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الموضوع: معجم المصطلحات القانونية باللغة الإنجليزية

  1. #41
    An Oasis Citizen
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    افتراضي

    statutory rapeالإغتصاب القانونى, ممارسة الجنس مع قاصر برضاها يعتبر إغتصاب قانوني.
    n. sexual intercourse with a female below the legal age of consent but above the age of a child, even if the female gave her consent, did not resist and/or mutually participated. In all but three states the age of consent is 18, and the age above which the female is no longer a child varies, although 14 is common. The theory of statutory rape is that the girl is incapable of giving consent, although marriage with a parent's consent is possible in many states at ages as low as 14. Intercourse with a female child (below 14 or whatever the state law provides) is rape, which is a felony. Increasingly statutory rape is not charged when there is clear consent by the female, particularly when the girl will not cooperate in a prosecution. Controversy continues over what constitutes "resistance" or "consent," particularly when some men insist a woman who said "no" really meant "yes."



    stayقرار من المحكمة لإعطاء المدين فرصة لسداد ديونه.
    n. a court-ordered short-term delay in judicial proceedings to give a losing defendant time to arrange for payment of the judgment or move out of the premises in an unlawful detainer case



    stay away orderأمر قضائى لشخص بعدم الإتصال, أو التواصل مع شخص آخر.
    n. a court order that a person may not come near and/or contact another



    stay of executionقرار إيقاف تنفيذ حكم الإعدام مؤقتا.
    n. a court-ordered delay in inflicting the death penalty.



    stipulationتعاقد بين طرفى النزاع, أو ممثليهما, يمكن شفويا, لكن المحكمة تفضل تقيم مستند.
    n. an agreement, usually on a procedural matter, between the attorneys for the two sides in a legal action. Some stipulations are oral, but the courts often require that the stipulation be put in writing, signed and filed with the court.


    stockالمخزون من السلع, نصيب الشريك, البهائم, يجهز بضائع للبيع.
    1) n. inventory (goods) of a business meant for sale (as distinguished from equipment and facilities). 2) share in the ownership of a corporation (called "shares of stock" or simply "shares"). 3) cattle. 4) v. to keep goods ready for sale in a business



    stockholderالحائز على أسهم شركة, حامل السندات.
    n. shareholder in a corporation.



    stop and frisk إستوقف, و فتش, مهمة الشرطة فى حالات الإشتباه.
    n. a law enforcement officer's search for a weapon confined to a suspect's outer clothing when either a bulge in the clothing or the outline of the weapon is visible. The search is commonly called a "pat down," and any further search requires either a search warrant or "probable cause" to believe the suspect will commit or has committed a crime (including carrying a concealed weapon, which itself is a crime). The limited right to "stop and frisk" is intended to halt the practice of random searches of people in hopes of finding evidence of criminal activity or merely for purposes of intimidation, particularly of minorities



    straw manالمالك على الورق, رجل من القش, , و لا يملك أية سلطات تصرفية.
    n. 1) a person to whom title to property or a business interest is transferred for the sole purpose of concealing the true owner and/or the business machinations of the parties. Thus, the straw man has no real interest or participation but is merely a passive stand-in for a real participant who secretly controls activities. Sometimes a straw man is involved when the actual owner is not permitted to act, such as a person with a criminal record holding a liquor license. 2) an argument which is intended to distract the other side from the real issues or waste the opponent's time and effort, sometimes called a "red herring" (for the belief that drawing a fish across a trail will mislead hunting dogs).



    streetشارع,
    n. a roadway in an urban area, owned and maintained by the municipality for public use. A private road cannot be a street.



    strict liabilityالمسئولية التى لا تحتاج إثبات إهمال أو خطأ.مثل سقوط شجرة على ممتلكات الجار.
    n. automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable.


    strikeيشطب, يلغى, إضراب عن العمل.
    1) v. to remove a statement from the record of the court proceedings by order of the judge due to impropriety of a question, answer or comment to which there has been an objection. Often after a judge has stricken some comment or testimony (an answer made before an objection has stopped the witness), he/she admonishes (warns) the jury not to consider the stricken language, but the jury has a hard time forgetting since "a bell once rung cannot be unrung." 2) v. to order that language in a pleading (a complaint or an answer, for example) shall be removed or no longer be of any effect, usually after a motion by the opposing party and argument, on the basis that the language (which may be an entire cause of action) is not proper pleading, does not state a cause of action (a valid claim under the law) or is not in proper form. 3) n. the organized refusal of workers to remain on the job, usually accompanied by demands for a union contract, higher wages, better conditions or other employee desires, and possibly including a picket line to give voice to workers' demands and discourage or intimidate other workers and customers from entering the business, factory or store.




    structureبناء, أى شيئ مشيد,
    n. anything built by man/woman, from a shed to a highrise or a bridge.



    sua sponteكلمة لاتينية تعنى: بإرادته المنفردة, و يقصد بذلك القاضى.
    : (sooh-uh spahn-tay) adj. Latin for "of one's own will," meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case. These include an order transferring a case to another judge due to a conflict of interest or the judge's determination that his/her court does not have jurisdiction over the case.



    subcontractorمقاول من الباطن.
    n. a person or business which has a contract (as an "independent contractor" and not an employee) with a contractor to provide some portion of the work or services on a project which the contractor has agreed to perform. In building construction, subcontractors may include such trades as plumbing, electrical, roofing, cement work and plastering. If a subcontractor is not paid for his/her work, he/she has the right to enforce a "mechanic's lien" on the real property upon which the work was done to collect.



    subject to يتوقف على .
    adj. referring to the acquisition of title to real property upon which there is an existing mortgage or deed of trust when the new owner agrees to take title with the responsibility to continue to make the payments on the promissory note secured by the mortgage or deed of trust. Thus, the new owner (grantee) buys the property "subject to" secured debt. However, should the new owner fail to pay, the original debtor will be liable for the payment, but the holder of the mortgage or beneficiary of the deed of trust may foreclose and the buyer could thus lose title. This differs from the new title holder "assuming" the mortgage or deed of trust by a written transfer of the obligation. Such a transfer must be approved by the lender, since the new owner's credit may or may not be as strong as the original owner/borrower's.



    subleaseتأجير من الباطن.
    n. the lease to another of all or a portion of premises by a tenant who has leased the premises from the owner. A sublease may be prohibited by the original lease, or require written permission from the owner. In any event, the original tenant (lessee) is still responsible for paying the rent to the owner (landlord/lessor) through the term of the original lease and sublease.



    submittedيسلم, يخضع, يوافق.
    n. the conclusion of all evidence and argument in a hearing or trial, leaving the decision in the hands of the judge. Typically the judge will ask the attorneys after final arguments: "Is it submitted?" If so, no further argument is permitted.



    subordinationالخضوع, التسليم,
    n. allowing a debt or claim which has priority to take second position behind another debt, particularly a new loan. A property owner with a loan secured by the property who applies for another loan to make additions or repairs usually must get a subordination of the original loan so the new obligation is in first place. A declaration of homestead must always be subordinated to a loan.



    subpenaأمر بإحضار شاهد للمحكمة فى وقت معين.
    (subpoena): (suh-pea-nah) n. an order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a "subpena duces tecum"). A subpena is used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at trial. Subpenas are usually issued automatically by the court clerk but must be served personally on the party being summoned. Failure to appear as required by the subpena can be punished as contempt of court if it appears the absence was intentional or without cause.

