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الموضوع: معجم المصطلحات القانونية باللغة الإنجليزية

  1. #11
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
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    افتراضي

    hearing to determine if a defendant is sufficiently sane to understand the nature of a trial and participate in his/her own defense. If found to be insane, the defendant will be ordered to a mental facility, and the trial will be held only if sanity returns. Sex offenders may be found to be sane for all purposes except the compulsive dangerous and/or antisocial behavior. They are usually sentenced to special facilities for sex offenders, supposedly with counseling available. However, there are often maximum terms related to the type of crime, so that parole and release may occur with no proof of cure of the compulsive desire to commit sex crimes


    insanity defenseالدفاع بحجة الجنون
    n. the claim of a defendant in a criminal prosecution that he/she was insane when the crime was committed, usually only temporarily



    insolvency الإفلاس, العجز عن سداد الدين
    n. 1) the condition of having more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold. 2) a determination by a bankruptcy court that a person or business cannot raise the funds to pay all of his/her debts. The court will then "discharge" (forgive) some or all of the debts, leaving those creditors holding the bag and not getting what is owed them. The supposedly insolvent individual debtor, even though found to be bankrupt, is allowed certain exemptions, which permit him/her to retain a car, business equipment, personal property and often a home as long as he/she continues to make payments on a loan secured by the property.


    instructionالتعليمات التى يعطيها القاضى لهيئة المحلفين قبل سماع الأدلة.
    n. an explanation of the law governing a case which the judge gives orally to the jury after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations.


    insufficient evidence دليل غير كاف للإدانة
    n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence. Insufficient evidence usually results in dismissal of the case after the prosecution or the plaintiff has completed his/her introduction of evidence or, if on appeal, reversal of the judgment by the trial court.












    intent العزم أو النية
    n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime.


    inter alia ضمن أمور أخرى ( لاتينية)
    (in-tur eh-lee-ah) prep. Latin for "among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed."


    interest فوائد البنوك, أو أى حقوق على عقار
    n. 1) any and all, partial or total right to property or for the use of property, including an easement to pass over a neighboring parcel of land, the right to drill for oil, a possibility of acquiring title upon the happening of some event, or outright title. While most often referring to real property, one may have an interest in a business, a bank account or any article. 2) the financial amount (money) paid by someone else for the use of a person's money, as on a loan or debt, on a savings account in a bank, on a certificate of deposit, promissory note or the amount due on a judgment. Interest is usually stated in writing at the time the money is loaned. There are variable rates of interest, particularly on savings accounts which depend on funding from the Federal Reserve or other banks and are controlled by the prevailing interest rates on those funds. Maximum interest rates on loans made by individuals are controlled by statute. To charge more than that rate is usury, the penalty for which may be the inability of a creditor to collect through the courts. The interest rates demanded by lending institutions are not so restricted. The maximum legal interest often granted by the courts on judgments is set by the law of the state. Simple interest is the annual rate charged for a loan, and compound interest includes interest upon interest during the year. 3) one's involvement in business, activities or with an individual which is sufficient to create doubt about a witness being objective-damaging his/her credibility. 4) one's involvement in business, activities or with an individual which is sufficient connection to give a person "standing" (the right based on interest in the outcome of the lawsuit or petition) to bring a lawsuit on a particular matter or act on behalf of other people.


    interim orderأمر قضائى مؤقت
    n. a temporary order of the court pending a hearing, trial, a final order or while awaiting an act by one of the parties.



    interlocutory decree حكم مؤقت أثناء نظر قضية, حكم غير نهائى
    n. a court judgment which is temporary and not intended to be final until either a) other matters come before the judge, or b) there is a specified passage of time to determine if the interlocutory decree (judgment) is "working" (becomes accepted by both parties) and should become final. Interlocutory decrees were most commonly used in divorce actions, in which the terms of the divorce were stated in an interlocutory decree, which would be in force until a final decree could be granted after a period of time (such as one year after serving the divorce petition). The theory was that this would provide for a period in which reconciliation might be possible and would also test the efficacy of the original order which might be changed upon a motion of either party. Interlocutory decrees of divorce have been abandoned as a procedure in most states, because they seldom had the desired effect and appeared to waste the parties' time.


    interrogation إستجواب متهم
    n. questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested (is a "prime" suspect), he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.


    interrogatories أسئلة مكتوبة يوجهها الدفاع أو الإدعاء للطرف الآخر , و يتطلب ردا
    n. a set of written questions to a party to a lawsuit asked by the opposing party as part of the pre-trial discovery process. These questions must be answered in writing under oath or under penalty of perjury within a specified time (such as 30 days). Several states ask basic "form" interrogatories on a printed form, with an allowance for "supplemental" interrogatories specifically relevant to the lawsuit. Normal practice is for the lawyers to prepare the questions and for the answering party to have help from his/her/its attorney in understanding the meaning (sometimes hidden) of the questions and to avoid wording in his/her answers which could be interpreted against the party answering. Objections as to relevancy or clarity may be raised either at the time the interrogatories are answered or when they are used in trial. Most states limit the number of interrogatories that may be asked without the court's permission to keep the questions from being a means of oppression rather than a source of information. While useful in getting basic information, they are much easier to ask than answer and are often intentionally burdensome. In addition the parties may request depositions (pre-trial questioning in front of a court reporter) or send "requests for admissions" which must be answered in writing.


    intervention التدخل فى قضية مرفوعة كطرف جديد
    n. the procedure under which a third party may join an on-going lawsuit, providing the facts and the law issues apply to the intervenor as much as to one of the existing contestants. The determination to allow intervention is made by a judge after a petition to intervene and a hearing on the issue. Intervention must take place fairly early in the lawsuit, shortly after a complaint and answer have been filed and not just before trial since that could prejudice one or both parties who have prepared for trial on the basis of the original litigants. Intervention is not to be confused with joinder, which involves requiring all parties who have similar claims to join in the same lawsuit to prevent needless repetitious trials based on the same facts and legal questions, called multiplicity of actions.


    intestate الوفاة بدون ترك وصية
    adj. referring to a situation where a person dies without leaving a valid will. This usually is voiced as "he died intestate," "intestate estate," or "intestate succession."


    intoxication حالة السكر البين, أو الغياب عن الإدراك بسبب تعاطى المخدرات
    n. 1) the condition of being drunk as the result of drinking alcoholic beverages and/or use of narcotics. In the eyes of the law this definition may differ depending on the situation to which it is applied. 2) as it applies to drunk driving (DUI, DWI) the standard of intoxication varies by state between .08 and .10 alcohol in the bloodstream, or a combination of alcohol and narcotics which would produce the same effect even though the amount of alcohol is below the minimum. 3) as it applies to public drunkenness the standard is subjective, meaning the person must be unable to care for himself, be dangerous to himself or others, be causing a disturbance or refuse to leave or move along when requested. 4) a defense in a criminal case in which the claim is made by the defendant that he/she was too intoxicated to form an intent to commit the crime or to know what he/she was doing, where the amount of intoxication is subjective but higher than for drunk driving. There is also the question if the intoxication was an intentional aforethought to the crime ("I wanted to get drunk so I had the nerve to kill her"). Unintentional intoxication can show lack of capacity to form an intent and thus reduce the possible level of conviction and punishment, as from voluntary (intentional) manslaughter down to involuntary (unintentional but through a wrongful act) manslaughter. However, in vehicular manslaughter, the intoxication is an element in the crime, whether getting drunk was intentional or not, since criminal intent was not a factor.


    invasion of privacyإنتهاك الخصوصية
    n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. However, public personages are not protected in most situations, since they have placed themselves already within the public eye, and their activities (even personal and sometimes intimate) are considered newsworthy, i.e. of legitimate public interest. However, an otherwise non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage. Lawsuits have arisen from magazine articles on obscure geniuses, use of a wife's name on a hospital insurance form to obtain insurance payment for delivery of a mistress's baby, unauthorized use of a girl's photo to advertise a photographer, and "tabloid" journalism treatment of people as freaks. There are also numerous instances of governmental invasion of privacy such as the Federal Bureau of Investigation compiling files on people considered as political opponents, partially corrected by the passage of the Freedom of Information Act in 1966. The right to privacy originated with an article in the Harvard Law Review in the 1890s written by lawyers "Bull" Warren and future Supreme Court Justice Louis D. Brandeis.


    involuntaryغير اختيارى ,غير إرادى,
    adj. or adv. without intent, will or choice. Participation in a crime is involuntary if forced by immediate threat to life or health of oneself or one's loved ones and will result in dismissal or acquittal.


    ipso facto الأحداث تتكلم ( لاتينية)
    (ip-soh fact-toe)prep. Latin for "by the fact itself." An expression more popular with comedians imitating lawyers than with lawyers themselves. A simple example: "a blind person, ipso facto, is not entitled to a driver's license."


    irrelevant غير عقلانى, ليس له صلة
    adj. not important, pertinent, or germane to the matter at hand or to any issue before the court. This is the most common objection raised by attorneys to questions asked or to answers given during testimony in a trial. The objection is made as soon as an alert attorney believes the opposition is going into matters which are not concerned with the facts or outside the issues of the lawsuit. It is often stated in the trio: "Irrelevant, immaterial and incompetent" to cover the bases. The judge must then rule on the relevancy of the question. If the question has been answered before the lawyer could say "objection," the judge may order that answer stricken from the record. Blotting it from a jury's memory or conscience, though, is impossible.


    irreparable damage or injuryإصابة أو تلف لا علاج لها, أو لا يمكن إصلاحها,
    n. the type of harm which no monetary compensation can cure or put conditions back the way they were, such as cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, or a host of other actions or omissions. The phrase must be used to claim that a judge should order an injunction, writ, temporary restraining order or other judicial assistance, generally known as equitable relief. Such relief is a court order of positive action, such as prohibiting pollution or requiring the shoring up of a defective wall.


    issue الأصل فى هذه الكلمة يختلف عن الإستعمال القانونى, فحرفيا, تعنى " الموضوع", و لكن يقصد بها الفروع من الأصل, أى الأبناء و الأحفاد
    1) n. a person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline. Occasionally, there is a problem in determining whether a writer of a will or deed meant issue to include descendants beyond his or her immediate children. While a child or children are alive, issue refers only to them, but if they are deceased then it will apply to the next living generation unless there is language in the document which shows it specifically does not apply to them. 2) n. any matter of dispute in a legal controversy or lawsuit, very commonly used in such phrases as "the legal issues are," "the factual issues are," "this is an issue which the judge must decide," or "please, counsel, let us know what issues you have agreed upon." 3) v. to send out, promulgate, publish or make the original distribution, such as a corporation selling and distributing shares of stock to its initial investors. 4) n. the shares of stock or bonds of a corporation which have been sold and distributed.
    الساكت عن الحق شيطان أخرس,

    مع تحيات ياسر عبد المجيد

  2. #12
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
    رقم العضوية : 6695
    تاريخ التسجيل : Oct 2008
    المشاركات : 1,896

    افتراضي

    jaywalkingعبور الطريق من غير مكان العبور
    n. walking across a street outside of marked cross-walks, and not at a corner, and/or against a signal light. If there is vehicle traffic or clear markings of a place to cross, this is a traffic misdemeanor subject to fine, and may be (but not conclusively) contributory negligence in the event of injury to the jaywalker by a vehicle.


    jeopardy خطر أو مخاطرة على الجسم أو على الحقوق
    n. peril, particularly danger of being charged with or convicted of a particular crime. The U.S. Constitution guarantees in the Fifth Amendment that no one can "be twice put in jeopardy of life or limb" for the same offense. Thus, once a person has been acquitted, he/she may not be charged again for that crime. However, if there was a mistrial, hung jury or reversal of conviction on appeal (but the defendant was not declared innocent in the ruling), the defendant may be charged with the crime again and tried again. In a few situations, a defendant is not in double jeopardy when being tried for a violation of a similar (but different) federal criminal (penal) statute based on some of the same circumstances as a state prosecution, such as violation of a murder victim's civil rights, as was done in the case against the killer of civil rights leader Medgar Evers.


    joinderالجمع بين عدد من المدعين, أو المدعى علايهم فى قضية أحدايها مشتركة
    n. the joining together of several lawsuits or several parties all in one lawsuit, provided that the legal issues and the factual situation are the same for all plaintiffs and defendants. Joinder requires a) that one of the parties to one of the lawsuits make a motion to join the suits and the parties in a single case; b) notice must be made to all parties; c) there must be a hearing before a judge to show why joinder will not cause prejudice (hurt) to any of the parties to the existing lawsuits; and d) an order of the judge permitting joinder. Joinder may be mandatory if a person necessary to a fair result was not included in the original lawsuit, or it may be permissive if joining the cases together is only a matter of convenience or economy.


