martes, 8 de marzo de 2016

Terminología Jurídica Extranjera II - Guía para el primer parcial.

UNIT 1

  1. Discovery Stage: the period before a trial when requests for documents, interviews and legal actions are made.
  2. Request for production: legal demand for the opposing party's information in a lawsuit.
  3. Opposing: being in conflict with another person, team or army.
  4. Interrogatory: set of written questions that one party in a lawsuit asks the other party before a trial.
  5. Request for admissions: asks a defendant to agree or deny certain facts that pertain to a legal case.
  6. Privileged: A conversation that is confidential and cannot be revealed at court.
  7. Physical examination: an assessment of a person's body for disease or injury.
  8. Mental examination: an assessment of a person's state of mind.
  9. Settlement: an agreement between two legal parties that is reached through negotiation, rather than by a court ruling.
  10. Subpoena: an order from the court for a witness to appear at a certain time and place and to bring all relevant documents.

UNIT 2
  1. Testimony: spoken evidence given by a witness under oath at trial.
  2. Facts: any information or event that must be proved through endure of a trial.
  3. Perjury: the crime of lying after swearing to tell the truth before a notary public or court official.
  4. Attest: something to confirm that a legal document is legit.
  5. Sworn statement: a spoken or written statement made under oath.
  6. Signature of affiant: 
    1. A person name, written in his or her own hand, particularly on legal or affinal documents.
    2. A person who signs an affidavit and swears tht the statements in it are true.
  7. Notary public: a person certified by his or her state to certify documents and administer oaths.
  8. Affidavit: written document in which the signer swears that the statements are true before an authorized person such a notary public.

UNIT 3
  1. Memorandums: is a written document summarizing the important points of a larger document or case.
  2. Heading: the part of a memo that identifies the sender, recipient and other basic information about the document.
  3. Assignment: section of a memo explaining what the document is about.
  4. State of facts: consolidates information about a case in a clear, concise way.
  5. Issues: discusses the legal matter pertaining the case.
  6. Conclusions: the final thoughts after consideration of the matters discussed.
  7. Pertinent: related to the case at hand
  8. Analysis: this part is the writer's thoughtful asessment of the facts included in the memo.
  9. Citations: refer to other document or cases.
  10. Recommendations: sugestions about the next steps to be taken.

UNIT 4
  1. Briefs: written legan document presented to a court to argue the case of one party over another.
  2. Legal briefs: is presented before a trial begins in order to state a party's position and offer reasons why the court should rule in its favor.
  3. Trial briefs: document containing a summary of a party's case, including its legan position and evidence, and issued byt attorneys during trial.
  4. Commences: to begin.
  5. Merit briefs: adresses the inherent rights and wrongs of a case without any emotional or technical biases.
  6. Unbiased: impartial and without prejudice.
  7. Merit: evaluates the factual information without emotional or contextual considerations.
  8. Dismissed: to throw the case out of court without further consideration.
  9. Amicused briefs: type of brief which is filed by people who are not directly part of the case such as groups that have an interest in the outcome.
  10. Advocacy group: it works to uphold the rights of a particular party or cause.
  11. Appelate briefs: type of brief which is filed after a trial has finished in an attempt to appeal or overun the decision of the court.

UNIT 5
  1. Motion: application in which the party issuing themotion seeks a decision, ruling or order.
  2. Motion to dismiss: asks the court to decide that an issue is not one that should be heard in court.
  3. Motion for summary judgment: asks the court to decide a case on the avaible evidences without a trial.
  4. Motion to strike: asks the court to remove all orr part of one's party's evidence on a witness testimony. 
  5. Motion to compel: asks the court to order either party in a case, or a third party to take specified action. 
  6. Motion to protect the order: asks the court to protect a party or witness from harm or harassment.
  7. Harassed: to subject him or her to continued, unwanted and annoying pestering, often including threats and demands.
  8. Movant: the party issuing the motion.
  9. Nonmovant: the party opposing the motion.
  10. Motion for change of venue: asks the court to move the trial to another location.
  11. Ruling: the judge's decision on a motion.
  12. Motion for a new trial: asks the court to set aside a ruling or jury decision becayse of an error or exclusion.

UNIT 6
  1. Tort: any wrongful act, whether intentional or accidental where injury occurs to another person or party.
  2. Injured party: the person who has been hurt through accident, negligence or other wringful acts
  3. Misconduct: 
    1. Behavior that is wrong or improper.
    2. An act of intentional wrongdoing.
  4. Civil litigation: any legal case that is not a criminal proceeding in which a plaintiff seeks to be compensated.
  5. Tort action: civil lawsuit that seeks remedy for a wrongful act.
  6. Defamation: act of making untrue and damaging statements about another person or party.
  7. Damages: the money that a party receivs for all injuries or problems relating to a lawsuit.
  8. Harm to person: pain or injury to a person's body.
  9. Harm to property: damage or destruction to a person's belongings or holdings.
  10. Injury: any harm to a person's body caused by an accident or negligence or ather wrongful acts.
  11. Intent: the wish or decision to act in particular way prior to doing so.
  12. Deliberate: the act made when someone has considered it intentionally carried out.

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