| 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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he majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.
oral argument
An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
panel
1. In appellate cases, a group of judges (usually three) assigned to decide the case;
2. In the jury selection process, the group of potential jurors;
3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
party
One of the litigants. At the trial level, the parties are typically referred to as the plaintiff and defendant. On appeal, they are known as the appellant and appellee, or, in some cases involving administrative agencies, as the petitioner and respondent.
petit jury (or trial jury)
A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons. See also jury and grand jury.
petty offense
A federal misdemeanor punishable by six months or less in prison.
plaintiff
The person who files the complaint in a civil lawsuit.
plea
In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
pleadings
Written statements filed with the court which describe a party's legal or factual assertions about the case.
precedent
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent"-meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
procedure
The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
pre-sentence report
A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
pretrial conference
A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
pretrial services
A department of the district court that conducts an investigation of a criminal defendant's background in order to help a judge decide whether to release the defendant into the community before trial.
probation
1. A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision of a probation officer, who makes certain that the defendant follows certain rules (e.g., gets a job, gets drug counseling, etc.);
2. A department of the court that prepares a pre-sentence report.
probation officer
Officers of the probation office of a court. Probation officer duties include conducting pre-sentence investigations, preparing pre-sentence reports on convicted defendants, and supervising released defendants.
pro per
A slang expression sometimes used上一页 [1] [2] [3] [4] [5] [6] 下一页
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