    joint لها عدة معانى, فبالعامية , هى سيجارة مخدرات, و لكن لها عدة معان أخرى مثل مشترك, مسكن,
    adj., adv. referring to property, rights or obligations which are united, undivided and shared by two or more persons or entities. Thus, a joint property held by both cannot be effectively transferred unless all owners join in the transaction. If a creditor sues to collect a joint debt, he/she must include all the debtors in the lawsuit, unless the debt is specifically "joint and several," meaning any one of the debtors may be individually liable. Therefore, care must be taken in drafting deeds, sales agreements, promissory notes, joint venture agreements and other documents. A joint tenancy is treated specially, since it includes the right of the survivor to get the entire property when the other dies (right of survivorship).


    joint custodyاحضانة الطفل المشتركة
    n. in divorce actions, a decision by the court (often upon agreement of the parents) that the parents will share custody of a child. There are two types of custody, physical and legal. Joint physical custody (instead of one parent having custody with the other having visitation), does not mean exact division of time with each parent, but can be based on reasonable time with each parent either specifically spelled out (certain days, weeks, holidays, alternative periods) or based on stated guidelines and shared payment of costs of raising the child. Joint legal custody means that both parents can make decisions for the child, including medical treatment, but where possible they should consult the other. Upon the death or disability of either parent, legal custody will go to the remaining parent and will give the active parent the sole ability to act as parent for the child without further order of the court. The primary affect of this is a psychological benefit for the parent and the child, so that a child can be told that both parents cared for the child, even though the child had to live most of the time with one of them.


    joint enterpriseشركاء فى الأعمال أو المشاريع
    n. a generic term for an activity of two or more people, usually (but not necessarily) for profit, which may include partnership, joint venture or any business in which more than one person invests, works, has equal management control and/or is otherwise involved for an agreed upon goal or purpose. One significant factor is that if a court finds that two or more people are involved in a joint enterprise and there is negligent damage to an outside party by any one of the enterprisers, or breach of a contract made by the joint enterprise, each of those who are part of the enterprise will be liable for all the damages to the party. However, not all joint enterprises are partnerships or joint ventures, although the terms are often used improperly as if they were synonymous.


    joint liabilityالمسئولية المشتركة
    n. when two or more persons are both responsible for a debt, claim or judgment. It can be important to the person making the claim, as well as to a person who is sued, who can demand that anyone with joint liability for the alleged debt or claim for damages be joined in (brought into) the lawsuit.


    joint tenancyالملكية المشتركة لعقار
    n. a crucial relationship in the ownership of real property, which provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship, which means that upon the death of one joint tenant, the other has title to it all. Procedurally, on the death of one joint tenant, title in the survivor is completed by recording an "affidavit of death of joint tenant," describing the property and the deceased tenant, with a death certificate attached, all of which is sworn to by the surviving joint tenant. This process avoids probate of the property, but may have some tax consequences which should be explored with an accountant at the time of recording the original deed. If the owners do not want full title to the property to pass to the survivor, then joint tenancy should not be used. Joint tenancy (as well as any other common ownership) between a parent and a minor child should be avoided since the property cannot be transferred in the future without the parent becoming appointed a guardian of the child's estate by court order, and the property and the proceeds therefrom will be under court control until the child is 18. In community property states, some courts have found that joint tenancy presumes that the property is not community property (which could result in loss of estate tax limitation on the death of the first spouse to die), but proof of community interests can be established. A bank account held in joint tenancy also presumes a right of survivorship, but this presumption can be overcome by evidence that the account was really the property of only one, and the joint tenancy was for convenience.


    joint ventureنشاط تجارى مشترك
    n. an enterprise entered into by two or more people for profit, for a limited purpose, such as purchase, improvement and sale or leasing of real estate. A joint venture has most of the elements of a partnership, such as shared management, the power of each venturer to bind the others in the business, division of profits and joint responsibility for losses. However, unlike a partnership, a joint venture anticipates a specific area of activity and/or period of operation, so after the purpose is completed, bills are paid, profits (or losses) are divided, and the joint venture is terminated.


    judgeالقاضى
    1) n. an official with the authority and responsibility to preside in a court, try lawsuits and make legal rulings. Judges are almost always attorneys. In some states, "justices of the peace" may need only to pass a test, and federal and state "administrative law judges" are often lawyer or non-lawyer hearing officers specializing in the subject matter upon which they are asked to rule. The word "court" often refers to the judge, as in the phrase "the court found the defendant at fault," or "may it please the court," when addressing the judge. The word "bench" also refers to the judge or judges in general. Judges on appeals courts are usually called "justices." Judges of courts established by a state at the county, district, city or township level, gain office by election, by appointment by the Governor or by some judicial selection process in case of a vacancy. Federal judges are appointed for life by the President of the United States with confirmation by the U.S. Senate. A senator of the same party as the President has considerable clout in recommending Federal judges from his/her home state. 2) v. to rule on a legal matter, including determining the result in a trial if there is no jury.


    judge advocate generalنائب أحكام عسكري, يقوم بالدفاع أو الإتهام فى القضايا العسكرية
    (J.A.G.) n. a military officer who advises the government on courts-martial and administers the conduct of courts-martial. The officers who are judge advocates and counsel assigned to the accused come from the office of the judge advocate general or are appointed by it to work on certain courts-martial.


    judgmentالحكم النهائى
    n. the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment, except for an "interlocutory judgment," which is tentative until a final judgment is made. The word "decree" is sometimes used as synonymous with judgment.


    judgment notwithstanding the verdictالحكم على خلاف ما قرره المحلفون
    (N.O.V.) n. reversal of a jury's verdict by the trial judge when the judge believes there was no factual basis for the verdict or it was contrary to law. The judge will then enter a different verdict as "a matter of law." Essentially the judge should have required a "directed verdict" (instruction to the jury to return with a particular verdict since the facts allowed no other conclusion), and when the jury "went wrong," the judge uses the power to reverse the verdict instead of approving it, to prevent injustice. This process is commonly called "judgment N.O.V." or simply "N.O.V.," for Latin non obstante veredicto.


    judicialقضائى
    adj., adv. 1) referring to a judge, court or the court system. 2) fair.


    judicial discretionسلطة القاضى التقديرية,
    n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. On appeal a higher court will usually accept and confirm decisions of trial judges when exercising permitted discretion, unless capricious, showing a pattern of bias, or exercising discretion beyond his/her authority.


    judicial notice تقبل القاضى لبعص الأمور المعروفة عامة, أو من مصدر مأمون
    n. the authority of a judge to accept as facts certain matters which are of common knowledge from sources which guarantee accuracy or are a matter of official record, without the need for evidence establishing the fact. Examples of matters given judicial notice are public and court records, tides, times of sunset and sunrise, government rainfall and temperature records, known historic events or the fact that ice melts in the sun.


    judicial proceedings الإجراءات القضائية فى المحكمة
    n. any action by a judge re: trials, hearings, petitions or other matters formally before the court.


    jump bailهروب أو اختفاء المتهم بعد الإفراج عنه بكفالة
    v. to fail to appear for a court appearance after depositing (posting) bail with the intention of avoiding prosecution, sentencing or going to jail. Posting bail guarantees that the accused person will give up the money if he/she does not show up in court. It allows the accused person to remain free pending the final decision on his/her criminal case. In some circumstances a criminal defendant can be declared to have jumped bail even before missing an appearance in court, if it is discovered he/she has left the state, the country, disappeared or made plans to flee. At that point the court can revoke the bail and issue a warrant for the defendant's arrest. It is also called "skipping" bail.


    Juris Doctorكلمة تشمل كل القانونيين, و لكنها تستعمل لتشير إلى الحاصل على دكتوراة فى القانون
    (J.D.) n. the law degree granted upon graduation by many university law schools with accepted high standards of admission and grading. This often supersedes the Bachelor of Laws in recognition that the law curriculum entitles a person to a graduate degree.


    jurisdiction إختصاص المحاكم .
    the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state, and different levels of courts have jurisdiction over lawsuits involving different amounts of money. For example, Superior Courts (called District or County Courts in several states) generally have sole control of lawsuits for larger sums of money, domestic relations (divorces), probate of estates of deceased persons, guardianships, conservatorships and trials of felonies. In some states (like New York) probate and certain other matters are within the jurisdiction of so-called Surrogate Courts. Municipal courts (or other local courts) have jurisdiction over cases involving lesser amounts of money, misdemeanors (crimes not punishable by state prison), traffic matters and preliminary hearings on felony charges to determine if there is sufficient evidence to warrant a trial by the Superior Court. Some states have police courts to handle misdemeanors. Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction). Thus, a probate of Marsha Blackwood's estate would be in Idaho where she lived and died, but jurisdiction over her title to real estate in Utah will be under the jurisdiction of the Utah courts. Federal courts have jurisdiction over lawsuits between citizens of different states, cases based on federal statutes such as fair labor standards and antitrust violations, charges of federal crimes, appeals from bankruptcy proceedings, maritime cases or legal actions involving federal constitutional questions. Sometimes regulatory agencies have the initial jurisdiction before any legal action may be filed in court. More than one court may have concurrent jurisdiction, such as both state and federal courts, and the lawyer filing the lawsuit may have to make a tactical decision as to which jurisdiction is more favorable or useful to his/her cause, including time to get to trial, the potential pool of jurors or other considerations. Appellate jurisdiction is given by statute to appeals courts to hear appeals about the judgment of the lower court that tried a case, and to order reversal or other correction if error is found. State appeals are under the jurisdiction of the state appellate courts, while appeals from federal district courts are within the jurisdiction of the courts of appeal and eventually the Supreme Court. Jurisdiction is not to be confused with "venue," which means the best place to try a case. Thus, any state court may have jurisdiction over a matter, but the "venue" is in a particular county.


    jurisprudenceعلم القانون
    n. the entire subject of law, the study of law and legal questions.


    juristتشير إلى رجال القانون, و لكن غالبا تعنى القاضى
    n. although it means any attorney or legal scholar, jurist popularly refers to a judge.


    jury المحلفين
    n. one of the remarkable innovations of the English common law (from the Angles and Saxons, but also employed in Normandy prior to the Norman Conquest in 1066), it is a group of citizens called to hear a trial of a criminal prosecution or a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser. Once selected, the jury is sworn to give an honest and fair decision. The legal questions are determined by the judge presiding at the trial, who explains those issues to the members of the jury (jurors) in "jury instructions." The common number of jurors is 12 (dating back a thousand years), but some states allow a smaller number (six or eight) if the parties agree. For a plaintiff (the party suing) to win a lawsuit with a jury, three-quarters of the jurors must favor the claim. Guilt or innocence in a criminal trial requires a unanimous decision of the jury, except two states (Oregon and Louisiana) allow a conviction with 10 of 12 jurors. Juries have greatly changed in recent decades, as the term "impartial jury" in the Fifth Amendment to the Constitution requires that the pool of jurors must include all races, ethnic groups and women as well as men in percentages relative to the general population. Any failure to achieve that balance or systematic challenges to those of the same ethnicity of the accused, may result in a claim on appeal that the jury was not fair-in popular jargon, not "a jury of one's peers." This does not mean that a Samoan male must be tried by other Samoan males, but it does mean that the potential jurors must come from a balanced group. Members of the jury are supposed to be free of bias, have no specific knowledge of the case and have no connection with any of the parties or witnesses. Questions are asked by the judge and attorneys (called "voir dire") during jury selection to weed out those whom they may challenge on those grounds (challenge for cause). Some potential jurors are challenged (peremptory challenge) because the attorney for one side or the other feels there is some hidden bias. In well-financed cases this has led to the hiring of jury "specialists" and psychologists by attorneys to aid in jury selection. In a high-profile criminal case in which the jury might be influenced by public comment or media coverage during trial, the court may order the jury be sequestered (kept in a hotel away from family, friends, radio, television and newspapers


    jury panelكشف يحتوى على أسماء من سيتم الإختيار منهم ليكونوا محلفين
    n. the list from which jurors for a particular trial may be chosen.


    jury selectionعملية اختيار المحلفين
    n. the means by which a jury is chosen, with a panel of potential jurors called, questioning of the jury by the judge and attorneys (voir dire), dismissal for cause, peremptory challenges by the attorneys without stating a cause and finally impaneling of the jury.


    jury tamperingالتدخل الغير شرعى فى مهمة المحلفين, مثل دفع رشوة لأحدهم
    n. the crime of attempting to influence a jury through any means other than presenting evidence and argument in court, including conversations about the case outside the court, offering bribes, making threats or asking acquaintances to intercede with a juror.


    jury trialالمحاكمة بحضور محلفين
    n. a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury. This is distinguished from a "court trial" in which the judge decides factual as well as legal questions, and makes the final judgment.


