A civil arrest warrant used to get a person physically into court to respond to a specific case or claim.
A criminal offense in which the death penalty may be imposed
A meeting scheduled by the court to review the case.
The court file containing papers submitted in a case.
45、Cause of Action——诉讼理由
The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.
The cause of action is the heart of the complaint, which is the pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset.
The cause of action is often stated in the form of a syllogism（三段论）, a form of deductive reasoning that begins with a major premise (the applicable rule of law), proceeds to a minor premise (the facts that gave rise to the claim), and ends with a conclusion. In a cause of action for battery, the rule of law is that any intentional, unpermitted act that causes a harmful or offensive touching of another is a battery.
a warning against certain acts
A photocopy of a document, judgment, or record that is signed and attested to as an accurate and a complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping.
A certified copy is admissible as evidence in a lawsuit when the original document cannot be produced because it has been lost or destroyed. This rule, which considers a certified copy to be secondary evidence unless circumstances of loss or destruction warrant its treatment as primary evidence, is known as the best evidence rule.
A room in which a judge may consult privately with attorneys or hear cases not taken into court.
Chiefly British. A suite of rooms, especially one used by lawyers.
【注】 诉讼律师和法官的办公室，称为“Chamber”。诉讼程序中有部份的聆讯是在法官的办公室中进行的，称为内庭聆讯“hearing in chambers”，内庭聆讯只准许当事人及其法律代表出席。
49、change of venue——管辖权变化、审理法院变更
In law, the word venue designates the location where a trial will be held. It derives from the Latin word for "a place where people gather."
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or defendant(s) to another community in order to obtain jurors who can be more objective in their duties. This change may be a few towns away, or across the state.
This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
To impose a burden, duty, obligation, or lien; to create a claim against property; to assess; to demand; to accuse; to instruct a jury on matters of law.
【注】 Charge可以是名词，也可以是动词，它包含了多个不同的解释：① 是提供服务的收费，例：Legal Charge（律师收费）；②是刑事控罪，例：This case has more than one charge（这案件包含多于一项的控罪）；③是借贷的抵押，例：The company charged its property for the loan（这间公司以其物业作为借款的抵押）；④是对法定债务人的物业的押记，用以偿还有关的法定债务。
All property except real property; personal property. For example: jewelry, clothing, furniture, and appliances.
A chattel is treated as personal property rather than real property regardless of whether it is movable or immovable.
52、“Chip Smith Charge”——奇普·史密斯指控判例
The "Chip Smith charge" is an instruction to deadlocked jurors, urging those jurors whose disagree with the majority vote to reexamine the majority views in an effort to reach a unanimous verdict.
"Everything old is new again." We've all heard this phrase before, and this is certainly the case with the Chip Smith charge. The charge derives from State v. Smith, 49 Conn. 376 (1881). James "Chip" Smith was a 21-year-old who was drinking, firing off his gun and causing a general disturbance of the peace one afternoon in December of 1880. His behavior forced his father out into the street and to the home of Daniel J. Hayes, the chief of police for the borough of Ansonia. The elder Mr. Smith begged Mr. Hayes to come and arrest his son. Mr. Hayes went in search of Chip, found him in a downtown street and tried to arrest him. A struggle ensued, and Chip shot Hayes in the abdomen. Hayes later died of his injuries. James "Chip" Smith was tried for and convicted of Hayes' murder. In an opinion reviewing Smith's conviction, the Connecticut Supreme Court set forth language concerning the duty of jurors when deliberating. This language became known as the Chip Smith charge, and trial courts repeatedly gave the charge to jurors when they reported that they were deadlocked.
Over the years, the Chip Smith charge became an established part of Connecticut jurisprudence. However, the instruction was often challenged as being coercive and implying that a juror in the minority should "give in" to the majority for the sake of unanimity. Recently, in State v. O'Neil, 261 Conn. 49 (2002), the instruction was challenged once again, and our old Chip Smith charge was given a new dressing.
A lawsuit other than a criminal case usually filed in a Judicial District courthouse. Includes family actions (divorces, child support, etc) and small claims cases, although these are both separately designated.
A lawsuit brought to enforce, redress, or protect rights of private litigants—the plaintiffs and the defendants— not a criminal proceeding.
Today, courts in the United States generally are not divided into common-law courts and equity courts because most states and the federal government have merged the procedures for law and equity into one system. Now all kinds of lawsuits are simply called civil actions without the former distinctions of procedure in law or in equity.
A criminal proceeding is called a penal action to distinguish it from civil actions.
To demand or assert as a right. Facts that combine to give rise to a legally enforceable right or judicial action.
民事诉讼的传票中，原告须要将其向被告申索的事由详细列明，称为Statement of Claim 或Particulars of Claim。
Laws that develop through case decisions by judges. Not enacted by legislative bodies.
common law, system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that was applied in local or manorial courts. In its early development common law was largely a product of three English courts—King's Bench, Exchequer, and the Court of Common Pleas—which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine. The term “common law” is also used to mean the traditional, precedent-based element in the law of any common-law jurisdiction, as opposed to its statutory law or legislation, and also to signify that part of the legal system that did not develop out of equity, maritime law, or other special branches of practice.
Work that convicted defendants are required to perform in order to repay the community for the harm caused to the community by the crime.
『笺』 社会服务令 (community service order)是一种代替监禁的刑罚，既有惩罚的成分，也有令其改过自新的公用。
when a criminal defendant is convicted of two or more crimes, a judge sentences him/her to a certain period of time for each crime. Then out of compassion, leniency, plea bargaining, or the fact that the several crimes are interrelated, the judge will rule that the sentences may all be served at the same time, with the longest period controlling.
A disposition, in criminal cases, where the defendant must satisfy certain court-ordered conditions instead of a prison term.
If the conditions of the discharge are met it becomes an absolute discharge.
A court may grant a conditional or absolute discharge only in offences that have a maximum penalty of less than fourteen years.
a sentence that runs before or after another
『笺』 concurrent sentence（合并判决）: a sentence that runs at the same time as another，in which the period of imprisonment equals the length of the longest sentence.
consecutive sentence（连续判决）: a sentence that runs before or after another，in which the period of imprisonment equals the sum of all the sentences.
cumulative sentence（累积判决）：the combination of two or more consecutive sentences.即将两个或两个以上的连续判决累加起来。
Something of value given by both parties to a contract that induces them to enter into theagreement to exchange mutual performances.
Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract（双务合同）—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other. In a unilateral contract（单务合同）, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance.
Consideration must have a value that can be objectively determined. A promise, for example, to make a gift, or a promise of love or affection, is not enforceable because of the subjective nature of the promise.
『笺』 英美各国法律认为，“没有对价的许诺只是一件礼物；而为对价所做出的许诺则已构成一项合同。” 所谓对价，是指根据协议已经履行或将要履行义务的当事人由此得到某种利益，或者接受义务履行的当事人为此而遭受某种损失的事实要素；它是对履行义务当事人一方的某种回报。1875年的“居里诉米沙案”判例将其定义为：“一方得到权利、利益、利润或好处，或者另一方抑制一定行为，承受损害，损失或责任。”
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