| 法律英语：Understanding the U.S. Federal Courts （4） |
| 作者：佚名 文章来源：不详 点击数： 更新时间：2007-2-26 12:49:08 |
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to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
pro se
A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
prosecute
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
record
A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
remand
The act of an appellate court sending a case to a lower court for further proceedings.
reverse
The act of an appellate court setting aside the decision of a trial court. A reversal is often accompanied by a remand to the lower court for further proceedings.
sentence
The punishment ordered by a court for a defendant convicted of a crime.
sentencing guidelines
A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
service of process
The delivery of writs or summonses to the appropriate party.
settlement
Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
sequester
To separate. Sometimes juries are sequestered from outside influences during their deliberations.
statute
A law passed by a legislature.
statute of limitations
A law that sets the deadline by which parties must file suit to enforce their rights. For example, if a state has a five year statute of limitations for breaches of contract, and John breached a contract with Susan on January 1, 1995, Susan must file her lawsuit by January 1, 2000. If the deadline passes, the "statute of limitations has run" and the party may be prohibited from bringing a lawsuit; i.e. the claim is "time-barred." Sometimes a party's attempt to assert his or her rights will "toll" the statute of limitations, giving the party additional time to file suit.
subpoena
A command, issued under authority of a court or other authorized government entity, to a witness to appear and give testimony.
subpoena duces tecum
A command to a witness to appear and produce documents.
summary judgment
A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when-on the undisputed facts in the record-one party is entitled to judgment as a matter of law.
temporary restraining order
Prohibits a person from taking an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Sometimes referred to as a "T.R.O."
testimony
Evidence presented orally by witnesses during trials or before grand juries.
toll
See statute of limitations..
tort
A civil wrong or breach of a duty to another person. The "victim" of a tort may be entitled to sue for the harm suffered. Victims of crimes may also sue in tort for the wrongs done to them. Most tort cases are handled in state court, except when the tort occurs on federal property (e.g., a military base), when the government is the defendant, or when there is diversity of citizenship between the parties.
transcript
A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.
trustee
In a bankruptcy case, a person appointed to represent the interests of the bankruptcy estate 上一页 [1] [2] [3] [4] [5] [6] 下一页
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