    justice يقصد بها عدة أمور, مثل العدالة, المساواة, و لكنها تستعمل للإشارة إلى قاضى إستئناف عالى ( مثل لقب المستشار فى مصر)
    n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges and legislatures often get caught up more in procedure than in achieving justice for all. Example: the adage "justice delayed is justice denied," applies to the burdensome procedures, lack of sufficient courts, the clogging of the system with meritless cases and the use of the courts to settle matters which could be resolved by negotiation. The imbalance between court privileges obtained by attorneys for the wealthy and for the person of modest means, the use of delay and "blizzards" of unnecessary paper by large law firms, and judges who fail to cut through the underbrush of procedure all erode justice. 4) an appellate judge, the Chief Justice and Associate Justices of the U.S. Supreme Court, a member of a Federal Court of Appeal and judges of any of the various state appellate courts.


    justice of the peace
    فى النظام الأنجلوساكسونى, لا يسمى القاضى فى المحاكم الدنيا قاضيا, بل التسمية أعلاه
    (JP) n. a judge who handles minor legal matters such as misdemeanors, small claims actions and traffic matters in "justice courts." Dating back to early English common law, "JPs" were very common up to the 1950s, but they now exist primarily in rural "justice districts" from which it is unreasonable for the public to travel to the county seat for trials of minor matters. In Nevada justices of the peace are lucrative jobs since they perform many of the marriages of elopers from other states, as Nevada has no waiting period from license to wedding. A justice of the peace is usually an attorney, but some states still allow laypersons to qualify by taking a test.


    justifiable homicide القتل المشروع
    n. a killing without evil or criminal intent, for which there can be no blame, such as self-defense to protect oneself or to protect another or the shooting by a law enforcement officer in fulfilling his/her duties. This is not to be confused with a crime of passion or claim of diminished capacity, which refer to defenses aimed at reducing the penalty or degree of crime.


    juvenile courtمحكمة الأحداث
    n. a special court or department of a trial court which deals with under-age defendants charged with crimes or who are neglected or out of the control of their parents. The normal age of these defendants is under 18, but juvenile court does not have jurisdiction in cases in which minors are charged as adults. The procedure in juvenile court is not always adversarial (although the minor is entitled to legal representation by a lawyer). It can be an attempt to involve parents or social workers and probation officers in the process to achieve positive results and save the minor from involvement in future crimes. However, serious crimes and repeated offenses can result in sentencing juvenile offenders to prison, with transfer to state prison upon reaching adulthood with limited maximum sentences. Where parental neglect or loss of control is a problem, the juvenile court may seek out foster homes for the juvenile, treating the child as a ward of the court.


    juvenile delinquentحدث منحرف
    n. a person who is under age (usually below 18), who is found to have committed a crime in states which have declared by law that a minor lacks responsibility and thus may not be sentenced as an adult. However, the legislatures of several states have reduced the age of criminal responsibility for serious crimes or for repeat offenders to as low as 14.

  3. #13
    An Oasis Citizen
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    افتراضي

    كناية عن العقدk

    n. the shorthand symbol for "contract" used almost universally by lawyers and law students.



    kangaroo courtمحكمة غير قانونية. تقليد محكمة.
    n. 1) a mock court set up without legal basis, such as a fraternity, sports team or army squad might set up to punish minor violations of organizational decorum. 2) slang for a court of law in which the violations of procedure, precedents, and due process are so gross that fundamental justice is denied. It usually means that the judge is incompetent or obviously biased.


    kidnapping جريمة الإختطاف
    (also spelled kidnaping) n. the taking of a person against his/her will (or from the control of a parent or guardian) from one place to another under circumstances in which the person so taken does not have freedom of movement, will, or decision through violence, force, threat or intimidation. Although it is not necessary that the purpose be criminal (since all kidnapping is a criminal felony) the capture usually involves some related criminal act such as holding the person for ransom, sexual and/or sadistic abuse, or rape. It includes taking due to irresistible impulse and a parent taking and hiding a child in violation of court order. An included crime is false imprisonment. Any harm to the victim coupled with kidnapping can raise the degree of felony for the injury and can result in a capital (death penalty) offense in some states, even though the victim survives. Originally it meant the stealing of children, since "kid" is child in Scandinavian languages, but now applies to adults as well.


    next of kinأقرباء الدم
    n. 1) the nearest blood relatives of a person who has died, including the surviving spouse. 2) anyone who would receive a portion of the estate by the laws of descent and distribution if there is no will.


    Lachesعدم سماع طعن فى الوصية إذا سبب ذلك تأخير و ضرر للباقين.
    n. the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush." Examples: a) knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until Nat Neighbor has built a house which encroaches on the property in which Owner has title; b) Tommy Traveler learns that his father has died, but waits four years to come forward until the entire estate has been distributed on the belief that Tommy was dead; c) Susan Smart has a legitimate claim against her old firm for sexual harassment, but waits three years to come forward and file a lawsuit, after the employee who caused the problem has died, and the witnesses have all left the company and scattered around the country. The defense of laches is often raised in the list of "affirmative defenses" in answers filed by defendants, but is seldom applied by the courts. Laches is not to be confused with the "statute of limitations," which sets specific periods to file a lawsuit for types of claims (negligence, breach of contract, fraud, etc.).


    landالملكية العقارية من الأرض و ما عليها
    n. real property, real estate (and all that grows thereon), and the right to minerals underneath and the airspace over it. It may include improvements like buildings, but not necessarily. The owner of the land may give a long-term (like 99 years) lease to another with the right to build on it. The improvement is a "leasehold" for ownership of the right to use-without ownership of-the underlying land. The right to use the air above a parcel of land is subject to height limitations by local ordinance, state or federal law.


    landlockedأرض أو عقار ليس له مدخل على طريق عام
    adj. referring to a parcel of real property which has no access or egress (entry or exit) to a public street and cannot be reached except by crossing another's property. In such a case there is an "implied easement" over the adjoining lot from which it was created (carved out).


    landlordمالك الأرض
    n. a person who owns real property and rents or leases it to another, called a "tenant."


    landlord and tenant المالك و المستأجر
    n. the name for the area of law concerning renting and leasing property and the rights of both the owner and the renter or lessee


    lapseيسقط بالفوات , يصبح غير صالح
    1) v. to fail to occur, particularly a gift made in a will. 2) v. to become non-operative. 3) n. the termination of a gift made by will or for future distribution from a trust, caused by the death of the person to whom the gift was intended (the beneficiary, legatee, devisee) prior to the death of the person making the will or creating the trust (the testator, trustor or settlor).


    larcenyسرقة ممتلكات الغير, فى الخفاء
    n. the crime of taking the goods of another person without permission (usually secretly), with the intent of keeping them. It is one form of theft. Some states differentiate between grand larceny and petty larceny based on the value of the stolen goods. Grand larceny is a felony with a state prison sentence as a punishment and petty larceny is usually limited to county jail time


    last antecedent ruleإحدى قواعد تفسير القانون
    n. a doctrine of interpretation (construction) of statutes that any qualifying words or phrases refer to the language immediately preceding the qualifier, unless common sense shows that it was meant to apply to something more distant or less obvious. Example: "The commercial vehicular license shall not apply to boats, tractors, and trucks, with only four wheels and under three tons…," the qualifier "only four wheels and under three tons" applies only to trucks and not boats or tractors.


    last clear chance إحدى قواعد تحديد المسئولية فى قضايا التعويض
    n. a rule of law in determining responsibility for damages caused by negligence, which provides that if the plaintiff (the party suing for damages) is negligent, that will not matter if the defendant (the party being sued for damages caused by his/her negligence) could have still avoided the accident by reasonable care in the final moments (no matter how slight) before the accident. The theory is that although the plaintiff may have been negligent, his/her negligence no longer was the cause of the accident because the defendant could have prevented the accident. Most commonly applied to auto accidents, a typical case of last clear chance would be when one driver drifts over the center line, and this action was noted by an oncoming driver who proceeds without taking simple evasive action, crashes into the first driver and is thus liable for the injuries to the first driver who was over the line. In the few states which apply the strict "contributory negligence" rule which keeps a negligent plaintiff from recovering damages from a negligent defendant, "last clear chance" can save the careless plaintiff's lawsuit.


    last will and testamentآخر وصية شرعية للموصى
    n. a fancy and redundant way of saying "will." Lawyers and clients like the formal resonance of the language. Will and testament mean the same thing. A document will be the "last" will if the maker of it dies before writing another one.


    latent defect عيب خفى
    n. a hidden flaw, weakness or imperfection in an article which a seller knows about, but the buyer cannot discover by reasonable inspection. It includes a hidden defect in the title to land, such as an incorrect property description. Generally, this entitles the purchaser to get his/her money back (rescind the deal) or get a replacement without a defect on the basis of "implied" warranty of quality that a buyer could expect ("merchantability"). Even an "as is" purchase could be rescinded if it could be shown the seller knew of the flaw.



    lateral support تعاون, أو تاييد متبادل
    n. the right of a land- owner to assurance that his/her neighbor's land will provide support against any slippage, cave-in or landslide. Should the adjoining owner excavate into the soil for any reason (foundation, basement, leveling) then there must be a retaining wall constructed (or other protective engineering) to prevent a collapse. A classic example: a developer excavated into a hill along both the western and southern lines to create a pad for an apartment building and delayed putting in the retaining wall. Cracks appeared in the buildings next to the digging site, and the owners filed a lawsuit asking for an injunction to require the developer to build a wall. The judge so ordered, but the cave-in occurred anyway, the neighboring buildings toppled into the hole, and, in the subsequent lawsuit by the owners of the neighboring fallen buildings, the developer had to pay the entire value of the buildings which were destroyed. Most lateral support problems are less dramatic.


    lawالقانون
    n. 1) any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Custom or conduct governed by the force of the local king were replaced by laws almost as soon as man learned to write. The earliest lawbook was written about 2100 B.C. for Ur-Nammu, king of Ur, a Middle Eastern city-state. Within three centuries Hammurabi, king of Babylonia, had enumerated laws of private conduct, business and legal precedents, of which 282 articles have survived. The term "eye for an eye" (or the equivalent value) is found there, as is drowning as punishment for adultery by a wife (while a husband could have slave concubines), and unequal treatment of the rich and the poor was codified here first. It took another thousand years before written law codes developed among the Greek city-states (particularly Athens) and Israel. China developed similar rules of conduct, as did Egypt. The first law system which has a direct influence on the American legal system was the codification of all classic law ordered by the Roman Emperor Justinian in 528 and completed by 534, becoming the law of the Roman empire. This is known as the Justinian Code, upon which most of the legal systems of most European nations are based to this day. The principal source of American law is the common law, which had its roots about the same time as Justinian, among Angles, Britons and later Saxons in Britain. William the Conqueror arrived in 1066 and combined the best of this Anglo-Saxon law with Norman law, which resulted in the English common law, much of which was by custom and precedent rather than by written code. The American colonies followed the English Common Law with minor variations, and the four-volume Commentaries on the Laws of England by Sir William Blackstone (completed in 1769) was the legal "bible" for all American frontier lawyers and influenced the development of state codes of law. To a great extent common law has been replaced by written statutes, and a gigantic body of such statutes have been enacted by federal and state legislatures supposedly in response to the greater complexity of modern life. 2) n. a statute, ordinance or regulation enacted by the legislative branch of a government and signed into law, or in some nations created by decree without any democratic process. This is distinguished from "natural law," which is not based on statute, but on alleged common understanding of what is right and proper (often based on moral and religious precepts as well as common understanding of fairness and justice). 3) n. a generic term for any body of regulations for conduct, including specialized rules (military law), moral conduct under various religions and for organizations, usually called "bylaws."


    law bookالمجلدات التى تحفظ فيها أحكام المحاكم, و القرارات, و القوانين, و السوابق
    n. any of numerous volumes dealing with law, including statutes, reports of cases, digests of cases, commentaries on particular topics, encyclopedias, textbooks, summaries of the law, dictionaries, legal forms and various combinations of these such as case reports with commentaries. Statutes of every state and the Federal Code are published, usually with comments, "annotations" and brief statements of decisions which contribute to the interpretations of each particular statute. The written reports of appellate cases are collected for every state, the federal government, England and many other countries. Collections of digests (brief summaries) of case decisions divided by topics are available for each state as well as federal rulings. There are books on almost every legal subject. Almost all collections of statutes, digests, form books and commentaries are regularly updated with the latest decisions, legislative enactments and recent comments, often with loose-leaf "pocket parts" added each year, and completely new volumes when numerous changes have accumulated. Many of the books are now being replaced or supplemented by computer disks or computer modem services. The earliest known law book was written in 2100 B.C. for the king of Ur.



