Legal Terms
Legal is allowable or enforceable by being in conformity with the law of the land and the public policy; not condemned as illegal.
And here are the TOP 10 legal terms.
1. Suit
An action or process in a court for the recovery of a right or claim.
Пример: Lawmakers said the new bill contained modest changes that clarified that state law enforcement officials would have to use federal law as their basis of suits, one of the final sticking points for the companies.
Перевод: иск, судебный процесс.
Комментарий: Название американского юридическо-драматического сериала "Suits" очень удачно обыгрывает два значения этого слова. Герои придерживаются принципа "встречают по одежке, а провожают по уму". Они носят дорогие костюмы и мастерски выигрывают дела в суде.
2. Felony vs Misdemeanor
Felony is a serious crime. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.
Misdemeanor is a crime less serious than a felony. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.
Пример: He was convicted of a felony.
Перевод: felony - уголовное преступление, тяжкое преступление; misdemeanor - проступок, судебно наказуемый проступок.
3. Indictable vs Summary offenses
Today in England and Wales crimes are classified as indictable or summary offenses. An indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
Пример: The causing of physical or mental suffering to minors by systematic beating, with the use of torture, is an indictable offence.
Less serious crimes may be characterized as misdemeanours, summary offences, or contraventions.
Перевод: indictable offences - преступления, преследуемые по обвинительному акту; summary offences - мелкие преступления, преступления, преследуемые в порядке суммарного производства.
4. Robbery vs Burglary
These terms are often confused. Robbery is a person-on-person crime. Burglary is a property crime.
Take, for instance, the person who comes home to find that his home has been broken into while he was away and his television, stereo and other belongings have been taken. He phones the police and proclaims, “I’ve been robbed!” In fact, since he was not home and the belongings were not taken from his person or the immediate vicinity of his person, he was not robbed; rather, his home was burglarized.
The confusion is understandable, since we watch a lot of television and actors often dramatically moan, “I’ve been robbed!” Sometimes they are correct, but more often the term is used in error.
Пример: Doesn't he look like that man who's wanted for the jewel robbery?
Many people in the neighbourhood have been victims of burglary at least once.
Перевод: robbery - грабеж; burglary - кража со взломом.
5. Assault vs Battery
Other frequently confused terms are assault and battery.
A man who has just been punched by another man may scream that he’s been assaulted. In fact, the presence of actual physical contact means that he’s been battered.
If you have trouble remembering that you can think of it like this: If you are physically hit by a baseball bat, you have been battered.
Пример: She verbally assaulted one of her coworkers.
He was charged with assault and battery.
Перевод: assault - нападение; battery - избиение.
6. Cause of action
The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few. A cause of action is divided into elements, and each element must be proved to win the case.
Пример: The preliminary ruling was that they had no cause of action against the builders, in respect of defects in the works.
Перевод: основание иска.
7. Mens rea (menz ray-ah)
Latin for a "guilty mind"; mens rea is used to describe a culpable state of mind, the criminal intent of the individual when committing an criminal act.
Пример: In other words, if a particular negation existed, then of course mens rea did not exist.
Перевод: вина, преступный умысел.
8. To depose
To testify or give under oath or sworn affidavit.
Пример: I'm supposed to depose him in ten minutes.
Перевод: давать показания под присягой, свидетельствовать.
9. Сompensatory damages
Damages that are recovered for injury or economic loss. For instance, if someone is injured in a car accident and the party who injures them has to pay compensatory damages, the party at fault must cover cost of things such as the ambulance, doctors’ bills, hospital stays, medicine, physical therapy and lost wages.
Пример: Any act of sexual harassment triggers a liability to pay compensatory damages, to which criminal penalties may be added.
Перевод: компенсация ущерба.
10. Punitive damages
Damages awarded over and above compensatory damages for punishment. If the act causing the injury was committed out of negligence or malice, punitive damages serve not only as a punishment, but as an example or deterrent to others. It also helps put the injured party on a level playing field. For instance, an individual who loses a leg when hit by a drunk driver cannot be awarded a new leg, but a monetary award can help that person face the resultant obstacles.
Пример: We intend to ask for $5 million and punitive damages against the officer involved for her extreme, unreasonable, outrageous conduct.
Перевод: штрафные санкции.
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