    الساكت عن الحق شيطان أخرس,

    مع تحيات ياسر عبد المجيد

  2. #42
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    افتراضي

    subrogationإحلال دائن بدائن آخر.
    n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.



    subscribe يشترك, يوقع, يوافق.
    v. 1) to sign at the end of a document. The courts have been flexible in recognizing signatures elsewhere on a contract or will, on the theory that a document should be found valid if possible. 2) to order and agree to pay for an issue of stock, bonds, limited partnership interest, investment or periodical magazine or newspaper.



    substantive law القانون الجوهرى, أو الأهم.
    n. law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted.



    substitute inقيام محام بأداء مهمة محام آخر, و يجب أن توافق المحكمة على هذا الاستبدال.
    v. to take over a case from another lawyer, which must be confirmed by a written statement filed with the court.



    substitutionإستبدال شخص بآخر.
    n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona).



    substitution of attorneyوثيقة استبدال محام بآخر , أو الزبون نفسه, موقع عليها من الطرفين.
    n. a document in which the party to a lawsuit states that his/her attorney of record is being substituted for by another attorney or by the party acting for himself/herself (in propria persona). Normally the departing attorney and the replacement attorney will both sign the document, agreeing to the substitution, but only the new attorney need agree, since a party may replace counsel at any time.



    successionقوانين الوراثة.
    n. the statutory rules of inheritance of a dead person's estate when the property is not given by the terms of a will, also called laws of "descent and distribution."



    successive sentencesالعقوبات المتوالية, أو المتعاقبة.
    n. in criminal law, the imposition of the penalty for each of several crimes, one after the other, as compared to "concurrent sentences" (at the same time). Example: Carl Convict has been found guilty of manslaughter, assault with a deadly weapon and armed robbery, for which the maximum sentences are 15 years, 10 years and 10 years, respectively. By imposing successive sentences, the judge adds the terms together and sentences Convict to 35 years. Had the judge made the sentences concurrent, the maximum total would be 15 years.



    sufferingألم, معاناة, أو الإحساس بالإحراج, نتيجة إصابة , او جرح,
    n. the pain, hurt, inconvenience, embarrassment and/or inability to perform normal activities as a result of injury, usually in the combination "pain and suffering," for which a person injured by another's negligence or wrongdoing may recover "general damages" (a money amount not based on specific calculation like medical bills but as compensation for the suffering which is subjective and based on the empathy of the trier of the facts-jury or judge sitting without a jury).



    sui generisوحيد من نوعه, فريد.
    (sooh-ee jen-ur-iss) n. Latin for "one of a kind," unique.



    suicideجريمة نية إرتكاب إنتحار.
    n. the intentional killing of oneself. Ironically, in most states suicide is a crime, but if successful there is no one to punish. However, attempted suicide can be a punishable crime (seldom charged against one surviving the attempt). "Assisted suicide" is usually treated as a crime, either specifically (as in Michigan) or as a form of homicide (second degree murder or manslaughter), even when done as a kindness to a loved one who is terminally ill and in great pain.



    suitقضية, أو التماس قضائى.
    n. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity."



    sum certainمبلغ محدد مذكور فى عقد.
    n. a specific amount stated in a contract or negotiable instrument (like a promissory note) at the time the document is written. A sum certain does not require future calculation or the awaiting of future happenings. Example: "Wanda Williams will pay Wilma Jackson $10,000 for redecorating her house, including all costs," is a sum certain as compared to "Williams will pay Jackson for time (at the rate of $50 an hour) and costs of materials for redecoration of Williams' house."



    summary judgment حكم موجز, أو مختصر.
    n. a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. The theory behind the summary judgment process is to eliminate the need to try settled factual issues and to decide without trial one or more causes of action in the complaint. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom the motion is made.



    summationالمرافعة الختامية فى القضية قبل صدور الحكم.
    n. the final argument of an attorney at the close of a trial in which he/she attempts to convince the judge and/or jury of the virtues of the client's case.



    summonsأمر استدعاء إلى المحكمة.
    n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear.



    Superior Courtمحكمة عليا .
    n. the name used in 16 states for the basic county trial court.



    supplementalإضافى, تكميلى.
    adj. referring to anything that is added to complete something, particularly a document, such as a supplemental declaration, supplemental complaint, supplemental answer, supplemental claim.



    suppression of evidenceإخفاء أدلة, أمر من القاضى بعدم سماع دليل فى القضية.
    n. 1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. 2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.



    supraما تمت الإشارة إليه عاليه ( لاتينى) .
    (sooh-prah) Latin for "above," in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus a case when first cited will be referred to as Guinn v. United States, (1915) 238 U.S. 347, meaning it can be found in volume 238 of the U.S. Reports (of the Supreme Court) at page 347 and was decided in 1915. The next time the case is cited as Guinn v. United States, supra.


  3. #43
    An Oasis Citizen
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    افتراضي

    supremacy clauseالمادة الخاصة بسيادة الدولة فى الدستور الأمريكى( م. 71) .
    n. Article VI, section 2 of the U.S. Constitution, which reads: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." Thus a Supreme Court ruling can be binding on state courts if involving a constitutional issue.



    Supreme Courtأعلى محكمة فى النظام القضائى.
    n. 1) the highest court in the United States, which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on federal statutes, between citizens of different states, and when the federal government is a party. The court is made up of nine members appointed for life by the President of the United States, with confirmation required by the Senate. One of the nine is the Chief Justice (appointed by the President if there is a vacancy), and the others are Associate Justices. 2) the ultimate appeals court in every state except Maryland and New York (which call the highest court the Court of Appeals). 3) in New York a Supreme Court is a basic trial court much like a superior, county or district court in other states.



    surchargeضريبة إضافية.
    n. an additional charge of money made because it was omitted in the original calculation or as a penalty, such as for being late in making a payment.



    suretyالضامن للكفالة, و عليه الدفع إذا اختفى المضمون,
    n. a guarantor of payment or performance if another fails to pay or perform, such as a bonding company which posts a bond for a guardian, an administrator or a building contractor. Most surety agreements require that a person looking to the surety (asking for payment) must first attempt to collect or obtain performance from the responsible person or entity.



    surplusage حشو لفظى.
    n. a term used in analyzing legal documents and pleadings to refer to wording or statements which have no legal effect and, therefore, can be ignored.



    surrebutalدفع شفوى, و يحتاج الكتابة أحيانا.
    n. in written or oral legal argument, the response to the other party's response (rebuttal) to the initial argument. In written briefs most courts will not allow more than a single surrebutal. The rule is usually the same for oral argument. However, occasionally the parties joust back and forth until the judge stops the debate.



    surrenderيتنازل عن , أو يسلم عقار, سواء اختياريا, أو بناء على طلب.
    v. 1) to turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) to give oneself up to law enforcement officials.



    surrogateمن يعمل نيابة عن شخص آخر. صفة تمنح للقاضى فى قضايا التركات.
    n. 1) a person acting on behalf of another or a substitute, including a woman who gives birth to a baby of a mother who is unable to carry the child. 2) a judge in some states (notably New York) responsible only for probates, estates and adoptions.



    surrogate courtمحكمة التركات ( فى بعض الولايات) .
    n. a court in a few states (including New York) with jurisdiction over probates, estates and adoptions.



