Evidence suggesting that an accused did not commit the crime. You will need to use your knowledge of legal English to fill in the missing words and complete the sentences. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. Degree of proof required. In criminal cases, prosecutors must prove the guilt of an accused “beyond a reasonable doubt.” The majority of civil lawsuits require evidence “by a preponderance of evidence” (more than 50%), but in some, the standard is higher and requires “clear and convincing” evidence. In criminal law, the constitutional guarantee guarantee guarantees that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens freedom or property. With regard to civil actions in “justice” and not in “law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important.
For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” What does the defendant mean? In court proceedings, the defendant is the party against whom charges are laid. Defendant is a singular noun; its plural is accused. FluentU is the best tool for listening to legal English (and many other types of English) in real and native contexts. Sitting or standing in the courtroom and talking to the judge about the crime. Witnesses and defendants can “take a stand.” Here are some of the most common and useful English legal words and phrases you should know! The defendant may also be an adjective if it means to protect oneself, but this usage is not limited to legal contexts. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. ACCUSED. A party who is sued for a personal act. Empty Asking; parties to proceedings; Pursuer; and Com. Dig. Discount, F; take action in the case on the assumption that E, b; Bouv.
Index inst., h.t. 2. At common law, a defendant cannot have a judgment to recover money from the plaintiff. But this rule is modified in some cases by the Act of Assembly in Pennsylvania, as by the. Law of 1705 for falsification, with which he had a sci. Fac. in the basis of a verdict for a sum judged in his favor. 6 bins. Rep. 175. See Account 6.
These words and phrases are a good start to improving and building your legal vocabulary in English! Take the time to familiarize yourself with these words and practice them and you will feel more confident speaking the English legal language. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was tried incorrectly or that it differed significantly from the current case in some way. Of course, if you plan to study or work in law abroad or if you intend to practice international law, it is very important to have a command of legal English. You will need it during meetings, hearings and in the courtroom. A judgment granting a plaintiff the remedy requested in the complaint because the defendant did not appear in court or did not respond to the complaint. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). O.J.
Simpson, Lizzie Borden and Casey Anthony are famous defendants who have been acquitted of murder charges in their trials. For example, you`ll hear a lot of legal terminology in this report about the trial of the former Uber CEO, or in this light video about the craziest laws in the United States. You can check out the full library of all learning features for free with a FluentU trial. Government agency empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Hopefully, you won`t find yourself on the wrong side of the law in an English-speaking country, but if you do, it would also be helpful to know a bit of English legal vocabulary. Even for something as simple as a speeding ticket, legal English can be crucial to understanding your responsibilities and consequences. Most accused persons are accused persons: either natural persons (real persons) or legal persons (persona fiction) under the legal fiction of treating organizations as persons. But a defendant can be an object, in which case the object itself is the direct object of the action. If a court has jurisdiction over an object, it is designated as having substantive jurisdiction. An example of a real-life case is United States v. Forty barrels and twenty barrels of Coca-Cola (1916), the defendant not being the Coca-Cola Company itself, but “Forty barrels and twenty barrels of Coca-Cola”.
In current U.S. legal practice, litigation is primarily cases of asset forfeiture based on drug laws, as in the U.S. of $124,700 (2006). The book focuses on legal concepts, legal practice and laws in general. The book includes listening and speaking activities, as well as exercises that allow you to practice what you know. Initiate legal proceedings against someone in order to obtain compensation or payment for damages or misconduct. In this article, you will learn more than 60 of the most important English legal vocabulary for courts and crimes, property rights and contracts. If more than one person is charged, individuals may be called “co-defendants” or “co-conspirators” in uk and common law courts. Illegal conduct that is not considered extremely serious.
As a rule, a fine is imposed on the culprit. The word defendant was first mentioned in English in the 14th century. It is related to the word defend – defendants must defend themselves (or be defended) against allegations of misconduct. Defend has been used since Middle English borrowed it from Latin via French. As provided for in the Criminal Justice Act, an organization established in a federal judicial district to represent defendants who cannot afford an adequate defense. Each organization is overseen by a federal defense attorney appointed by the District Court of Appeals. It is difficult to escape legal language (legal language) in business and in life. A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. As long as you can remember the origin of these legal words, you should always be able to remember what they mean.
This book focuses on American legal English. It is written specifically for non-native speakers to help them understand and use legal English. In this article, we will specifically address two words that are used almost exclusively in the legal context: plaintiff and defendant. If a person is sued by his neighbor for trespassing, he is the defendant in a civil suit. The person accused of murder by the state in a murder case is the accused in a crime. It took only an hour for the jury to convict the accused. In legal proceedings, a defendant is a person or object who is either accused of having committed a crime or against whom a civil remedy is sought in a civil case. Doctrine that evidence obtained in violation of a defendant`s constitutional or legal rights is not admissible at trial. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. To practice legal English, which is specific to crime and the courtroom, this exercise will give you good exercises. A formal accusation by a government lawyer that the accused committed a misdemeanor.
See also Indictment. (1) the party has brought a civil action or the party accused of a criminal offence in the course of a criminal proceeding. In some types of cases (e.g., divorce), a defendant may be called a defendant.