  4. #14
    An Oasis Citizen
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    افتراضي

    law of the case التزام القاضى بنفس الحكم فى القضايا المماثلة
    n. once a judge has decided a legal question during the conduct of a lawsuit, he/she is unlikely to change his/her views and will respond that the ruling is the "law of the case."


    lawsuit إتخاذ قرار برفع قضية
    n. a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a "suit." The legal claims within a lawsuit are called "causes of action."


    lay a foundation التحقق من كفاءة الخبير المنتدب للشهادة
    v. in evidence, to provide to the judge the qualification of a witness (particularly an expert witness) or a document or other piece of evidence which assures the court of the talent and experience of a witness or the authenticity of the document or article. Example: a medical report cannot be introduced unless the physician who wrote it testifies that he wrote it, or a photograph must be authenticated by the photographer or by testimony that it truly reflects a particular place or event. An expert witness is qualified by testimony as to experience and training.


    leading قيام الإدعاء أو الدفاع بسؤال أسئلة بقصد الحصول على أجوبة يريدونها
    1) v. short for "leading the witness," in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer. Leading is improper if the attorney is questioning a witness called by that attorney and presumably friendly to the attorney's side of the case. Thus, the opposing attorney will object that a question is "leading," and if so the judge will sustain (uphold) the objection and prohibit the question in that form. However, leading questions are permissible in cross-examination of a witness called by the other party or if the witness is found to be hostile or adverse to the position of the attorney conducting the questioning. 2) adj. referring to a question asked of a witness which suggests the answer.


    leading questionأسئلة يقصد بها الحصول على إجابة يقترحها السائل
    n. a question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness. Such a question is often objected to, usually with the simple objection: "leading." A leading question is allowable only when directed to the opposing party to the lawsuit or to an "adverse witness" during cross-examination (the chance to question after direct testimony) on the basis that such a witness can readily deny the proposed wording. Typical improper leading question: "Didn't the defendant appear to you to be going too fast in the limited visibility?" The proper question would be: "How fast do you estimate the defendant was going?" followed by "What was the visibility?" and "How far could you see?"


    leading the witnessأسئلة تتضمن تشجيع الشاهد على الرد بإجابة ضمنية
    n. asking a question during a trial or deposition which puts words in the mouth of the witness or suggests the answer, which is improper questioning of a witness called by that attorney, but is proper in cross-examination or allowed if a witness is declared by the judge to be a hostile or adverse witness


    leaseعقد إيجار
    1) n. a written agreement in which the owner of property (either real estate or some object like an automobile) allows use of the property for a specified period of time (term) for specific periodic payments (rent), and other terms and conditions. Leases of real property describe the premises (often by address); penalties for late payments, termination upon default of payment or breach of any significant conditions; increases in rent based on cost of living or some other standard; inclusion or exclusion of property taxes and insurance in rent; limitations on use (for a butcher shop, a residence for the family only, no pets); charges for staying on beyond the term (holding over); any right to renew the lease for another period; and/or a requirement for payment of attorneys' fees and costs in case of the need to enforce the lease (including eviction). A lease is distinguished from a mere renting of the premises on a month-to-month basis and cannot exceed a year unless agreed to in writing. A "triple net" lease includes both taxes and insurance in the rent. 2) v. to rent out real property or an object pursuant to a written agreement.



    legacyهدية أو منحة
    n. a gift of personal property or money to a beneficiary (legatee) of a will. While technically legacy does not include real property (which is a "devise"), legacy usually refers to any gift from the estate of one who has died. It is synonymous with the word "bequest."



    legal ageالسن القانونى, أو سن الرشد
    n. the age at which a person is responsible for his/her own actions (including the capacity to enter into a contract which is enforceable by the other party), for damages for negligence or intentional wrongs without a parent being liable and for punishment as an adult for a crime. In almost all states the basic legal age is 18, which is the universal American voting age under the 26th Amendment to the Constitution, ratified in 1971. The national legal age for drinking or buying alcoholic beverages is 21. Marriage with or without parental consent, driving, prosecution for crimes, the right to choose an abortion and liability for damages vary from state to state.


    legal dutyواجب قانونى
    n. the responsibility to others to act according to the law. Proving the duty (such as not to be negligent, to keep premises safe, or to drive within the speed limit) and then showing that the duty was breached are required elements of any lawsuit for damages due to negligence or intentional injuries.



    legal separationالإنفصال الرسمى بين زوجين
    n. a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce or who hope to save a marriage, legal separation is an apparent solution. With more states allowing no-fault divorce, the use of separation agreements and informal separation, legal separation is rarely used.


    legal tenderعملة البلاد القانونية
    n. all money issued by the government.


    legalese محامون محنكون
    n. slang for the sometimes arcane, convoluted and specialized jargon of lawyers and legal scholars.


    legatee الجهة التى تحصل على هدية أو منحة خلال وصية المتوفى
    n. a person or organization receiving a gift of an object or money under the terms of the will of a person who has died. Although technically a legatee does not receive real property (a devisee), "legatee" is often used to designate a person who takes anything pursuant (according) to the terms of a will. The best generic term is beneficiary, which avoids the old-fashioned distinctions between legatees taking legacies (personal property) and devisees taking devises (real property), terms which date from the Middle Ages.


    legitimateقانونى, فى حدود القانون
    adj., adv1) legal, proper, real. 2) referring to a child born to parents who are married. A baby born to parents who are not married is illegitimate, but can be made legitimate (legitimatized) by the subsequent marriage of the parents. 3) v. to make proper and/or legal.



    lesser-included offenseالجريمة الأقل خطورة بين عدة تصنيفات قانونية لنفس الفعل
    n. in criminal law, a crime which is proved by the same facts as a more serious crime. Example: Ignatz "Itchy" Fingers is charged with armed robbery, but the prosecution fails to prove Itchy used his pistol since the victims do not recall the gun, but does prove he took the jewels. Thus, he is convicted of larceny, which is a lesser form of theft and he will receive a lighter sentence. A common example is the so-called "wet reckless," which is the crime of driving recklessly after some drinking, but not necessarily while drunk. In plea bargains for first offenders in close cases the driver may plead guilty or "no contest" to this lesser-included offense instead of drunk driving, which carries a more severe penalty, including jail time.



    lessorالمؤجر
    n. the owner of real property who rents it to a lessee pursuant to a written lease. Thus, he/she/it is the landlord and the lessee is the tenant.


    let يسمح, يعرض للإيجار
    v. 1) to allow or permit. This is distinguished from "against one's will." The word can be very important legally, as in the statement "Lucy let Johnny have sexual relations with her," which can make a huge difference in a claim of rape. 2) to lease or rent real property, particularly a room or apartment, to another person.


    letter of creditخطاب ضمان
    n. a document issued by a bank guaranteeing to provide a customer a line of credit (automatic loan up to a certain amount) for money or security for a loan. Such a letter is used primarily to facilitate long-distance business transactions.


    letters testamentary رسالة رسمية من المحكمة تحدد إختصاصات منفذ الوصية
    n. a document issued by the court clerk which states the authority of the executor of an estate of a person who has died. It is issued during probate of the estate as soon as the court approves the appointment of the executor named in the will and the executor files a security bond if one is necessary (most well-drafted wills waive the need for a bond). Certified copies of the letters are often required by banks and other financial institutions, the federal government, stock transfer agents or other courts before transfer of money or assets to the executor of the estate.


    leverageالقرض الممكن لإستغلال عقار مثلا
    1) n. the use of borrowed money to purchase real estate or business assets, usually involving money equaling a high percentage of the value of the purchased property. 2) v. to borrow most of the funds necessary as a loan against real estate to buy other real estate or business assets. The dangers of high leverage are over-appraisal of the property to satisfy a lender, a decline in the value of the property (which may have been purchased during a period of high inflation), high carrying costs (interest, insurance, taxes, maintenance) which exceed income, vacancies and/or inability to finance improvements to increase profits. Too often the result is the collapse of "paper" real estate empires which have been created by risky leveraging


    levy نوع من الضريبة
    1) v. to seize (take) property upon a writ of execution (an order to seize property) issued by the court to pay a money judgment granted in a lawsuit. The levy is actually made by a sheriff or other official at the request of the holder of the judgment (the winner in the lawsuit), and the property will be sold at a sheriff's sale to provide money to satisfy the unpaid judgment. 2) v. the act of a governmental legislative body, such as a board of supervisors or commissioners assessing a tax on all property, all sales, business licenses or any thing or transaction which may be taxed. Thus, the county "levies" a tax on businesses. 3) n. the seizure of property to satisfy a judgment.


    lewd and lascivious فعل فاضح أو مستهجن
    adj., adv. references to conduct which includes people living together who are known not to be married, entertainment which aims at arousing the libido or primarily sexual sensation, open solicitation for prostitution or indecent exposure of genitalia (which is itself a crime). Due to the tendency of judges to be overly careful in writing about moral and/or sexual matters the definitions have been cloaked in old-fashioned modesty. Today the term usually applies to pornography, prostitution and indecent





  5. #15
    An Oasis Citizen
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    افتراضي

    liabilityمسئولية أو إلتزام
    n. one of the most significant words in the field of law, liability means legal responsibility for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or a court order to perform (as in a breach of contract or violation of statute). In order to win a lawsuit the suing party (plaintiff) must prove the legal liability of the defendant if the plaintiff's allegations are shown to be true. This requires evidence of the duty to act, the failure to fulfill that duty and the connection (proximate cause) of that failure to some injury or harm to the plaintiff. Liability also applies to alleged criminal acts in which the defendant may be responsible for his/her acts which constitute a crime, thus making him/her subject to conviction and punishment. Example: Jack Jumpstart runs a stop sign in his car and hits Sarah Stepforth as she is crossing in the cross-walk. Jack has a duty of care to Sarah (and the public) which he breaches by his negligence, and therefore has liability for Sarah's injuries, giving her the right to bring a lawsuit against him. However, Jack's father owns the automobile and he, too, may have liability to Sarah based on a statute which makes a car owner liable for any damages caused by the vehicle he owns. The father's responsibility is based on "statutory liability" even though he personally breached no duty. A signer of a promissory note has liability for money due if it is not paid and so would a co-signer who guarantees it. A contractor who has agreed to complete a building has liability to the owner if he fails to complete on time


    liable مسئول عن الخطأ
    adj. responsible or obligated. Thus, a person or entity may be liable for damages due to negligence, liable to pay a debt, liable to perform an act which he/she/it contracted to do, or liable to punishment for commission of a crime. Failure to meet the responsibility or obligation opens one up to a lawsuit, and committing a crime can lead to a criminal prosecution.


    Libelالتشهير, القذف, القدح, الطعن
    1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for general damages for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called special damages. Libel per se involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit. Governmental bodies are supposedly immune to actions for libel on the basis that there could be no intent by a non-personal entity, and further, public records are exempt from claims of libel. However, there is at least one known case in which there was a financial settlement as well as a published correction when a state government newsletter incorrectly stated that a dentist had been disciplined for illegal conduct. The rules covering libel against a "public figure" (particularly a political or governmental person) are special, based on U.S. Supreme Court decisions. The key is that to uphold the right to express opinions or fair comment on public figures, the libel must be malicious to constitute grounds for a lawsuit for damages. Minor errors in reporting are not libel, such as saying Mrs. Jones was 55 when she was only 48, or getting an address or title incorrect. 2) v. to broadcast or publish a written defamatory statement.


    libel per seالتشهير الغير أخلاقى المعاقب عليه قانونا
    n. broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis) or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses.


    libertyالحرية
    n. freedom from restraint and the power to follow one's own will to choose a course of conduct. Liberty, like freedom, has its inherent restraint to act without harm to others and within the accepted rules of conduct for the benefit of the general public.


    licenseرخصة, أو إجازة, أو تصريح
    1) n. governmental permission to perform a particular act (like getting married), conduct a particular business or occupation, operate machinery or vehicles after proving ability to do so safely or use property for a certain purpose. 2) n. the certificate that proves one has been granted authority to do something under governmental license. 3) n. a private grant of right to use real property for a particular purpose, such as putting on a concert. 4) n. a private grant of the right to use some intellectual property such as a patent or musical composition. 5) v. to grant permission by governmental authority or private agreement.


    licenseeالشخص الذى يحصل على الرخصة أو التصريح
    n. a person given a license by the government or under private agreement.


    licensor الشخص أو الجهة المانحة للرخصة أو التصريح
    n. a person who gives another a license, particularly a private party doing so, such as a business giving someone a license to sell its product.


    lie detector testاختبار كشف الكذب
    n. a popular name for a polygraph which tests the physiological reaction of a person to questions asked by a testing expert. A potential or actual criminal defendant or possible witness cannot be forced or ordered to take a lie detector test. Some habitual liars pass lie detector tests, and innocent, honest people fail them due to nervousness and other factors. However, law enforcement authorities usually believe the results, which occasionally exonerate (clear) a suspect. Since the results are sometimes unreliable, they are not admissible in a trial and may not be referred to.