    survivor الشخص الذى يظل حيا بعد وفاة مورثه و يكون مذكورا فى الوصية.
    n. a person who outlives another, as in "to my sons, Arnold and Zeke, or the survivor." The survivor is determined at the time the asset or property is received, so if both sons are alive they are both survivors.



    suspended sentenceعقوبة مع إيقاف التنفيذ.
    n. in criminal law, a penalty applied by a judge to a defendant convicted of a crime which the judge provides will not be enforced (is suspended) if the defendant performs certain services, makes restitution to persons harmed, stays out of trouble or meets other conditions. Should the sentenced party fail to follow these requirements, then the suspended sentence may be enforced.



    sustain موافقة القاضى على مطلب من الإدعاء أو الدفاع, مع اعتراض الطلرف الآخر,
    v. in trial practice, for a judge to agree that an attorney's objection, such as to a question, is valid. Thus, an attorney asks a witness a question, and the opposing lawyer objects, saying the question is "irrelevant, immaterial and incompetent," "leading," "argumentative," or some other objection. If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will "overrule" the objection.



    swearالقسم القانونى, الحلافان.
    v. 1) to declare under oath that one will tell the truth (sometimes "the truth, the whole truth and nothing but the truth"). Failure to tell the truth and do so knowingly is the crime of perjury. 2) to administer an oath to a witness that he/she will tell the truth, which is done by a notary public, a court clerk, a court reporter or anyone authorized by law to administer oaths. 3) to install into office by administering an oath. 4) to use profanity.



    swindleيغش, أو يخدع, أو يحتال.
    v. to cheat through trick, device, false statements or other fraudulent methods with the intent to acquire money or property from another to which the swindler is not entitled. Swindling is a crime as one form of theft.



    syndicateنقابة أو رابطة.
    n. a joint venture among individuals and/or corporations to accomplish a particular business objective, such as the purchase, development and sale of a tract of real property, followed by division of the profits. A joint venture, and thus a syndicate, is much like a partnership, but has a specific objective or purpose, after the completion of which it will dissolve


  4. #44
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    افتراضي

    tainted evidenceدليل فاسد, تم الحصول عليه بطريقة غير قانونية, أو ناتج عن تفتيش غير قانونى
    n. in a criminal trial, information which has been obtained by illegal means or has been traced through evidence acquired by illegal search and/or seizure. This evidence is called "fruit of the poisonous tree" and is not admissible in court.



    Takeيأخذ, يحصل على هبة من وصية, يمتلك, يسرق.
    v. to gain or obtain possession, including the receipt of a legacy from an estate, getting title to real property or stealing an object.



    taking the Fifthرفض الشاهد الرد على سؤال, لأن الإجابة ستدينه, و رد هذا فى التعديل الخامس للدستور الأمريكى.
    n. the refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime, based on the Fifth Amendment to the Constitution, which provides that "No person…shall be compelled to be a witness against himself," applied to state courts by the 14th Amendment. The term became famous during televised Senate committee hearings on organized crime in 1951, when a series of crime bosses "took the Fifth."



    tangible propertyملكية حقيقية, مادية, ملموسة,
    n. physical articles (things) as distinguished from "incorporeal" assets such as rights, patents, copyrights and franchises. Commonly tangible property is called "personalty."



    tax ضريبة, جمارك, رسوم.
    n. a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right and/or income. These include federal and state income taxes, county and city taxes on real property, state and/or local sales tax based on a percentage of each retail transaction, duties on imports from foreign countries, business licenses, federal tax (and some states' taxes) on the estates of persons who have died, taxes on large gifts and a state "use" tax in lieu of sales



    tax evasionالتهرب من سداد الضرائب.
    n. intentional and fraudulent attempt to escape payment of taxes in whole or in part. If proved to be intentional and not just an error or difference of opinion, tax evasion can be a chargeable federal crime. Evasion is distinguished from attempts to use interpretation of tax laws and/or imaginative accounting to reduce the amount of payable tax.



    tax return إستمارة التقدم بالإقرار الضريبى .
    n. the form to be filed with a taxing authority by a taxpayer which details his/her/their income, expenses, exemptions, deductions and calculation of taxes which are chargeable to the taxpayer.



    tax saleبيع ملكية المدين لمصلحة اللضرائب بالمزاد العلنى.
    n. an auction sale of a taxpayer's property conducted by the federal government to collect unpaid taxes.



    temporary injunctionإنذار قضائى نؤقت بوقف تصرف معين, أو الإمتناع عن فعل شيئ.
    n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a hearing, at which time a temporary injunction may be ordered to be in force until trial. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or change before the legal questions are determined. After the trial the court may issue a "permanent injunction" (making the temporary injunction a lasting rule) or "dissolve" (cancel) the temporary injunction.



    temporary insanityجنون وقتى. مؤقت. حدث وقت ارتكاب الجريمة فقط.
    n. in a criminal prosecution, a defense by the accused that he/she was briefly insane at the time the crime was committed and therefore was incapable of knowing the nature of his/her alleged criminal act. Temporary insanity is claimed as a defense whether or not the accused is mentally stable at the time of trial. One difficulty with a temporary insanity defense is the problem of proof, since any examination by psychiatrists had to be after the fact, so the only evidence must be the conduct of the accused immediately before or after the crime. It is similar to the defenses of "diminished capacity" to understand one's own actions, the so-called "Twinkie defense," the "abuse excuse," "heat of passion" and other claims of mental disturbance which raise the issue of criminal intent based on modern psychiatry and/or sociology. However, mental derangement at the time of an abrupt crime, such as a sudden attack or crime of passion, can be a valid defense or at least show lack of premeditation to reduce the degree of the crime.



    tenancy إستئجار, العين المؤجرة ,
    n. the right to occupy real property permanently, for a time which may terminate upon a certain event, for a specific term, for a series of periods until cancelled (such as month-to-month), or at will (which may be terminated at any time). Some tenancy is for occupancy only as in a landlord-tenant situation, or a tenancy may also be based on ownership of title to the property.


    tenancy at will إخلاء العين المؤجرة من شاغلها فى خلال مدة محددة .
    n. occupation of real property owned by another until such time as the landlord gives notice of termination of the tenancy (usually 30 days by state law or agreement), which may be given at any time. A tenancy at will is created by agreement between the tenant and the landlord, but it cannot be transferred by the tenant to someone else since the landlord controls the right to occupy



    tenancy in commonملكية على المشاع لشخصين أو أكثر لعقار, أو منقولات,
    n. title to property (usually real property, but it can apply to personal property) held by two or more persons, in which each has an "undivided interest" in the property and all have an equal right to use the property, even if the percentage of interests are not equal or the living spaces are different sizes. Unlike "joint tenancy," there is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. Thus, unlike a joint tenancy interest, which passes automatically to the survivor, upon the death of a tenant in common there must be a probate (court supervised administration) of the estate of the deceased to transfer the interest (ownership) in the tenancy in common.



    tenantالساكن بالإيجار, المستأجر.
    n. a person who occupies real property owned by another based upon an agreement between the person and the landlord/owner, almost always for rental payments.



    tenderعرض على شخص آخر بالتعاقد. سداد بعض الأموال لشخص,
    1) v. to present to another person an unconditional offer to enter into a contract. 2) v. to present payment to another. 3) n. delivery, except that the recipient has the choice not to accept the tender. However, the act of tender completes the responsibility of the person making the tender.



