accident and their own injury degree, and the amount of compensation will be relatively reduced.
Its scope of application is that in this kind of civil tort, both parties should bear certain responsibilities for accidental injuries caused by their own negligence.
There are also different views on the nature of the victim's fault in the Explanation, mainly including "faithless attitude", "violation of social obligations", "failure to pay reasonable attention" and "unforeseeable". According to the theory of "faithless attitude", the victim's fault means that the victim violates the principle of honesty and credit and adopts a faithless attitude towards himself; The theory of "violating social obligations" holds that everyone has a reasonable duty of care for his own person and property, and violating this duty actually constitutes a violation of social obligations; The theory of "not taking reasonable care" holds that the victim has the obligation to keep himself in a safe state and not to put the offender in a responsible and dangerous state. If the victim violates this obligation without giving reasonable attention, it will not only put himself in an unsafe state, but also put others in a responsible unsafe state. In this case, the victim is at fault; The "unforeseeable theory" holds that the victim should foresee and can foresee the damage he may suffer.
Continuity-groove
Court cases are postponed or postponed to another day.
Note: The trial of the case should be suspended and retried on another day.
Copyright-copyright
Copyright law grants intangible rights to the author or founder of certain literary or artistic works, and for a limited period of time, this person is granted the privilege of copying these works for publication and sale.
Note: Copyright refers to the exclusive right of the author to publish, reprint and copy his works. After the work is completed, the copyright is automatically generated and protected by law, without any registration procedures, but only the original work can have the copyright.
The first copyright law in the United States was 1790, which guaranteed the author's exclusive right to publish "maps, charts and books" in 14. The current copyright law in the United States was revised on 1976 and came into effect on 1 June+10/October/October/July. Although American copyright law is a domestic law, it protects the copyright of foreign authors under certain circumstances. That is, regardless of the author's nationality, as long as his works are published in the United States for the first time after 1978 65438+ 10/,American copyright law gives certain protection to his rights. If the works of foreign authors are published before 1978, they must be citizens of the countries concerned that have signed copyright conventions with the United States or have their domicile in the United States. With regard to copyright infringement, American copyright law only protects infringement in the United States. Generally speaking, when copyright infringement occurs outside the United States, American copyright law does not provide protection for copyright owners.
Counterclaim-counterclaim, counterclaim and counterclaim
The request made by the defendant in the civil action, that is, the defendant has the right to get damages or other relief from the plaintiff.
Note that in civil litigation, the defendant may file a counterclaim against the plaintiff, such as claiming compensation.
Counterclaim refers to the request made by the defendant to the court to protect his civil rights and legitimate interests related to this lawsuit according to the procedure and method of prosecution, taking the plaintiff of this lawsuit as the defendant in the civil litigation procedure that has already started. The lawsuit filed by the plaintiff is called this lawsuit (or original lawsuit), and the lawsuit filed by the defendant is called counterclaim.
Counterclaim is different from rebuttal. Refutation means that the defendant refutes or denies the plaintiff's claim by presenting various facts and reasons that are beneficial to him in order to safeguard his legitimate rights and interests. According to the different facts and reasons put forward by the defendant, the defendant's rebuttal can be divided into procedural rebuttal and substantive rebuttal.
Court-appointed lawyers:-Court-appointed lawyers and court-appointed defense lawyers.
A lawyer who is required by the court (judge) to represent a party to a case or to serve in other capacities required by the case.
Note: The court-appointed lawyer refers to the lawyer appointed by the court to represent the parties to the case.
The Sixth Amendment of the American Constitution stipulates that the defendant has the right to get the help of a lawyer to defend himself. In judicial practice, this guarantee is understood as that the defendant can be represented by his lawyer at every important stage of criminal proceedings. Its purpose is to effectively protect the legitimate rights and interests of criminal defendants at all stages of criminal proceedings from infringement and effectively ensure the fair trial of the court. If the defendant has no money to hire a lawyer because of poverty, the court is obliged to appoint a lawyer for him, and the expenses will be paid by the government.
Court interpreter
Someone who translates court hearings from English into another language. If required, it will be provided at the expense of the state in all criminal cases and cases of enforcing child support orders. There is no translation for divorce or any other civil cases.
Note: A court interpreter is a person who translates the contents of a court trial into other languages. Court trial interpretation mainly occurs in criminal cases and juvenile cases, and civil cases such as divorce have no right to ask for court trial interpretation.