    lienحق أو امتياز على عقار
    n. any official claim or charge against property or funds for payment of a debt or an amount owed for services rendered. A lien is usually a formal document signed by the party to whom money is owed and sometimes by the debtor who agrees to the amount due. A lien carries with it the right to sell property, if necessary, to obtain the money. A mortgage or a deed of trust is a form of lien, and any lien against real property must be recorded with the County Recorder to be enforceable, including an abstract of judgment which turns a judgment into a lien against the judgment debtor's property. There are numerous types of liens including: a mechanic's lien against the real property upon which a workman, contractor or supplier has provided work or materials, an attorney's lien for fees to be paid from funds recovered by his/her efforts, a medical lien for medical bills to be paid from funds recovered for an injury, a landlord's lien against a tenant's property for unpaid rent or damages, a tax lien to enforce the government's claim of unpaid taxes, or the security agreement (UCC-1) authorized by the Uniform Commercial Code. Most liens are enforceable in the order in which they were recorded or filed (in the case of security agreements), except tax liens, which have priority over the private citizen's claim.


    lienorالشخص الحائز على الحق أو الإمتياز
    n. a person who holds a lien on another's property or funds.


    life estateالملكية مدى الحياة فقط
    n. the right to use or occupy real property for one's life. Often this is given to a person (such as a family member) by deed or as a gift under a will with the idea that a younger person would then take the property upon the death of the one who receives the life estate. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant-this is called "reversion." Example of creation of a life estate: "I grant to my mother, Molly McCree, the right to live in and/or receive rents from said real property, until her death," or "I give my daughter, Sadie Hawkins, said real property, subject to a life estate to my mother, Molly McCree." This means a woman's mother, Molly, gets to live in the house until she dies, then the woman's daughter, Sadie, will own the property


    life without possibility of paroleالسجن المؤبد, بدون عفو
    n. a sentence sometimes given for particularly vicious criminals in murder cases or to repeat felons, particularly if the crime is committed in a state which has no death penalty, the jury chooses not to impose the death penalty, or the judge feels it is simpler to lock the prisoner up and "throw away the key" rather than invite years of appeals while the prisoner languishes on death row. Opponents of capital punishment often advocate this penalty as a substitute for execution. It guarantees the criminal will not endanger the public, and the prospect of never being outside prison is severe punishment. Contrary arguments are that this penalty does not deter murderers, there is always the possibility of escape or killing a guard or fellow prisoner, or some soft-hearted Governor may someday reduce the sentence.


    limitation of actionsسقوط حق التقاضى بمضى مدة معينة
    n. the period of time in which a person has to file with the clerk of the court or appropriate agency what he/she believes is a valid lawsuit or claim. The period varies greatly depending on what type of case is involved, whether the suit is against the government, whether it is by a minor, and most importantly, in what state or federal jurisdiction the right to sue arose. This is more commonly called the statute of limitations, which are specific periods for various claims in each state.


    limited jurisdictionأختصاص محدود ( للمحاكم مثلا)
    n. courts' authority over certain types of cases such as bankruptcy, claims against the government, probate, family matters, immigration and customs or limitations on courts' authority to try cases involving maximum amounts of money or value


    limited liabilityالمسئولية المحدودة ( فى قوانين الشركات)
    n. the maximum amount a person participating in a business can lose or be charged in case of claims against the company or its bankruptcy. A stockholder in a corporation can only lose his/her investment, and a limited partner can only lose his/her investment, but a general partner can be responsible for all the debts of the partnership. Parties to a contract can limit the amount each might owe the other, but cannot contract away the rights of a third party to make a claim.


    limited partnershipشركات محدودة المسئولية
    n. a special type of partnership which is very common when people need funding for a business, or when they are putting together an investment in a real estate development. A limited partnership requires a written agreement between the business management, who is (are) general partner or partners, and all of the limited partners. Each limited partner makes an investment of funds into the partnership and is supposed to receive a pre-stated share of the profit, which is ordinarily greater than that of each of the general partners up to a point (such as return of the investment), and, thereafter, the limited partners will receive a lesser share than the general partner(s). The limited partners also will receive the tax benefit of a "passed through" loss (a personal income tax deduction for part of the loss) during the development stages of the partnership when the expenses exceed any receipts. Quite often there is also a provision for eventual buy-out of the limited partners by the general partner(s). The limited partners may not participate in the management decisions of the partnership or they will lose their limited partnership status. They do have the power to vote to remove the general partner(s), although usually the partnership agreement is structured so that such removal is virtually impossible unless the general partner in question has committed fraud. Since the limited investors have no control of the conduct over the partnership, they should make sure they have considerable knowledge about the reputation and record of the general partner(s) and the type of business. In fact, state laws require that there be some pre-existing acquaintanceship between the general and the limited partners or a detailed prospectus provided by the general partner(s) meeting very stringent and specific federal requirements of disclosure. The maximum number of limited partners is set by state law to prevent using interests in the limited partnership as if they were shares of stock in a corporation. In addition to priority in profit, tax deductions, and potential share in the success of the enterprise, the limited partner is "limited" in potential loss, since all he/she can lose is his/her investment, and the general partners alone are subject to claims, debts in bankruptcy and lawsuits against the partnership. Limited partnerships must file their name and names and addresses of general partners with the Secretary of State or other designated officer in the state in which the partnership is created so the public can find out who the responsible parties are. Like a corporation, a limited partnership may not have a name which is too similar to another limited partnership or corporation.








    lineal descendantالأقارب من نفس الأصل
    n. a person who is in direct line to an ancestor, such as child, grandchild, great-grandchild and on forever. A lineal descendant is distinguished from a "collateral" descendant, which would be from the line of a brother, sister, aunt or uncle.


    lineupطابور التعرف على المشتبه فيهم
    n. a law enforcement method used in an attempt to have a witness or victim identify a person suspected of committing a crime. The suspect is included in a line of people, including non-criminals and others (such as plainclothesmen, office clerks, etc.). Law enforcement officials ask each person in the lineup to speak and turn to profile, while the witness or victim studies each of them and then is asked which person in the lineup, if any, committed the crime in his/her presence. One danger with this system is that the officers will suggest by manner or tone which is the suspect, or that one person in the lineup appears, by dress or conduct, to seem more suspicious. This type of identification is precarious at best.


    liquidateالتصفية( فى الشركات مثلا)
    v. to sell the assets of a business, paying bills and dividing the remainder among shareholders, partners or other investors.


    liquidated damagesالتعويض الناتج عن التصفية
    n. an amount of money agreed upon by both parties to a contract which one will pay to the other upon breaching (breaking or backing out of) the agreement or if a lawsuit arises due to the breach. Sometimes the liquidated damages are the amount of a deposit or a down payment, or are based on a formula (such as 10% of the contract amount). The non-defaulting party may obtain a judgment for the amount of liquidated damages, often based on a stipulation (clear statement) contained in the contract, unless the party who has breached the contract can make a strong showing that the amount of liquidated damages was so "unconscionable" (far too high under the circumstances) that it appears there was fraud, misunderstanding or basic unfairness



    literary propertyالملكية الفكرية
    n. the writings of an author which entitles him/her to the use of the work, including publication, and sale or license for a profit to others who will then have the right to publish it. Literary property includes books, articles, poetry, movie scripts, computer programs and any writing which lends itself to publication or use. A close question can arise when a professional writer sends letters to others: are they literary property? Probably not if they were intended to be just personal communications. J. D. Salinger, author of The Catcher in the Rye, thought otherwise and sued to prevent use of his letters sent to another writer. The case was compromised and settled. To protect any literary work and profits from it, the writer should mark it as copyrighted.

    litigantأطراف القضايا المدنية
    n. any party to a lawsuit. This means plaintiff, defendant, petitioner, respondent, cross-complainant and cross-defendant, but not a witness or attorney.

    litigation التقاضى
    n. any lawsuit or other resort to the courts to determine a legal question or matter.


    litigiousشخص معالد رفع دعاوى مدنية
    adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish enemies, seek profit, and pursue minor matters which do not deserve judicial attention. Some of these people are called "professional plaintiffs."


    living willالتوصية لشخص للقيام بأإجراءات معينة لصالح الموصى, أثناء حياته
    n. also called "a durable power of attorney," it is a document authorized by statutes in all states in which a person appoints someone as his/her proxy or representative to make decisions on maintaining extraordinary life-support if the person becomes too ill, is in a coma or is certain to die. In most states the basic language has been developed by medical associations or other experts and may provide various choices as to when such maintenance of life can be terminated. The decision must be made in consultation with the patient's doctor. The living will permits a terminal patient to die in dignity and protects the physician or hospital from liability for withdrawing or limiting life support


    locusكلمة لاتينية تشير إلى مكان حدوث حدث ما
    (low-cuss) n. Latin for "place," it means "place which" this or that occurred.


    loiterالمتسكع أو المتشرد
    v. to linger or hang around in a public place or business where one has no particular or legal purpose. In many states, cities and towns there are statutes or ordinances against loitering by which the police can arrest someone who refuses to "move along." There is a question as to whether such laws are constitutional. However, there is often another criminal statute or ordinance which can be applied specifically to control aggressive begging, soliciting prostitution, drug dealing, blocking entries to stores, public drunkenness or being a public nuisance.


    long causeالقضايا التى تتطلب جلسات عديدة
    n. a lawsuit in which it is estimated that a trial will take more than one day. In many courts the so-called "short cause" cases will be scheduled more quickly than long cause cases, since "short cause" cases are easier to fit into busy court calendars. If a trial estimated as a "short cause" turns out to take longer than one day, the judge may declare a mistrial and force the parties to try the case over again from scratch at a later date as a "long cause


    long-arm statuteالقوانين التى يمكن تطبيقها خارج حدود المحافظة, أو الولاية
    n. law which gives a local state court jurisdiction over an out-of-state company or individual whose actions caused damage locally or to a local resident. The legal test is whether the out-of-state defendant has contacts within the state which are "sufficiently substantial." An accident or injury within the state usually shows such a substantial contact. This is particularly important when a driver from one state is sued in another state for damages caused by his/her negligence there. It also can be employed if a product shipped from out-of-state fails, explodes or causes damage to a local person who sues in the state where he/she resides. The long-arm statute allows him/her to get local court jurisdiction over the defendant.



    lossالخسارة, أو الفقد
    n. 1) the value placed on injury or damages due to an accident caused by another's negligence, a breach of contract or other wrongdoing. The amount of monetary damages can be determined in a lawsuit. 2) when expenses are greater than profits, the difference between the amount of money spent and the income.( Look at Damages).


    loss of consortiumفقد أحد الزوجين القدرة على المعاشرة الزوجية
    n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrongdoing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate's lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation.


    loss of useعدم القدرة على القيام بأفعال معينة نتيجة حادث مثلا
    n. the inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by the negligence or other wrongdoing of another. Examples: compensation for each day a car is out of commission during repairs or for the period of non-occupancy while a burned building is restored. A common standard of compensation (payment) is rental value of the automobile or premises, but the period of loss must be "reasonable," meaning the damages will be limited to a period in which a person would normally and promptly proceed to have the vehicle repaired or arrange reconstruction of the building or premises.



    lower courtالمحاكم الدنيا فى النظام الهرمى
    n. 1) any court of lesser rank, such as municipal or justice court below a superior or county court, a superior or county court below an appeals court, or a federal District Court of Appeals below the U.S. Supreme Court. 2) a reference in an appeal to the trial court which originally heard the case. Typical language in an appeals decision: "In the lower court, the judge ruled Defendant had no basis for…."






  6. #16
    An Oasis Citizen
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    M. O.الأسلوب النمطى لمكرر ارتكاب الجريمة

    n. slang for modus operandi, the way or pattern in which a repeat criminal usually commits his/her crime.


    Magistrate من يقوم بالفصل فى المنازعات المدنية و الجنائية فى المحاكم الدنيا, و لا يسمى قاضى .
    n. 1) a generic term for any judge of a court, or anyone officially performing a judge's functions. 2) in a few states, an officer of the court at the lowest level who hears small claims lawsuits, serves as a judge for charges of minor crimes and/or conducts preliminary hearings in criminal cases to determine if there is enough evidence presented by the prosecution to hold the accused for trial. 3) in federal courts, an official who conducts routine hearings assigned by the federal judges, including preliminary hearings in criminal cases.