    tenureالحق فى تملك أو التحكم فى عقار, عقد عمل لمدة محددة, بعد انقضاء فترة الإختبار.,
    n. 1) in real property, the right to possess the property. 2) in employment contracts, particularly of public employees like school teachers or professors, a guaranteed right to a job (barring substantial inability to perform or some wrongful act) once a probationary period has passed.



    termفترة, شرط من شروط العقد, مدة أو دورة إنعقاد.فترة دراسية.
    n. 1) in contracts or leases, a period of time, such as five years, in which a contract or lease is in force. 2) in contracts, a specified condition or proviso. 3) a period for which a court sits or a legislature is in session. 4) a word or phrase for something, as "tenancy" is one term for "occupancy."



    testacyالموت و ترك وصية.
    n. dying with a will (a testament). It is compared to "intestacy," which is dying without a will.



    testamentaryشئون متعلقة بالوصية.
    adj. pertaining to a will.



    testamentary capacityالقدرة العقلية للموصى على كتابة وصية, أى أنه فى حالة عقلية تجعله يدرك ماذا يفعل.
    n. having the mental competency to execute a will at the time the will was signed and witnessed. To have testamentary capacity, the author of the will must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty." Inherent in that capacity is the ability to resist the pressures or domination of any person who may try to use undue influence on the distribution of the testator's (will writer's) estate.



    testamentary dispositionشروط توزيع التركة فى الوصية.
    n. how the terms of a will divide the testator's (will writer's) estate, including specific gifts to named beneficiaries.



    testatorالموصى.
    n. a person who has written a will which is in effect at the time of his/her death.



    testatrixالموصية ( الموصى الأنثى) .
    n. female form of testator, although distinguishing between genders is falling out of fashion.



    testifyيشهد بعد أداء القسم , يظهر,يثبت.
    v. to give oral evidence under oath in answer to questions posed by attorneys either at trial or at a deposition (testimony under oath outside of court), with the opportunity for opposing attorneys to cross-examine the witness in regard to answers given


  5. #45
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
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    افتراضي

    testimonyالشهادة تحت القسم.
    n. oral evidence given under oath by a witness in answer to questions posed by attorneys at trial or at a deposition (questioning under oath outside of court).



    Theftالسرقة بالمعنى العام,
    n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully) and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used and are separately designated as those types of crimes in criminal charges and statutory punishments.



    Third party الشخص الثالث, أى الذى ليس طرف فى العلاقة التعاقدية.
    n. a person who is not a party to a contract or a transaction, but has an involvement (such as one who is a buyer from one of the parties, was present when the agreement was signed or made an offer that was rejected). The third party normally has no legal rights in the matter, unless the contract was made for the third party's benefit.



    third-party beneficiary الشخص الذى يستفيد من عقد ليس هو طرف فيه.
    n. a person who is not a party to a contract but has legal rights to enforce the contract or share in proceeds because the contract was made for the third party's benefit. Example: Grandma enters into a contract with Oldfield to purchase a Jaguar automobile to be given to grandchild as a graduation present. If Oldfield takes a down payment and then refuses to go through with the sale, grandchild may sue Oldfield for specific performance of the contract as a third-party beneficiary.



    tide landsالأرض التى تقع بين خط المد, و خط الجزر, على الشواطئ.
    n. land between the high and low tides, which is uncovered each day by tidal action. This land belongs to the owner of the land which fronts on the sea at that point.



    time is of the essenceالزمن المنصوص فى العقد له أهمية فى العقد و اغفاله قد يبطل العقد,
    n. a phrase often used in contracts which in effect says: the specified time and dates in this agreement are vital and thus mandatory, and "we mean it." Therefore any delay-reasonable or not, slight or not-will be grounds for canceling the agreement.


    time servedالمدة التى يمضيها المسجون فى السجن.
    n. the period a criminal defendant has been in jail, often while awaiting bail or awaiting trial. Often a judge will give a defendant "credit for time served," particularly when sentencing for misdemeanors. Example: Johnny Jumpstart was arrested for drunk driving and spent the night in jail before he was released on his own recognizance. Since the minimum sentence in his state was 48 hours, the judge will sentence him to that time, less 14 hours for time served. After lengthy waits in jail before trial, "time served" may become very important to the defendant




    timelyفى حينه, فى الوقت المطلوب أو المحدد.
    adj. within the time required by statute, court rules or contract. Example: a notice of appeal is required to be filed within 60 days of the entry of judgment, so a notice filed on the 61st day is not "timely."



    Titleالملكية, الحجة, دليل الملكية.
    n. 1) ownership of real property or personal property, which stands against the right of anyone else to claim the property. In real property, title is evidenced by a deed, judgment of distribution from an estate or other appropriate document recorded in the public records of the county. Title to personal property is generally shown by possession, particularly when no proof or strong evidence exists showing that the property belongs to another or that it has been stolen or known to be lost by another. In the case of automobiles and other vehicles, title is registered with the state's Department of Motor Vehicles, which issues a title document ("pink slip") to the owner. 2) the name for one's position in a business or organization, such as president, general manager, mayor, governor, duke. 3) the name for a legal case, such as Eugene Chan v. Runabout Taxi Company, Inc., which is part of the "caption" of the case.



    title insuranceضمان من شركات التأمين بأن الملكية أو الحيازة قانونية.
    n. a policy issued by an insurance company guaranteeing that the title to a parcel of real property is clear and properly in the name of the title owner and that the owner has the right to deed the property (convey or sell) to another. Should a problem later arise with the title (such as an inaccurate description), the insurance company will pay the damages to the new title holder or secured lender or take steps to correct the problem.



    title searchالبحث فى سجلات القيد العقارى.
    n. the examination of county records for the property's title history by a title company, an abstractor, attorney or escrow officer to determine the "chain of title" and the current status of title, including owner, legal description, easements, property taxes due, encumbrances (mortgages or deeds of trust), long-term leases, judgments or other liens. When a title search is completed, a "preliminary report" on title will be issued by the searcher. On the recording date of any new transfer or encumbrance (such as a new secured loan), an updated "final title report" will be issued which will make it possible to obtain title insurance guaranteeing against any problems with the title. Sometimes the title search will turn up some "cloud on the title" which reveals something is wrong, such as a break in the chain of title, inaccurate property description in a previous deed or some old secured loan which has not been released. Such clouds can be a reason to cancel a contract for purchase of the real property.



    Tollتأجيل, أو تأخير ميعاد سريان.
    v. 1) to delay, suspend or hold off the effect of a statute. Examples: a) a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is "tolled" until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit. b) state law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state, the time is "tolled," so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry.



    Tontineإتفاق بين عدة أفراد بأيداع مبالغ معينة فى وديعة , يمتلكها آخر شخص يموت
    n. a rare agreement among several persons who agree that each will invest in an annuity and the last to die will receive the remaining assets and profits.


    tools of tradeأدوات المهنة .
    n. in bankruptcy law, the equipment a person requires in order to pursue his occupation, which is exempt from claims of creditors. They are also generally exempt from attachment by judgment creditors since it is important for a person to earn an income to support the family and pay creditors.



    Tortالخطأ المدنى الموجب للتعويض .
    n. from French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category. Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft) and trespass on property and form the basis for a lawsuit for damages by the injured party. Defamation, including intentionally telling harmful untruths about another-either by print or broadcast (libel) or orally (slander)-is a tort and used to be a crime as well.