The earliest recorded court interpretation of "sword" can be traced back to1colonial period in South Africa in the 7th century (Moeketsi,1999; Mikkelsen, 2000). Colin Morris (1996) recorded in detail 1682 and 1820 trials with interpreters in Britain (quoted from mikkelsen, 2000). The trial of 1682 involved a murder case, and the litigants had different language backgrounds. At that time, when the court decided which party had the right to enjoy the court interpretation service, it was not based on the language needs of all parties, but on the class, that is, the English-speaking nobles had the right to enjoy the interpretation service. 1820 tried an adultery case of Queen Caroline. The court interpretation in this case not only translated the language content of witness testimony, but also explained the cultural differences (Mikkelson, 2000).
In 1978, the federal court of the United States promulgated the 1978 Court Interpreter Act, which requires court interpreters to translate the source language information completely, accurately and word by word, and not to modify or omit the source language information, nor to change the style and register of the source language. This bill provides a basis for the federal district court to use trial interpretation services in civil and criminal proceedings for plaintiffs in the United States, and also provides a basis for issuing a certificate of trial interpretation, which marks the recognition of the highly professional profession of trial interpretation by the US Congress. Since then, court interpretation has become an independent profession, providing language services for people with poor English. The law specifies two types of customers: customers who can only speak or mainly speak languages other than English, and customers with hearing impairment.
Cross-examination-interactive examination
Questions from lawyers or witnesses of one party or the other party.
To ask thoroughly and mercilessly to verify the facts: interrogate. Informal barbecue. Idiom: interrogate someone for the third time.
Pay attention to the so-called cross-examination. According to the trial system of Anglo-American legal system, both the prosecution and the defense can ask the court to summon witnesses to testify in court. In court, the witness is first questioned by the party requesting the witness, and then by the other party, that is, the prosecution interrogates the defendant witness or the defendant interrogates the prosecution witness, that is, both parties cross-examine the witness.
Supervision-supervision, guardianship, detention
A court order that determines where and how a child will live. Parents can ask for any guardianship arrangement that they think is best for their children.
Note Generally speaking, the term custody refers to the custody or possession of the object, while in criminal cases, it refers to the custody of the defendant. Child custody refers to the custody of minor children.
damages
Compensation received by one party due to legal error.
Note The so-called damages refer to a sum of money received by one party for infringement. For example, the court awarded the victims of industrial accidents a thousand dollars in damages. )
Punitive damages generally refer to the compensation made by the court that exceeds the actual damage, so it is also called punitive damages or punitive damages. In the Oxford Law Dictionary, retaliatory damages, punitive damages and judicial damages are synonyms and a term. Sometimes, it is used to refer to damages awarded, which is not only compensation for the plaintiff, but also punishment for the intentional injurer.
There are also words such as collateral damage and special damage.
Date rape-date rape, date rape.
In voluntary social interaction, female male acquaintances forcibly have sexual relations with women. In this process, women are unwilling to accept sexual demands and resist this behavior by verbally refusing, denying or requesting to stop and/or physically resisting. Although a decision in Pennsylvania ruled that there must be some actual physical resistance, the fact that the parties know each other or the woman voluntarily accompanies the man cannot be a legal defense to rape charges.
Note that if forced sexual intercourse occurs on a date, it is called "date rape", which is as evil as rape committed by strangers. Date rape is a kind of acquaintance rape, which is more serious than sexual harassment, but different from rape.
Court day-court day
If he/she thinks that he/she has grievances that can be solved in court, everyone has the opportunity to file a lawsuit or use the court system. Example: "John finally got a chance to protest his speeding ticket in court."
Write down the date when someone appeared in court to complain or defend.
Debtor-debtor
People who owe debts or perform obligations to others are called creditors; People who may be forced to pay claims or demands; Anyone responsible for the claim, whether it is due or about to expire.
The debtor of the bill (the debtor) is the party obligated to undertake certain actions or omissions to the other party (the creditor) according to the agreed conditions. In the relationship of debt, the debtor is specific, and only the debtor must bear the obligation to deliver property, provide services and implement or not implement certain actions to creditors. The debtor can be a citizen or a legal person, and the state as a civil subject can also be qualified as a debtor.
Statutes-court judgments and orders
The court announces the legal consequences of the facts of the case and orders the execution of the judgment of the court.
Laws are sometimes used interchangeably with resolutions and orders.
Note: Decisions, judgments, decrees and rulings made by the court on the facts stated in the case. Laws (court decisions) can sometimes be replaced by resolutions and orders.
The decree made by the court after hearing can be divided into temporary decree and permanent decree, which are common in divorce application procedures. Generally speaking, after the court issues a provisional decree, it will issue a permanent decree after a specified period of time unless it receives an objection.