    Magna Cartaكلمة لاتينية تعبر عن إعلان ميثاق حقوق المواطن الصادر عام 1215 بواسطة الملك جون .

    n. Latin for "Great Charter," it was a document delineating a series of laws establishing the rights of English barons and major landowners and limiting the absolute authority of the King of England. It became the basis for the rights of English citizens. It was signed reluctantly by King John on June 15, 1215, at Runnymede, at a table set up in a field under a canopy surrounded by the armed gentry. The Magna Carta was confirmed by John's son, Henry III, and in turn by Henry's son, Edward I. As John Cowell would write four centuries later: "although this charter consists of not above thirty seven Charters or Lawes yet it is of such extent, as all the Law wee have, is thought in some form to depend on it." Essentially a document for the nobility, it became the basis of individual rights as a part of the English Constitution, which is generally more custom than written documents. It is also spelled Magna Charta.


    maimيصيب شخص بجراح , أو بفقد أحد أعضاء الجسم.

    v. to inflict a serious bodily injury, including mutilation or any harm which limits the victim's ability to function physically. Originally, in English common law it meant to cut off or permanently cripple a body part like an arm, leg, hand or foot. In criminal law, such serious harm becomes an "aggravated" assault, which is a felony subject to a prison term.


    majorityالكلمة تعنى " الأغلبية", و لكن معناها هنا هو " سن الرشد".

    n. 1) the age when a person can exercise all normal legal rights, including contracting and voting. It is 18 for most purposes, but there are rights such as drinking alcoholic beverages which is set at 21. 2) 50 percent, plus one of votes cast.


    malfeasanceارتكاب شيئ خاطئ قانونيا أو أخلاقيا .

    n. intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from "misfeasance," which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees and others cloaked with responsibility.


    malice aforethoughtسوء النية المقصود.
    n. 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought.


    malicious prosecutionتهمة كيدية.
    n. filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim.


    malpracticeإساءة ممارسة المهنة.
    n. An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Such an error or omission may be through negligence, ignorance (when the professional should have known), or intentional wrongdoing. However, malpractice does not include the exercise of professional judgment even when the results are detrimental to the client or patient. Except in cases of extremely obvious or intentional wrongs, in order to prove malpractice there must be testimony of an expert as to the acceptable standard of care applied to the specific act or conduct which is claimed to be malpractice and testimony of the expert that the professional did not meet that standard. The defendant then can produce his/her own expert to counter that testimony. Professions which are subject to lawsuits based on claims of malpractice include lawyers, physicians, dentists, hospitals, accountants, architects, engineers and real estate brokers. In some states in order to file an action for malpractice against a medical caregiver, there must be a written demand or notice which gives the physician or hospital a chance to settle the matter before a suit is filed. In actions against attorneys it is mandatory that the plaintiff prove that the error, if any, caused damages. This means that a lawsuit, claim or negotiation the attorney was handling would have resulted in a win or better recovery except for the malpractice. Thus, there is a requirement of proving the original "case within the case" during the trial of the malpractice claim. Contrary to public perception, substantial judgments in malpractice actions are rare, with studies showing that only a small percentage of the claims result in recovery for the allegedly aggrieved client or patient. The principal reason is that most cries of malpractice are unfounded and are based on unhappiness with the result of the original services no matter how well handled, a breakdown in communication between attorney or doctor and client or patient, anger with the professional, retaliation for attempts to collect unpaid fees or greed.


    mandamusأمر قضائى يلزم الجهات الحكومية أو الهيئات بالقيام أو الإمتناع عن فعل شيئ.

    (man-dame-us) n. Latin for "we order," a writ (more modernly called a "writ of mandate") which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. Examples: After petitions were filed with sufficient valid signatures to qualify a proposition for the ballot, the city refuses to call the election, claiming it has a legal opinion that the proposal is unconstitutional. The backers of the proposition file a petition for a writ ordering the city to hold the election. The court will order a hearing on the writ and afterwards either issue the writ or deny the petition. Or a state agency refuses to release public information, a school district charges fees to a student in violation of state law, or a judge will not permit reporters entry at a public trial. All of these can be subject of petitions for a writ of mandamus.


    mandateأمر إلزامى( عادة أمر قضائى), أيضا تعنى تفويض( السلطة).

    n. 1) any mandatory order or requirement under statute, regulation, or by a public agency. 2) order of an appeals court to a lower court (usually the original trial court in the case) to comply with an appeals court's ruling, such as holding a new trial, dismissing the case or releasing a prisoner whose conviction has been overturned. 3) same as the writ of mandamus, which orders a public official or public body to comply with the law.


    mandatory إلزامى, أو مطلوب تنفيذه .


    adj., adv. absolutely demanded or required.

    manifestقائمة, و أيضا: " يوضح, أو يبين" أو


    1) adj., adv. completely obvious or evident. 2) n. a written list of goods in a shipment.



    manslaughterجريمة القتل الغير عمد أو ترصد .

    n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples: Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is surprised by a security man, whom Burgle knocks down a flight of stairs, killing him. Both are voluntary manslaughter. However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.


    marital rightsحقوق الرجل الزوجية ( و ليست المرأة فى الماضى).

    n. an old-fashioned expression for the rights of a husband (not rights of a wife) to sexual relations with his wife and to control her operation of the household.


    maritime lawالقوانين البحرية ( عادة اللتجارية) .

    n. Also called "admiralty law" or "the law of admiralty," the laws and regulations, includ-ing international agreements and treaties, which exclusively govern activities at sea or in any navigable waters. In the United States, federal courts have jurisdiction over maritime law.


    market valueسعر السوق .

    n. the price which a seller of property would receive in an open market by negotiation, as distinguished from a "distress" price on a forced or foreclosure sale, or from an auction. Market value of real property is normally determined by a professional appraiser who makes comparisons to similar property sales in the area, which are often called "comparables."


    marriageالزواج التقليدى بين رجل و إمرأة.

    n. the joining of a male and female in matrimony by a person qualified by law to perform the ceremony (a minister, priest, judge, justice of the peace or some similar official), after having obtained a valid marriage license (which requires a blood test for venereal disease in about a third of the states and a waiting period from one to five days in several). The standard age for marriage without parental consent is 18 except for Georgia and Wyoming where it is 16, Rhode Island where women can marry at 16, and Mississippi in which it is 17 for boys and 15 for girls. More than half the states allow marriages at lesser ages with parental consent, going as low as 14 for both sexes in Alabama, Texas and Utah. Marriages in which the age requirements are not met can be annulled. Fourteen states recognize so-called "common law marriages" which establish a legal marriage for people who have lived together by agreement as husband and wife for a lengthy period of time without legal formalities.


  7. #17
    An Oasis Citizen
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    martial lawالأحكام العرفية( أو العسكرية ).

    n. a system of complete control by a country's military over all activities, including civilian, in a theoretical or actual war zone, or during a period of emergency caused by a disaster such as an earthquake or flood, with the military commander having dictatorial powers. In the United States martial law must be ordered by the President as commander-in-chief and must be limited to the duration of the warfare or emergency. It cannot result in a long-term denial of constitutional rights, such as habeas corpus, the right to a trial, and to free press. Martial law was ordered in contested areas during the Civil War (but the Supreme Court ruled President Abraham Lincoln's suspension of the writ of habeas corpus was unconstitutional), and during the San Francisco earthquake and fire in 1906 when the city was in ruins, tens of thousands were homeless, and looting and disease posed great dangers to the public. Misuse of martial law, such as destruction of the veterans' encampment in Washington, D.C. under President Herbert Hoover, has proved unpopular in the United States. In many foreign countries martial law has become a method to establish and maintain dictatorships either by military leaders or politicians backed by the military. Martial law is not to be confused with "military law," which governs the conduct of the military services and applies only to service men and women.


    master and servantالعلاقة القانونية بين صاحب العمل, و مستخدميه .


    n. the body of law, including statutes and legal decisions which are precedents, which relates to the relationship of an employer and employee


    materialجوهرى, أو أساسى فى القضية.


    adj. relevant and significant. In a lawsuit, "material evidence" is distinguished from totally irrelevant or of such minor importance that the court will either ignore it, rule it immaterial if objected to, or not allow lengthy testimony upon such a matter. A "material breach" of a contract is a valid excuse by the other party not to perform. However, an insignificant divergence from the terms of the contract is not a material breach.


    material witnessالشاهد الأساسى, أو الأكثر أهمية .

    n. a person who apparently has information about the subject matter of a lawsuit or criminal prosecution which is significant enough to affect the outcome of the case or trial. Thus, the court must make every reasonable effort to allow such a witness to testify, including a continuance (delay in a trial) to accommodate him/her if late or temporarily unavailable.


    maturityالنضوج, و هنا, يقصد بها وصول عقد السلفة إلى مرحلة السداد.

    n. 1) the date when the payment of the principal amount owed under the terms of a promissory note or bill of exchange becomes due. Quite often a note states that failure to pay interest or installment payments when due "accelerates" the note, making the "maturity date" immediate if such payments are demanded and not paid. 2) the age when one becomes an adult, which is 18 for most purposes.


    maxims القواعد العليا المتعارف عليها فى الأوساط القانونية و القضائية.

    n. a collection of legal truisms which are used as "rules of thumb" by both judges and lawyers. They are listed in the codified statutes of most states, and include: "When the reason of a rule ceases, so should the rule itself." "He who consents to an act is not wronged by it." "No one can take advantage of his own wrong." "No one should suffer by the act of another." "He who takes the benefit must bear the burden." "For every wrong there is a remedy." "Between rights otherwise equal, the earliest is preferred." "No man is responsible for that which no man can control." "The law helps the vigilant, before those who sleep on their rights." "The law respects form less than substance." "The law never requires impossibilities." "The law neither does nor requires idle acts." "The law disregards trifles." "Particular expressions qualify those which are general." "That is certain which can be made certain." "Time does not confirm a void act." "An interpretation which gives effect is preferred to one which makes void." "Interpretation must be reasonable." "Things happen according to the ordinary course of nature and the ordinary habits of life."


    mayhemالإصابة الجنائية التى تسبب جرح أو عاهة دائمة( سواء بقصد أو بدون قصد) .

    1) n. the criminal act of disabling, disfiguring or cutting off or making useless one of the members (leg, arm, hand, foot, eye) of another either intentionally or in a fight, called maiming. The serious nature of the injury makes mayhem a felony, which is called "aggravated assault" in most states. 2) v. to commit mayhem is to cause gross harm in an uncontrolled fashion.


    mediation التوفيق أو محاولة الصلح بين طرفين.

    n. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration, in which the third party (arbitrator) acts much like a judge in an out-of-court, less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation) and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. However, mediation does not always result in a settlement.


    memorandumمذكرة إيضاحية, فى عقود الشركات , و دساتير المؤسسات و الجمعيات,

    n. 1) a brief writing, note, summary or outline. 2) A "memorandum of decision," or "memorandum opinion," is a brief statement by a judge announcing his/her ruling without detail or giving extensive reasons, which may or may not be followed by a more comprehensive written decision. Such memoranda (plural) are issued by appeals courts in language such as: "The petition of appellant is denied for the reasons stated in Albini v. Younger," or "The decision below is affirmed."


    mens reaالعنصر المعنوى فى الجريمة المرتكبة( مثل القصد الجنائى)

    (menz ray-ah) n. Latin for a "guilty mind," or criminal intent in committing the act.

    intentالقصد, أو النية, أو العزم.

    n. mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent." Example: lack of intent may reduce a charge of manslaughter to a finding of reckless homicide or other lesser crime.


    mental anguishالألم النفسى, مثل الخوف, و الإكتئاب, و الحزن الشديد, و الشعور بمحنة, أو الضياع , .

    n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm. Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one. There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or damage to one's reputation through libel, and therefore damages can be awarded to the distressed party. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding-mental anguish flows naturally (along with the bride's tears) from such a breach.


    mental crueltyالقسوة النفسية أو المعنوية.

    n. a term, rapidly going out of fashion and out of the statutes, which has been used to justify granting a divorce when the state laws required that some wrong had to be found in the defending spouse. In absence of actual physical cruelty (or unwillingness to discuss it) the person wanting the divorce could testify to a list of indignities ("he swore at me, he came home late, he humiliated me in front of friends, he was hateful to my mother, he read girlie magazines," or similar tales told about the wife) which would be verified by a relative or a friend to satisfy the judge that the petitioning spouse would suffer mental harm if the marriage continued and proved that there were grounds for a divorce. As "no-fault" divorce has gained favor, such charades have faded into legal history.


    mental sufferingالمعاناة النفسية.

    n. emotional pain synonymous with "mental anguish."


    mercantile lawالقانون التجارى( بالمعنى الشامل) .

    n. that broad area of the law (also called commercial law), statutes, cases and customs which deal with trade, sales, buying, selling, transportation, contracts and all forms of business transactions. Much of the law of business transactions is covered by the Uniform Commercial Code, which has been adopted almost universally in the United States.


    merchantableفى حالة جيدة تجعله صالح للإستخدام.

    adj. a product of a high enough quality to make it fit for sale. To be merchantable an article for sale must be usable for the purpose it is made. It must be of average worth (not necessarily special) in the marketplace and must not be broken, unworkable, damaged, contaminated or flawed.


    military lawالقانون العسكرى المطبق على أفراد الجيش.


    n. regulations governing the conduct of men and women in the armed services in relation to their military (not civilian) activities.


    ministerial actقرار وزارى .


    n. an act, particularly of a governmental employee, which is performed according to statutes, legal authority, established procedures or instructions from a superior, without exercising any individual judgment.


    minorقاصر, لم يبلغ سن الرشد.


    n. someone under legal age, which is generally 18, except for certain purposes such as drink-ing alcoholic beverages.


    minorityالأقلية( فى عدد الأصوات الإنتخابية ,أو الأقليات الإثنية, كما يقصد بها أيضا ا " حداثة السن" أى عدم البلوغ".


    n. 1) in voting, a side with less than half the votes. 2) a term for people in a predominantly Caucasian country who are not Caucasian, such as the United States where Caucasians comprise the majority and the minorities include African Americans, Hispanics, Asians, indigenous Americans (Indians) and other so-called "people of color." This ironic term is used despite the fact that the majority of the world's population is not Caucasian. Sometimes the term is employed to include women and homosexuals. "Minority" carries with it a certain patronizing tone even when used to assert rights of peoples who have been discriminated against, either socially or by law. 3) the period of life under legal age.


    minutesدقائق أو محضر اجتماع, محضر الجلسة.

    n. 1) the written record of meetings, particularly of boards of directors and/or shareholders of corporations, kept by the secretary of the corporation or organization. 2) the record of courtroom proceedings, such as the start and recess of hearings and trials, names of attorneys, witnesses and rulings of the court, kept by the clerk of the court or the judge. Such court minutes are not a transcript of everything that is said, which is taken down by the court reporter if recorded at all.