    Tort feasorمرتكب الخطأ المدنى الموجب للتعويض.
    n. a person who commits a tort (civil wrong), either intentionally or through negligence.



    Tortious صفة الفعل الذى يكون الخطأ الموجب الموجب للتعويض.
    adj. referring to an act which is a tort (civil wrong).



    Tradeتجارة, مهنة, تبادل.
    1) n. a business or occupation for profit, particularly in retail or wholesale sales or requiring special mechanical skill. 2) v. to exchange one thing for another, which includes money for goods, goods for goods and favors for goods or money.



    trade nameالإسم التجارى.
    n. a name of a business or one of its products which, by use of the name and public reputation, identifies the product as that of the business. A trade name belongs to the first business to use it, and the identification and reputation give it value and the right to protect the trade name against its use by others. Example: Sheaffer's is clearly identified as a fountain pen manufactured by the Sheaffer Company, and no one else can produce pens with that name. However, a motorcycle with the name Sheaffer would not be an infringement since the product is different



    trade secret. سر الصنعة, أو التركيبة.
    n. a process, method, plan, formula or other information unique to a manufacturer, which gives it an advantage over competitors. Therefore the trade secret has value and may be protected by a court-ordered injunction against use or revelation of trade secrets by an employee, former employee or someone who comes into possession of the trade secret. The employer may seek damages against such a person for revealing the secret. In addition, the owner of a trade secret involved in a lawsuit may request a "protective order" from the judge to prohibit revelation of a trade secret or a sealing of the record in the case where references to the trade secret are made. A trade secret is a business process and not a patentable invention.

  6. #46
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
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    تاريخ التسجيل : Oct 2008
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    افتراضي

    trademarkالماركة أو العلامة التجارية.
    n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and ownership. Use of another's trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark.



    Traderالتاجر,
    in U.S. income tax law, a person who deals in property as a business, making several purchases and sales within a year as distinguished from a few sales of assets held for investment. Thus a trader will lose the right to defer capital gains by "exchanging" for another property. The exact details require consultation with a C.P.A. or attorney.


    Transcript محضر الجلسة.
    n. the written record of all proceedings, including testimony, in a trial, hearing or deposition (out-of-court testimony under oath). Jurisdictions vary as to whether the attorneys' final arguments are recorded, with the Federal Court Reporter Act, but not all states, requiring inclusion. A copy of the transcript may be ordered from the court reporter and a fee paid for the transcription and first copy; if the opposing party also wants a copy, the cost will not include the transcription fee. In most appeals a copy of the transcript is required so that the court of appeals can review the entire proceedings in the trial court. Copies of depositions may be ordered for a fee from the court reporter who took down the testimony. Transcripts are not printed from the record unless transcription is requested.



    Transferنقل حساب, نقل ملكية,( أونقل الأشخاص من مكان لآخربوسيلة نقل).
    n. 1) the movement of property from one person or entity to another. 2) passage of title to property from the owner to another person. 3) a piece of paper given to allow a person or shipment to continue travel.



    transferred intent
    n. in both criminal and tort (civil wrong) law, when an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. Examples: a) with malice aforethought Nate Nogood intends to shoot his girlfriend and misses her, and the bullet hits a passerby, killing him. Nogood may be charged with first degree murder since the intent to commit murder is transferred to the actual crime. b) Steve Swinger takes a punch at Harvey Hasgood, his hated enemy, misses Hasgood and hits Hasgood's date, Teri Truehart, in the nose, breaking it. Truehart can not only sue Swinger for damages due to the assault but can claim punitive damages because the malice against Hasgood attaches to the hit upon Truehart.



    Treasonالخياة العظمى,
    n. the crime of betraying one's country, defined in Article III, section 3 of the U.S. Constitution: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." Treason requires overt acts and includes the giving of government security secrets to other countries, even if friendly, when the information could harm American security. Treason can include revealing to an antagonistic country secrets such as the design of a bomber being built by a private company for the Defense Department. Treason may include "espionage" (spying for a foreign power or doing damage to the operation of the government and its agencies, particularly those involved in security) but is separate and worse than "sedition," which involves a conspiracy to upset the operation of the government.



    Treatyأتفاقية, معاهدة.
    n. a pact between nations which, if entered into by the United States through its Executive Branch, must be approved by "two-thirds of the Senators present," under Article II, section 2 of the Constitution, to become effective. Presidents sometimes get around the Senate by entering into "Executive Agreements" with leaders of other countries which are a mode of cooperation and not enforceable treaties.



    Trespassالتعدى على الملكية العقارية, او المنقولة, أو التعدى على حقوق الغير.
    n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Trespass for an illegal purpose is a crime.



    Trialالمحاكمة, و تعنى أيضا: تجربة, أو اختبار.
    n. the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction). A trial begins with the calling of the parties to come and be heard and selection of a jury if one has been requested. Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove (the defense may withhold the opening statement until the defense is ready to present evidence), followed by the presentation of evidence first by the plaintiff (in a civil case) or prosecution (in a criminal case), followed by the defense evidence, and then by rebuttal evidence by the plaintiff or prosecution to respond to the defense. At the conclusion of all evidence each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions. If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render (give) a judgment. A jury will judge the factual issues and decide the verdict based on the law as given in the instructions by the judge. Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed. Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time.



    trial courtالمحكمة التى ستجرى فيها المحاكمة.
    n. the court which holds the original trial, as distinguished from a court of appeals.



    trial de novoإعادة المحاكمة من جديد.
    n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments.



    Tribunal محكمة أو هيئة تحكيم,
    n. any court, judicial body or board which has quasi-judicial functions, such as a public utilities board which sets rates or a planning commission which can allow variances from zoning regulations.


    trier of fact أثناء المحاكمة, يكون الحكم فى صحة الوقائع هم المحلفون.
    n. the judge or jury responsible for deciding factual issues in a trial. If there is no jury the judge is the trier of fact as well as the trier of the law. In administrative hearings, an administrative law judge, a board, commission or referee may be the trier of fact.


    Trustمجلس وصاية, أو مجلس أوصياء, لإدارة أيداعات مالية لصالح شخص آخر.
    n. an entity created to hold assets for the benefit of certain persons or entities, with a trustee managing the trust (and often holding title on behalf of the trust). Most trusts are founded by the persons (called trustors, settlors and/or donors) who execute a written declaration of trust which establishes the trust and spells out the terms and conditions upon which it will be conducted. The declaration also names the original trustee or trustees, successor trustees or means to choose future trustees. The assets of the trust are usually given to the trust by the creators, although assets may be added by others. During the life of the trust, profits and, sometimes, a portion of the principal (called "corpus") may be distributed to the beneficiaries, and at some time in the future (such as the death of the last trustor or settlor) the remaining assets will be distributed to beneficiaries. A trust may take the place of a will and avoid probate (management of an estate with court supervision) by providing for distribution of all assets originally owned by the trustors or settlors upon their death. There are numerous types of trusts, including "revocable trusts" created to handle the trustors' assets (with the trustor acting as initial trustee), often called a "living trust" or "inter vivos trust" which only becomes irrevocable on the death of the first trustor; "irrevocable trust," which cannot be changed at any time; "charitable remainder unitrust," which provides for eventual guaranteed distribution of the corpus (assets) to charity, thus gaining a substantial tax benefit. There are also court-decreed "constructive" and "resulting" trusts over property held by someone for its owner. A "testamentary trust" can be created by a will to manage assets given to beneficiaries.




    trust deedعقد وصاية.
    n. another name for a deed of trust, a form of mortgage used in some states, in which title is transferred to a trustee to protect the lender (beneficiary) until the loan is paid back.



    trust fund المبالغ الموضوعة تحت الوصاية.
    n. the principal (called the corpus) of a trust, made up of its assets and, sometimes, accumulated profits.