Contract contract
A signed and delivered written document by which one person (the grantor) transfers the ownership of real estate to another person (the transferee); Transfer of land, house or inheritance from one person to another.
In common law, deed is a sealed document, which contains a contract or contract delivered by an individual, and the person bound by the contract will be bound by the contract. This instrument no longer needs to be sealed.
Note: The contract is a special kind of contract, and it is valid only after it is signed and sealed and sent to the other party. The seal on the contract is considered as a valid consideration in law. It generally refers to the transfer of land, houses and inheritable property.
In fact-in fact-and actually
The Latin word "in fact" is often used instead of "actual", which means that even if the legal requirements are not met, the court will regard the exercise of power or the behavior of the entity as a fact as if it had power.
Pay attention to factual (factual, practical), which is Latin, meaning "although legally untenable, it is actually recognized by people." For example: de facto segregation (de facto apartheid); The de facto government; Fact standard (entity standard).
Another example is Facto Corporation: underground factory, also known as "Corporation Facto", which refers to a company or factory that starts business or production without a legal license issued by the government. A company or factory. Although the company or factory is not legally registered, its legal actions are not invalid. For example, after the person in charge signs a contract with others, the company or factory may not refuse to perform the contract without the permission of the government.
"Jane" de facto marriage, relative to legal marriage, refers to the combination of men and women who meet the essential requirements of legal marriage and live together openly for a long time in the name of husband and wife without marriage registration. The laws of Britain, Germany, the United States, Japan and other countries all recognize de facto marriage, and the attitude of our legislation towards de facto marriage has gone through three stages: recognition-non-recognition-recognition.
Misappropriation of public funds-corruption, misappropriation, misappropriation.
Derived from Latin, it means to "deduct", detain or misappropriate funds held by others, especially government officials, or fail to conduct proper accounting.
Note Defalcation (embezzlement/misappropriation/misappropriation of public funds) comes from Latin, which means "deduction, deduction". This term refers to withholding or misappropriating public funds by making false accounts.
Defamation-slander
Make a statement that damages someone's reputation. Defamation and slander are slander.
Pay attention to libel, that is, acts that illegally damage the reputation of others, oral libel and written libel can all constitute reasons for civil claims or criminal offences.
According to the general interpretation, libel refers to malicious comments. However, from the legal point of view, countries have different interpretations of the constitution of libel. For example, in Britain, libel is defined as "remarks that can disgust, ridicule or despise citizens" and "remarks that make citizens lower their evaluation of him among people with normal thinking". In the United States, there are many representative definitions of libel. The definition of libel by the Supreme Court of the United States is: "Defamation is an injury to dignity. If there are no other normal reasons, it is harmful to a person's record. This record is false or true to others, but the victim himself is not. He should also bear the general illegal responsibility. " Article 1340 of the Criminal Law of the State of New York stipulates: "Malicious publication of words, printed matter, pictures, portraits, signs or other non-verbal items, which makes the memory of the living or the dead hate, despise, ridicule or accuse, isolates others or tends to be isolated, or tends to damage the reputation of others or any company or society in experience or occupation, is libel."
Although the laws of western countries such as Britain and the United States have different interpretations of "libel", they basically do not exceed the definition in Restatement of Infringement compiled by american law institute: "Spreading certain information tends to damage the reputation of others, thus reducing the social respect for him or preventing a third person from having sex with him, which is a libel crime." (See American Law Institute, Restatement of Torts, 2nd Edition. Philadelphia: American Law Institute, 1975)
Breach of contract-failure to perform responsibilities/obligations, breach of contract, breach of contract and absence from work.
Failure to fulfill legal obligations, such as failure to repay loans on time.
Failure to appear in court as required.
Note Breach of contract means failure to perform legal obligations.
In addition, the word also refers to not appearing in court at trial. Such as default judgment.
Defense/defense-defense, defense, defense
1) In criminal cases, lawyers representing defendants try to frustrate the prosecution or plaintiff during and before the trial.
2) The response to the complaint, called active defense, aims to refute, defeat or eliminate all or part of the plaintiff's claims.
Note: In criminal or civil cases, the defendant denies relevant allegations or claims, and at the same time puts forward supporting facts against him.
In litigation, the attitudes of the parties to the facts claimed by the plaintiff are as follows: stating (not denying the facts), not knowing or remembering the facts, admitting the facts (admitting or admitting first), and not making any statements (not arguing). For admission, it is often accompanied by a statement and other facts or rights to oppose the plaintiff's request, which is a defense. Therefore, in civil litigation, the so-called defense is a way of defense against the right of claim, which refers to the behavior of the parties to exclude the facts claimed by the other party by claiming different facts or legal relations with the other party.