  8. #18
    An Oasis Citizen
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    افتراضي


    Miranda warningقراءة حقوق المتهم أثناء القبض عليه, ( فى أمريكا فقط يستعمل هذا التعريف).

    n. the requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial. The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U.S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect?


    misadventureالموت عن طريق حادث غير مقصود( قضاء و قدر).

    n. a death due to unintentional accident without any violation of law or criminal negligence. Thus, there is no crime.


    misappropriationإختلاس أموال الغير.

    n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony (a crime punishable by a prison sentence



    misdemeanorجنحة.أى أقل من جناية.

    n. a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. "High crimes and misdemeanors" referred to in the U.S. Constitution are felonies.


    misfeasanceالإهمال فى الأداء , بدون قصد.

    n. management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from "malfeasance," which is intentional conduct in violation of the law.


    misrepresentationإنتحال شخصية أو صفة بقصد الخداع و الحصول على أموال أو ممتلكات الغير.


    n. the crime of misstating facts to obtain money, goods or benefits of another to which the accused is not entitled. Examples: a person a) falsely claims to represent a charity to obtain a donation which he/she keeps; b) says a painting is a genuine Jackson Pollock when it is a fake and thus is able to sell it for a price much greater than its true value. Misrepresentation is also called "false pretenses."


    mistakeخطأ , خطأ فى فهم القانون .


    n. 1) an error in comprehending facts, meaning of words or the law, which causes one party or both parties to enter into a contract without understanding the obligations or results. Such a mistake can entitle one party or both parties to a rescission (cancellation) of the contract. A mistaken understanding of the law (as distinguished from facts) by one party only is usually no basis for rescission since "ignorance of the law is no excuse." 2) an error discovered to be incorrect at a later time.


    Mistrialخطأ قضائى يستوجب إعادة المحاكمة.

    n. the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury), or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties will "declare a mistrial," dismiss the jury if there is one and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning.


    mitigating circumstancesالظروف و العوامل التى تؤدى إلى تخفيف عقوبة الجريمة.


    n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances.


    mitigation of damagesتخفيف آثار الفعل الخاطئ أو الجريمة, للإقلال من الضرر.

    n. the requirement that someone injured by another's negligence or breach of contract must take reasonable steps to reduce the damages, injury or cost, and to prevent them from getting worse. Thus, a person claiming to have been injured by another motorist should seek medical help and not let the problem worsen. If a tenant moves out before a lease has expired, a landlord must make reasonable attempts to re-let the property and take in some rents (which are credited against the amount remainder of the lease) to mitigate his/her loss.


    modus operandiالنمط الذى يتبعه معتاد ارتكاب جريمة معينة , و قد أشير إلى هذه الكلمة اللاتينيةسابقا . تحت بند M.O.
    (mode-us ah-purr-and-ee or ah-purr-and-eye) n. from Latin, a criminal investigation term for "way of operating," which may prove the accused has a pattern of repeating the same criminal acts using the same method. Examples: a repeat offender always wore a blue ski mask and used a sawed-off shotgun, climbed up trellises to burglarize, pretended to be a telephone repairman to gain entrance or set up phoney companies to disguise a fraudulent scheme.


    molestationالتحرش الجنسى ضد الأطفال,

    n. the crime of sexual acts with children up to the age of 18, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children and variations of these acts by pedophiles. Molestation also applies to incest by a relative with a minor family member and any unwanted sexual acts with adults short of rape.


    monopolyإحتكار .

    إn. a business or inter-related group of businesses which controls so much of the production or sale of a product or kind of product as to control the market, including prices and distribution. Business practices, combinations and/or acquisitions which tend to create a monopoly may violate various federal statutes which regulate or prohibit business trusts and monopolies or prohibit restraint of trade. However, limited monopolies granted by a manufacturer to a wholesaler in a particular area are usually legal, since they are like "licenses." Public utilities such as electric, gas and water companies may also hold a monopoly in a particular geographic area since it is the only practical way to provide the public service, and they are regulated by state public utility commissions


    mootأمر متنازع فيه, أو مثير للنقاش.


    adj. 1) unsettled, open to argument or debatable, specifically about a legal question which has not been determined by any decision of any court. 2) an issue only of academic interest.


    moral certaintyالإقتناع الأخلاقى, أو الأدبى, أوالإفتراضى من جهة القاضى, أو المحلفين إذا تواجدوا .

    n. in a criminal trial, the reasonable belief (but falling short of absolute certainty) of the trier of the fact (jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying "beyond a reasonable doubt." Since there is no exact measure of certainty it is always somewhat subjective and based on "reasonable" opinions of judge and/or jury.


    moratoriumالإمتناع التلقائى الإختيارى عن القيام بأداء معين.

    n. 1) any suspension of activity, particularly voluntary suspension of collections of debts by a private enterprise or by government or pursuant to court order. 2) in bankruptcy, a halt to the right to collect a debt. In times of economic crisis or a natural disaster like a flood or earthquake, there may be a moratorium on foreclosures or mortgage payments until the public can get back to normal activities and earnings.



    mortgageرهن عقارى.

    n. a document in which the owner pledges his/her/its title to real property to a lender as security for a loan described in a promissory note. Mortgage is an old English term derived from two French words "mort" and "gage" meaning "dead pledge." To be enforceable the mortgage must be signed by the owner (borrower), acknowledged before a notary public, and recorded with the County Recorder or Recorder of Deeds. If the owner (mortgagor) fails to make payments on the promissory note (becomes delinquent) then the lender (mortgagee) can foreclose on the mortgage to force a sale of the real property to obtain payment from the proceeds, or obtain the property itself at a sheriff's sale upon foreclosure. However, catching up on delinquent payments and paying costs of foreclosure ("curing the default") can save the property. In some states the property can be redeemed by such payment even after foreclosure. Upon payment in full the mortgagee (lender) is required to execute a "satisfaction of mortgage" (sometimes called a "discharge of mortgage") and record it to clear the title to the property. A purchase-money mortgage is one given by a purchaser to a seller of real property as partial payment. A mortgagor may sell the property either "subject to a mortgage" in which the property is still security and the seller is still liable for payment, or the buyer "assumes the mortgage" and becomes personally responsible for payment of the loan. Under English common law a mortgage was an actual transfer of title to the lender, with the borrower having the right to occupy the property while it was in effect, but non-payment ended the right of occupation. Today only Connecticut, Maine, New Hampshire, North Carolina, Rhode Island and Vermont cling to the common law, and other states using mortgages treat them as liens on the property. More significantly, 14 states use a "deed of trust" (or "trust deed") as a mortgage. These states include: California, Illinois, Texas, Virginia, Colorado, Georgia, Alaska, Arizona, Idaho, Mississippi, Missouri, Montana, North Carolina and West Virginia. Under the deed of trust system title is technically given to a trustee to hold for the lender, who is called a beneficiary.



    motionطلب من الإدعاء, أو الدفاع, مقدم للقاضى, بقصد تأجيل القضية, أو شطبها, أو الإستمرار فيها.

    n. a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted.


    motion for a new trialالتماس من خاسر القضية بإعادة المحاكمة لوجود عيوب أو أخطاء فى الحكم. الصادر

    n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided at the trial. Such a motion is seldom granted (particularly if the judge heard the case without a jury) unless there is some very clear error which any judge would recognize. Some lawyers feel the motion helps add to the record of argument leading to an appeal of the case to an appeals court.










    motive الدافع, أو الباعث .

    n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive is not necessary to prove a crime.






    municipalالإدارات المحلية, البلدية,

    adj. referring to an incorporated or chartered city or town.


    municipal courtأدنى محكمة فى البلدة, أو القرية, و التى تقوم بالنظر فى القضايا الغير هامة جنائيا, أو ماليا.

    n. a lower court which usually tries criminal misdemeanors and civil lawsuits involving lesser amounts of money than superior, district or county courts. The authority, importance and geographical area covered differ from state to state. In California, municipal courts have county-wide jurisdiction, try misdemeanor criminal cases, conduct preliminary hearings of felonies and try cases up to $25,000, while in many states they only handle cases arising out of violations of city ordinances, traffic and/or small claim


    murderالقتل العمد , سبق الإصرار و الترصد, بدون حق شرعى.

    n. the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way) and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing (kidnapping) or the death of a police officer or prison guard, or it was as an incident to another crime (as during a hold-up or rape), to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others (such as firing a gun into a crowd or bashing someone with any deadly weapon). Depending on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime. Example: In a liquor store stick-up in which the clerk shoots back at the hold-up man and kills a bystander, the armed robber can be convicted of at least second degree murder. A charge of murder requires that the victim must die within a year of the attack. Death of an unborn child who is "quick" (fetus is moving) can be murder, provided there was premeditation, malice and no legal authority. Thus, abortion is not murder under the law. Example: Jack Violent shoots his pregnant girlfriend, killing the fetus. Manslaughter, both voluntary and involuntary, lacks the element of malice aforethought.


    mutual متبادل.

    adj., adv. referring to anything in which both parties have reciprocal rights, understanding or agreement.


    mutual wills وصايا تبادلية .

    n. wills made by two people (usually spouses, but could be "partners") in which each gives his/her estate to the other, or with dispositions they both agree upon. A later change by either is not invalid unless it can be proved that there was a contract in which each makes the will in the consideration for the other person making the will.

  9. #19
    An Oasis Citizen
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    افتراضي

    natural law
    n. 1) standards of conduct derived from traditional moral principles (first mentioned by Roman jurists in the first century A.D.) and/or God's law and will. The biblical ten commandments, such as "thou shall not kill," are often included in those principles. Natural law assumes that all people believe in the same Judeo-Christian God and thus share an understanding of natural law premises. 2) the body of laws derived from nature and reason, embodied in the Declaration of Independence assertion that "all men are created equal, that they are endowed by their creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of happiness." 3) the opposite of "positive law," which is created by mankind through the state.

    natural person
    n. a real human being, as distinguished from a corporation, which is often treated at law as a fictitious person.


    necessaryشيئ ضرورى, أو هناك حاجة له.
    adj., adv. 1) essen- tial. 2) less forcefully, it can mean convenient, useful or making good sense.


    necessary inferenceإستنتاج ضرورى و منطقى.
    n. 1) a conclusion militated by reason and logic applied to known facts. 2) unavoidable meaning.


    negligenceإهمال, فشل فى الحرص على حقوق الآخرين. تراخى فى تنفيذ الإلتزامات الأدبية و القانونية..
    n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states (Alabama, North Carolina, South Carolina, Tennessee, Virginia, Maryland) and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in 16 states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Nine states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages caused by a driver given permission to use the car, whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of litigation (along with contract and business disputes) in the United States


    negligence per seإهمال يستوجب عقوبة بغض النظر عن أسباب الإهمال( مثل القيادة زيادة عن السرعة. القانونية),
    (purr say) n. negligence due to the violation of a public duty, such as high speed driving.


    negligentمهمل, الفشل فى أداء عمل.
    adj., adv. careless in not fulfilling responsibility.


    negotiable instrumentمستندات و صكوك مالية ممكن تداولها.
    n. check, promissory note, bill of exchange, security or any document representing money payable which can be transferred to another by handing it over (delivery) and/or endorsing it (signing one's name on the back either with no instructions or directing it to another, such as "pay to the order of Pamela Townsend").


    negotiation التفاوض, نقل الحقوق و الأوراق المالية إلى آخر بمقابل نقدى.
    n. 1) the transfer of a check, promissory note, bill of exchange or other negotiable instrument to another for money, goods, services or other benefit. 2) give-and-take discussion or conference in an attempt to reach an agreement or settle a dispute.


    next friendشخص يقبل أن يقف فى صف شخص آخر لمساعدته قانونيا, فى حالة عدم قدرة هذا الشخص الآخر التصرف.
    n. a person (often a relative) who voluntarily helps a minor or incompetent in legal matters, particularly by filing a lawsuit. However, this informal practice has been supplanted in almost all states by petitions for appointment of a guardian ad litem at the time the lawsuit is filed.