    Trusteeشخص أو جهة تدير الممتلكات الموقوفة أو تحت الوصاية.,
    n. a person or entity who holds the assets (corpus) of a trustee for the benefit of the beneficiaries and manages the trust and its assets under the terms of the trust stated in the declaration of trust which created it. In many "living trusts" the creator of the trust (trustor, settlor) names himself/herself (or themselves) as the original trustee who will manage the trust until his/her death when it is taken over by a successor trustee. In some trusts, such as a "charitable remainder unitrust," the trustee must be independent and therefore cannot be the creator of the trust. If a trustee has title to property, he/she/it holds title only for the benefit of the trust and its beneficiaries.

  7. #47
    An Oasis Citizen
    الصورة الرمزية حرفوش
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    افتراضي

    ultimate factأقصى قدر من الحقيقة .
    n. in a trial, a conclusion of fact which is logically deduced from evidence ("evidentiary facts"). Example: the evidentiary facts were that driver Larry Leadfoot a) exceeded the speed limit, b) drove over the double-line, c) skidded and lost control of his car; the ultimate fact was, therefore, Leadfoot was negligent. It is essential to introduce the evidentiary facts during the trial in order to prove the ultimate fact. A mere statement by a witness that "Leadfoot was negligent" is not sufficient, since it is an opinion of the witness and is not evidence.


    ultra viresتعبير لا تينى بمعنى أن تصرف معين, تم خارج اختصاص من قام به, خارج السلطة.
    (uhl-trah veye-rehz) adj. Latin for "beyond powers," in the law of corporations, referring to acts of a corporation and/or its officers outside the powers and/or authority allowed a corporation by law. Example: Directors of Highfliers, Inc. operate a small bank for its employees and friends, which corporate law does not permit without a bank charter, or sells shares of stock to the public before a permit is issued.


    unclean handsدفاع ضد إدعاء على أساس أن المدعى نفسه خرق القانون, أى أن يد المدعى لم تكن نظيفة.
    n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment. Unclean hands is a common "affirmative defense" pleaded by defendants and must be proved by the defendant. Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. Goodenough proves that Hardnose had shown her faked estimates from subcontractors to justify his original bid to Goodenough
    .


    unconstitutionalحكم المحكمة أن الدستور, او بعض مواده, أو قانون معين, أو بعض مواده غير دستورية.,.
    adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U.S. Constitution. The ultimate determination of constitutionality is the U.S. Supreme Court. Unconstitutional can also refer to violations of a state constitution


    under the influenceتحت تأثير ( الكحول), أو( المخدرات) مثلا.
    n. one of many phrases for being drunk on alcoholic beverages or high on drugs or a combination of alcohol and drugs. Driving a vehicle when "under the influence" of alcohol or drugs is a crime, as is "public drunkenness."


    undue influenceتصرف تحت تأثير ضغوط غير ملائمة, أو غير أخلاقية, مثل استغلال العلاقة العائلية, لإجبار شخص على الموافقة على غير إرادته.
    n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive or to sign a contract. The key element is that the influence was so great that the testator (will writer), donor (gift giver) or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the will, gift or contract by a court if the will, gift or contract is challenged. Participation in preparation of the will, excluding other relatives being present when the testator and the attorney meet, are all evidence of undue pressure, and an imbalance or change in language which greatly favors the person exercising the influence is a factor in finding undue influence. Example: Pete Pounder constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his attention, finally brings over an attorney who does not know Agnes and is present while she tells the attorney to write a new will in favor of Pounder.


    unfair competitionالمنافسة الغير متعادلة, أو الظالمة.
    n. wrongful and/or fraudulent business methods to gain an unfair advantage over competitors, including: a) untrue or misleading advertising, b) misleading customers by imitative trademark, name or package, c) falsely disparaging another's product. Although state laws vary, unfair competition is the basis for a legal action (suit) for damages and/or an injunction to halt the deceptive practices against an unfair competitor if the practices tend to harm one's business.


    unilateral contractعقد يكون الأداء فيه من طرف واحد.
    n. an agreement to pay in exchange for performance, if the potential performer chooses to act. A "unilateral" contract is distinguished from a "bilateral" contract, which is an exchange of one promise for another. Example of a unilateral contract: "I will pay you $1,000 if you bring my car from Cleveland to San Francisco." Bringing the car is acceptance. The difference is normally only of academic interest.


    Unlawfulغير مشروع, أو خارج عن القانون. أو محرم أو محظور.
    adj. referring to any action which is in violation of a statute, federal or state constitution, or established legal precedents


    unlawful assembly التجمع المحظور, أو الغير مرخص به.
    n. the act of assembling for the purpose of starting a riot or breaching the peace or when such an assembly reasonably could be expected to cause a riot or endanger the public. Although freedom of assembly is guaranteed by the First Amendment to the Constitution, law enforcement has the right to require disbursement of such an assembly as part of the "police powers" of the state and the potential dangers of riot or breach of peace are subjective and decided on the spot by police officers or other public officials. Claims of "unlawful assembly" were often used to break up labor union picket lines until the late 1930s, against peaceful civil rights marches in the 1950s and 1960s, and by the police against anti-Vietnam War demonstrators in Los Angeles, Washington and Chicago in the late 1960s.


    unreasonable search and seizure التفتيش أو التحرز على أشياء بدون مبرر شرعى معقول .
    n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a crime is present. Such a search and/or seizure is unconstitutional under the 4th Amendment (applied to the states by the 14th Amendment), and evidence obtained thereby may not be introduced in court.


    Useإستعمال شيئ, مثل عقار, أو سيارة, حق الإستعمال.
    n. the right to enjoy the benefits of real property or personal property (but primarily used in reference to real property), whether the owner of the right has ownership of title or not. Under English common law "use" of property became extremely important since title to real property could not be conveyed outside a family line due to "restraints on alienation," so "use" of the property was transferred instead. This is a simplification of the way "uses" were employed, but today it is only of academic interest.


    Utterتزييف العملة أو المستندات, النطق ببعض الألفاظ, لفظ يعنى ( بالكامل).
    v. 1) to issue a forged document. 2) to speak.


    Uxorكلمة لاتينية تعنى ( الزوجة) .
    n. Latin for "wife." In deeds and documents the term "et ux." is sometimes used to mean "and wife," stemming from a time when a wife was a mere legal appendage of a man and not worthy of being named.

  8. #48
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
    رقم العضوية : 6695
    تاريخ التسجيل : Oct 2008
    المشاركات : 1,896

    افتراضي

    Vacaterأمر قضائى بإلغاء أمر سابق , إخلاء عقار بأمر قضائى, إخلاء.
    v. 1) for a judge to set aside or annul an order or judgment which he/she finds was improper. 2) to move out of real estate and cease occupancy.


    Vagrancyالتشرد, عدم تواجد مأوى.
    n. moving about without a means to support oneself, without a permanent home, and relying on begging. Until recently it was considered a minor crime (misdemeanor) in many states. Constitutionally it is evident that being poor is not a crime. The same is true of "loitering."


    vehicular manslaughterالقتل الخطأ , او عن طريق التهور و الرعونة أثناء قيادة سيارة.
    n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.


    Vendeeالمشترى( فى العقد) .
    n. a buyer, particularly of real property.


    Vendorالبائع( فى العقد)..
    n. a seller, particularly of real property.


    Venireالقائمة التى يدرج بها أسماء المرشحسن لهيئة المحلفين,
    (ven-eer-ay) n. the list from which jurors may be selected


    Venueمقر المحاكمة طبقا لموقع الحادث جغرافيا, مكان الحادث.
    n. 1) the proper or most convenient location for trial of a case. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place. However, the parties may agree to a different venue for convenience (such as where most witnesses are located). Sometimes a lawsuit is filed in a district or county which is not the proper venue, and if the defendant promptly objects (asks for a change of venue), the court will order transfer of the case to the proper venue. Example: a promissory note states that any suit for collection must be filed in Washington County, Indiana, and the case is filed in Lake County, Indiana. In high profile criminal cases the original venue may be considered not the best venue due to possible prejudice stemming from pre-trial publicity in the area or public sentiment about the case which might impact upon potential jurors. For these various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Venue is not to be confused with "jurisdiction," which establishes the right to bring a lawsuit (often anywhere within a state) whether or not it is the place which is the most convenient or appropriate location.


    Verdictالحكم المحكمة, قرار المحلفين بالإدانة أو البراءة,
    n. the decision of a jury after a trial, which must be accepted by the trial judge to be final. A judgment by a judge sitting without a jury is not a verdict. A "special verdict" is a decision by the jury on the factual questions in the case, leaving the application of the law to those facts to the judge, who makes the final judgment. A "directed verdict" is a decision following an instruction by the judge that the jury can only bring in a specific verdict ("based on the evidence you must bring in a verdict of 'not guilty'"). A "chance verdict" (decided by lot or the flip of a coin), a "compromise verdict" (based on some jurors voting against their beliefs to break a deadlock) and a "quotient verdict" (averaging the amount each juror wants to award) are all improper and will result in a mistrial (having the verdict thrown out by the judge) or be cause for reversal of the judgment on appeal.


    Verificationالإعلان تحت القسم أن المعلومات الواردة فى وثيقة هى الحقيقة, مخالفة ذلك يعتبر جريمة كذب.
    n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. A typical verification reads: "I declare under penalty of perjury under the laws of the State of California, that I have read the above complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true. Executed January 3, 1995, at Monrovia, California. (signed) Georgia Garner, declarant." If a complaint is verified then the answer to the complaint must be verified


    Vestيخول, يعطى حق, ( صديرى) .
    v. to give an absolute right to title or ownership, including real property and pension rights.


    Vestedشخص ممنوح سلطة أو الحق للتصرف بطريقة معينة.
    adj. referring to having an absolute right or title, when previously the holder of the right or title only had an expectation. Example: after 20 years of employment Larry Loyal's pension rights are now vested.


    vicarious liability مسئولية المتبوع عن خطأ التابع الملزم للتعويض( مدير الشركة مسئول عن خطأ موظفه).
    n. sometimes called "imputed liability," attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment (doing work for the employer) is vicariously liable for damages to the injured person. In most states a participant in a crime (like a hold-up) may be vicariously liable for murder if another member of the group shoots and kills a shopkeeper or policeman


    vigilante, بدون أى سلطة قانونية, حتى لو كانوا يقصدون خيرا.من يأخذون القانون فى أيديهم
    n. someone who takes the law into his/her own hands by trying and/or punishing another person without any legal authority. In the 1800s groups of vigilantes dispensed "frontier justice" by holding trials of accused horsethieves, rustlers and shooters, and then promptly hanging the accused if "convicted." A mother who shoots the alleged molester of her child is a vigilante.


    Vizأى, بمعنى, مثل .
    prep. to wit, or namely. Example: "There were several problems, viz: leaky roof, dangerous electrical system and broken windows


    Voidباطل, لاغى, فارغ.
    adj. referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgment is void.


    void for vaguenessلاغى أو باطل للغموض و الإبهام ( العقد مثلا)
    adj. referring to a statute defining a crime which is so vague that a reasonable person of at least average intelligence could not determine what elements constitute the crime. Such a vague statute is unconstitutional on the basis that a defendant could not defend against a charge of a crime which he/she could not understand, and thus would be denied "due process" mandated by the 5th Amendment, applied to the states by the 14th Amendment.


    Voidableقابل للإلغاء, و ليس لاغى أو باطل, و لكن يجوز إبطاله, أو إلغاؤه فى ظروف معينة.
    adj. capable of being made void. Example: a contract entered into by a minor under 18 is voidable upon his/her reaching majority, but the minor may also affirm the contract at that time. "Voidable" is distinguished from "void" in that it means only that a thing can become void but is not necessarily void.


    voir direمرحلة اختيار أعضاء هيئة المحلفين, حيث يختار كل من طرفى النزاع استعمال حقهم فى الإستبعاد.
    (vwahr [with a near-silent "r"] deer) n. from French "to see to speak," the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case). Actually one of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and likely views of the people on the jury panel. In some courts the judge asks most of the questions, while in others the lawyers are given substantial latitude and time to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others in "peremptory" challenges without stating any reason. 2) questions asked to determine the competence of an alleged expert witness. 3) any hearing outside the presence of the jury held during trial.


    voluntary bankruptcyإعلان الإفلاس اختياريا.
    n. the filing for bankruptcy by a debtor who believes he/she/it cannot pay bills and has more debts than assets. Voluntary bankruptcy differs from "involuntary bankruptcy" filed by creditors owed money to bring the debtor before the bankruptcy court.


    Votingالتصويت,


    Waiveالتنازل أو الراجع عن استعمال حق.
    v. to voluntarily give up something, including not enforcing a term of a contract (such as insisting on payment on an exact date), or knowingly giving up a legal right such as a speedy trial, a jury trial or a hearing on extradition (the transfer to another state's jurisdiction of one accused of a crime in the other state)


    Wanton الإستهتار و العبث, او الإهمال, بدون مراعاة لسلامة الآخرين. و
    adj. 1) grossly negligent to the extent of being recklessly unconcerned with the safety of people or property. Examples: speeding by a school while it is letting out students or firing a shotgun in a public park. 2) sexually immoral and unrestrained.


    Wardالطفل الذى يوضع تحت رعاية الحكومة, جزء من الحكومة المحلية,
    n. 1) a person (usually a minor) who has a guardian appointed by the court to care for and take responsibility for that person. A governmental agency may take temporary custody of a minor for his/her protection and care if the child is suffering from parental neglect or abuse, or has been in trouble with the law. Such a child is a "ward of the court" (if the custody is court-ordered) or a "ward of the state." 2) a political division of a city, much like a council district.