    next of الأقارب اللصقاء لتارك الوصية.
    n. 1) the nearest blood relatives of a person who has died, including the surviving spouse. 2) anyone who would receive a portion of the estate by the laws of descent and distribution if there is no will.


    nil لا شيئ, أو " صفر".
    n. from Latin nihil, nothing or zero.


    nisi prius كلمة لاتينية بقصد بها " محكمة أول درجة".
    : (nee-see pree-us) adj. Latin for "unless first," in some jurisdictions it means the original trial court which heard a case as distinguished from a court of appeals, as in court nisi prius. "Court of original jurisdiction" is often substituted for the term nisi prius.


    no contest بند يتحدى الطعن فى الوصية, بمعنى أن المتحدى , إذا لم ينجح تحديه, لن يحصل على أى هبة مذكورة فى الوصية
    n. in criminal law, a defendant's plea in court that he/she will not contest the charge of a particular crime, also called nolo contendere. While technically not an admission of guilt for commission of the crime, the judge will treat a plea of "no contest" as such an admission and proceed to find the defendant guilty as charged. A "no contest" plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. "No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime). It is standard practice for the judge to ask either the attorneys or the defendant, "Is there a factual basis for the plea?" before accepting it and finding the defendant guilty.


    no fault divorceطلاق لا يتوقف على إثبات خطأ أحد الطرفين, يكفى إثبات نية االطلاق بسبب الخلافات.
    n. divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to "fight" a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse. Increasingly popular since the 1960s, no fault divorce is in effect in every state except Illinois and South Dakota.


    nolle prosequiقرار المدعى العام بعدم المضى فى إجراءات الإتهام( لن أستمر)
    (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim or the district attorney has become convinced the accused is innocent. Understandably, usage of the phrase is rare. In the 1947 courtroom movie, Boomerang! the climactic moment arrived when the District Attorney himself proved the accused person innocent and declared nolle prosequi.


    nolo contendereالطرف لن " يجادل", أى تقريبا إقرار بالذنب أو الخطأ .
    (no-low kahn-ten-durr-ray) n. Latin for "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty, often called a "plea of no contest."


    nominal damagesتعويض رمزى أو إسمى فقط.
    n. a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm. The most famous case of nominal damages was when Prime Minister Winston Churchill was awarded a shilling (about 25 cents) in a libel lawsuit he had brought against author Louis Adamic for writing that Churchill had been drunk during a dinner at the White House. The Prime Minister was vindicated, but the jury could not find that his towering reputation had been damaged.


    nominal party طرف شكلى فى القضية, يتم اللجوء إليه لأسباب شكلية.
    n. a defendant or a plaintiff included in a lawsuit because of a technical connection with the matter in dispute, and necessary for the court to decide all issues and make a proper judgment, but with no responsibility, no fault and no right to recovery. Example: suing an escrow holder or trustee who is holding a title to real property or deposited funds but has no interest in the property, funds or the lawsuit. Thus the court can order the nominal defendant to transfer title or pay out the funds when the rights of the real parties are decided.


    nomineeشخص يتم اختياره لمساندة أو مساعدة أحد أطراف النزاع. الشخص المرشح أو المسند إليه هذه المهمة.
    n. 1) a person or entity who is requested or named to act for another, such as an agent or trustee. 2) a potential successor to another's rights under a contract. Example: In a real estate purchase agreement, Bob Buyer agrees to purchase the property, but provides that title (legal ownership) will be granted to "Bob Buyer or nominee," so that Buyer can sell his rights to another person before the deal closes, or because Buyer is really acting for someone else. 3) the executor proposed by a person in a will is a nominee until officially appointed by the judge after the testator (will writer) has died, and the will is submitted for probate (administration of the estate). 4) a person chosen by convention, petition or primary election to be a candidate for public office.


    non compos mentisشخص فاقد لقواه العقلية, أو ناقص الأهلية, أو مخبول.
    : (nahn com-pose meant-is) adj. referring to someone who is insane or not mentally competent to conduct one's affairs.


    non sequiturغير منطقى, لا يتمشى مع بقية الأحداث.
    : (nahn sek [as in heck]-kwit-her) n. Latin for "it does not follow." The term usually means that a conclusion does not logically follow from the facts or law, stated: "That's a non sequitur."


    non-conforming useعقار استعماله غير مطابق للوائح.
    n. the existing use (residential, commercial, agricultural, light industrial, etc.) of a parcel of real property which is zoned for a more limited or other use in the city or county's general plan. Usually such use is permitted only if the property was being so used before the adoption of the zoning ordinance which it violates. Example: a corner parcel has been used for a gasoline station for years, and now the city has zoned the entire area as residential (for homes only). The non-conforming use will be allowed as "grandfathered in," but if the station is torn down the only use would be residential.


    non-feasance فشل الوكيل فى القيام بالوكالة على خير وجه.
    n. the failure of an agent (employee) to perform a task he/she has agreed to do for his/her principal (employer), as distinguished from "misfeasance" (performing poorly) or "malfeasance" (performing illegally or wrongly).


    non-profit corporationمؤسسة تقوم بأعمال معينة و لا تحقق ربحا.
    n. an organization incorporated under state laws and approved by both the state's Secretary of State and its taxing authority as operating for educational, charitable, social, religious, civic or humanitarian purposes. A non-profit corporation (also called "not for profit corporation") is formed by incorporators, has a board of directors and officers, but no shareholders. These incorporators, directors and officers may not receive a distribution of (any money from) profits, but officers and management may be paid reasonable salaries for services to the corporation. Upon dissolution of a nonprofit corporation its assets must be distributed to an organization existing for similar purposes under the "cy pres doctrine." In order for contributions to the corporation to be deductible as charitable gifts on federal income taxes, the corporation must submit a detailed application (with a substantial fee) for an Internal Revenue Service ruling that it is established for one of the specific nonprofit purposes spelled out in the Internal Revenue Code. Informational tax returns must be filed annually with the IRS and the state taxing body. In addition, the state Attorney General may have oversight powers to determine if the corporation is abiding by state laws by limiting its activities to its approved non-profit purposes and not milking the corporation for disguised profits.


  10. #20
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
    رقم العضوية : 6695
    تاريخ التسجيل : Oct 2008
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    افتراضي





    non-suitقرار من القاضى بان الدعوى لا تستحق النظر لعدم كفاية الأدلة..
    n. a ruling by the judge in a lawsuit either when the plaintiff (the party who filed the suit) does not proceed to trial at the appointed time or has presented all his/her/its evidence and, in the judge's opinion, there is no evidence which could prove the plaintiff's case. A non-suit terminates the trial at that point and results in a dismissal of the plaintiff's case and judgment for the defendant


    not guilty غير مذنب, قرار المحلفين, أو القاضى, أو إدعاء المتهم نفسه عند توجيه التهمة إليه.
    n. 1) plea of a person who claims not to have committed the crime of which he/she is accused, made in court when arraigned (first brought before a judge) or at a later time set by the court. The choices of what one can plea are: guilty, not guilty, no contest, not guilty by reason of insanity, or incompetent to stand trial. 2) verdict after trial by a judge sitting without a jury or by a jury (unanimous decision in all but two states, which allow a verdict by only 10 of 12 jurors), stating that the prosecution has not proved the defendant guilty of a crime or that it believes the accused person was insane at the time the crime was committed. The accused cannot be tried again for the crime charged.


    not guilty by reason of insanityغير مذنب بسبب الجنون, أو فقدان القوى العقلية.
    n. plea in court of a person charged with a crime who admits the criminal act, but whose attorney claims he/she was so mentally disturbed at the time of the crime that he/she lacked the capacity to have intended to commit a crime. Such a plea requires that the court set a trial on the issue of insanity alone either by a judge sitting without a jury or by a jury. A finding of insanity will result in a verdict of "not guilty," but, if the condition still exists, it may result in incarceration in a mental facility for the criminally insane or confinement in a mental hospital. If the insanity no longer exists (temporary insanity), the judge has the option to require some psychological therapy, but the treatment varies from state to state. This is not the same as insane at time of trial and thus incompetent to stand trial, which will postpone trial (in all likelihood forever) pending recovery while the defendant is confined to a mental facility.


    notary publicالموثق العام, ( كاتب العدل)
    n. a person authorized by the state in which the person resides to administer oaths (swearings to truth of a statement), take acknowledgments, certify documents and to take depositions if the notary is also a court reporter. The signature and seal or stamp of a notary public is necessary to attest to the oath of truth of a person making an affidavit and to attest that a person has acknowledged that he/she executed a deed, power of attorney or other document, and is required for recording in public records. The Secretary of State of each state appoints notaries public for a specified term of years. A notary public must see proof of identity (e.g. driver's license) of those swearing and keep an official journal of documents notarized. The authority is good only in the state which appoints the notary.


    noticeإشعار أو تنبيه أو إعلان على يد محضر.
    n. 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle of fairness and due process in legal procedure and must be given to both parties, to all those affected by a lawsuit or legal proceeding, to the opposing attorney and to the court. In short, neither a party nor the court can operate in secret, make private overtures or conceal actions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court. Thereafter, if a party is represented by an attorney, notice can usually be given to the attorney by mail. If there is a so-called ex parte hearing (an emergency session with a judge with only the requesting party or his/her attorney present) the party wanting the hearing must make a diligent attempt to give notice to the other party. A court may allow "constructive" notice by publication in an approved legal newspaper of a summons in a lawsuit. Examples: in a divorce action, publication gives constructive notice to a spouse known to have left the state or hiding to avoid service; in a quiet title action, notice by publication is given to alert unknown descendants of a dead person who may have had an interest in the real property which is the subject of a lawsuit. Recordation of deeds, mortgages, deeds of trust, easements, leases and other documents affecting real property title give "constructive" notice to the general public, and thus "constructive" notice to anyone interested in the property, without delivering notice to individuals. 2) a writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose, notice to pay rent or quit (leave) or other notice required by the agreement, mortgage, deed of trust or statute. 3) information. 4) being informed of a fact, or should have known based on the circumstances, as "he had notice that the roof was not water-tight."


    notice of defaultإخطار المدين بأنه تأخر فى السداد.
    n. a notice to a borrower with property as security under a mortgage or deed of trust that he/she is delinquent in payments. If the delinquency (money owed and late), plus costs of preparing the legal papers for the default, are not paid within a certain time, foreclosure proceedings may be commenced. Other people with funds secured by the same property are usually entitled to receive copies of the notice of default.


    notice to quitإخطار المستأجر بلإخلاء.
    n. the notice given by a landlord (owner) to a tenant to leave the premises (quit) either by a certain date (usually 30 days) or to pay overdue rent or correct some other default (having pets, having caused damage, too many roommates, using the property for illegal purposes, etc.) within a short time (usually three days). A notice to quit must contain certain information, such as: names of the persons to leave, whether their tenancy is by written or oral agreement, an amount of any financial delinquency and the period it covers, and to whom they should surrender the premises. If the tenant is month-to-month, a notice to quit without reference to default usually requires no reason. Although state laws vary, generally the notice must be served personally on the tenant or posted in a prominent place like the front door with a copy sent by certified mail. Such notice and failure of the tenant to quit (leave) is a requirement to bring a lawsuit for unlawful detainer (often referred to as "eviction").


    notorious possessionالتصرف فى العقار كما لو كان صاحبه.
    n. occupation of real property or holding personal property in a way which anyone can observe is as if the person is the owner.


    novationإتفاق على العقد القديم بعقد جديد.
    n. agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. While voluntary, a novation is often the only way any funds can be paid.


    noxiousمؤذى للصحة, بغيض.
    adj. harmful to health, often referring to nuisances.


    nugatoryعديم القيمة, تافه,
    adj. of no force or effect; invalid. Example: a statute which is unconstitutional is a nugatory law.


    nuisanceإزعاج, عادة يكون مخالفا للقانون, أو غير مقبول, من الجار.
    n. the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and a host of bothersome activities. Where illegal they can be abated (changed, repaired or improved) by criminal or quasi-criminal charges. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity (such as closing down an activity in the evening).


    nullity بطلان الزواج, و اعتباره لم يحدث, و يتم الإلغاء.
    n. something which may be treated as nothing, as if it did not exist or never happened. This can occur by court ruling or enactment of a statute. The most common example is a nullity of a marriage by a court judgment.


    nunc pro tuncقرار بأثر رجعى, و يسرى على فترة من الماضى.
    (nuhnk proh tuhnk) adj. Latin for "now for then," this refers to changing back to an earlier date of an order, judgment or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). Examples: a court clerk fails to file an answer when he/she received it, and a nunc pro tunc date of filing is needed to meet the legal deadline (statute of limitations); a final divorce judgment is misdirected and, therefore, not signed and dated until the day after the re-marriage of one of the parties-the nunc pro tunc order will prevent the appearance or actuality of a bigamous marriage.

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