    Warrantأمر قضائى بالقبض, أو التفتيش.
    1) n. an order (writ) of a court which directs a law enforcement officer (usually a sheriff) to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court. A "bench warrant" is an order to appear issued by the court when a person does not appear for a hearing, which can be resolved by posting bail or appearing. A "search warrant" is an order permitting a law enforcement officer to search a particular premises and/or person for certain types of evidence, based on a declaration by a law enforcement official, including a district attorney. 2) v. to claim to a purchaser that merchandise is sound, of good quality or will perform as it should, or that title to real property belongs to the seller.


    Warrantyالضمانة التى ترفق بالبضاعة,لضمان الجودة, و إصلاح العطب فى خلال مدة معينة.
    n. a written statement of good quality of merchandise, clear title to real estate or that a fact stated in a contract is true. An "express warranty" is a definite written statement and "implied warranty" is based on the circumstances surrounding the sale or the creation of the contract.


    n. 1) any damage to real property by a tenant which lessens its value to the landlord, owner or future owner. An owner can sue for damages for waste, terminate a lease of one committing waste and/or obtain an injunction against further waste. 2) garbage, which may include poisonous effluents.


    weight of evidenceثقل و قوة الدليل المقدم.
    n. the strength, value and believability of evidence presented on a factual issue by one side as compared to evidence introduced by the other side.
    .


    whiplash سحجات الرقبة التى يصاب بها راكب السيارة أو قائدها, عند حدوث تصادم, و قد لا تلاحظ إلا بعد مدة.
    n. a common neck and/or back injury suffered in automobile accidents (particularly from being hit from the rear) in which the head and/or upper back is snapped back and forth suddenly and violently by the impact. The injury is to the "soft tissues" and sometimes to the vertebrae, does not always evidence itself for a day or two, and can cause pain and disability for periods up to a year. The degree of injury and the pain and suffering from whiplash are often in dispute in claims and lawsuits for damages due to negligent driving.


    white collar crimeجرائم الياقة البيضاء, أى جرائم غير عنيفة, مثل النصب, الإبتزاز, الغش, الكسب غير المشروع.
    n. a generic term for crimes involving commercial fraud, cheating consumers, swindles, insider trading on the stock market, embezzlement and other forms of dishonest business schemes. The term comes from the out-of-date assumption that business executives wear white shirts with ties. It also theoretically distinguishes these crimes and criminals from physical crimes, supposedly likely to be committed by "blue collar" workers.


    Widowالأرملة.
    n. a woman whose husband died while she was married to him and who has not since remarried. A divorced woman whose ex-husband dies is not a widow, ex- cept for the purpose of certain Social Security benefits traceable to the ex-husband.


    Widower الأرمل.
    n. a man whose wife died while he was married to her and who has not remarried.


    Willالوصية,
    n. a written document which leaves the estate of the person who signed the will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust). A will usually names an executor (and possibly substitute executors) to manage the estate, states the authority and obligations of the executor in the management and distribution of the estate, sometimes gives funeral and/or burial instructions, nominates guardians of minor children and spells out other terms. To be valid the will must be signed by the person who made it (testator), be dated (but an incorrect date will not invalidate the will) and witnessed by two people (except in Vermont which requires three). In some states the witnesses must be disinterested, or in some states, a gift to a witness is void, but the will is valid. A will totally in the handwriting of the testator, signed and dated (a "holographic will") but without witnesses, is valid in many, but not all, states. If the will (also called a Last Will and Testament) is still in force at the time of the death of the testator (will writer), and there is a substantial estate and/or real estate, then the will must be probated (approved by the court, managed and distributed by the executor under court supervision). If there is no executor named or the executor is dead or unable or unwilling to serve, an administrator ("with will annexed") will be appointed by the court. A written amendment or addition to a will is called a "codicil" and must be signed, dated and witnessed just as is a will, and must refer to the original will it amends. If there is no estate, including the situation in which the assets have all been placed in a trust, then the will need not be probated.


    will contestالإعتراض(قضائيا) على بنود الوصية.
    n. a lawsuit challenging the validity of a will and/or its terms. Bases for contesting a will include the competency of the maker of the will (testator) at the time the will was signed, the "undue influence" of someone who used pressure to force the testator to give him/her substantial gifts in the will, the existence of another will or trust, challenging illegal terms or technical faults in the execution of the will, such as not having been validly witnessed. A trial of the will contest must be held before the will can be probated, since if the will is invalid, it cannot be probated


    willfulعمدى, بقصد.
    adj. referring to acts which are intentional, conscious and directed toward achieving a purpose. Some willful conduct which has wrongful or unfortunate results is considered "hardheaded," "stubborn" and even "malicious." Example: "The defendant's attack on his neighbor was willful."


    wind upإنهاء ( شركة مثلا) تصفية.
    v. to liquidate (sell or dispose of) assets of a corporation or partnership.


    Wiretapالتسمع على المكالمات التليفونية و تسجيلها.
    n. using an electronic device to listen in on telephone lines, which is illegal unless allowed by court order based upon a showing by law enforcement of "probable cause" to believe the communications are part of criminal activities. Use of wiretap is also a wrongful act for which the party whose telephones were tapped may sue the party performing the act and/or listening in as an invasion of privacy or for theft of information. A wiretap differs from a "bug," which is a radio device secretly placed in one's premises to listen in on conversations or to tape incoming calls without notice to the caller. The same rules of illegality and tort liability apply to "bugging."


    Withdrawalالتوبة الإيجابية, أى الإنسحاب من ارتكاب الجريمة قبل ارتكابها, الرجوع التلقائى.
    n. 1) in criminal law, leaving a conspiracy to commit a crime before the actual crime is committed, which is similar to "renunciation." If the withdrawal is before any overt criminal act the withdrawer may escape prosecution. 2) the removal of money from a bank account.


    Witnessالشاهد على حدث, الشاهد فى المحكمة,الشاهد على العقد, الشاهد على صحة توقيع. ,
    1) n. a person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit. A party to the lawsuit (plaintiff or defendant) may be a witness. 2) n. a person who sees an event. 3) n. a person who observes the signing of a document like a will or a contract and signs as a witness on the document attesting that the document was signed in the presence of the witness. 4) v. to sign a document verifying that he/she observed the execution of the document such as a will.


    witness stand المكان المخصص لوقوف الشاهد أو جلوسه فى المحكمة,
    n. a chair at the end of the judge's bench on the jury box side, usually with a low "modesty screen," where a witness sits and gives testimony after he/she has sworn to tell the truth. When called to testify the witness "takes the stand." Most witness stands are equipped with a microphone linked to an amplifying system so that judge, attorneys and jury can hear the testimony clearly



    World Courtمحكمة العدل الدولية.
    n. the Court of International Justice, founded by the United Nations in 1945, which hears international disputes, but only when the parties (usually governments) agree to have the issue heard and to be bound by the decision.


    Writأمر قضائى يتطلب أداء شيئ معين, من شخص معين.
    n. a written order of a judge requiring specific action by the person or entity to whom the writ is directed.


    wrongful deathالموت عن طريق الخطأ أو الإهمال. القتل الغير مقصود نتيجة إعتداء جسمانى.الضرب المفضى إلى موت.,
    n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband's love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).



    wrongful terminationإنهاء الخدمة بدون وجه حق, إلغاء الخدمة تعسفيا.
    n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). To bring such a suit the discharge of the employee must have been without "cause," and the employee a) had an express contract of continued employment or there was an "implied" contract based on the circumstances of his/her hiring or legitimate reasons to believe the employment would be permanent, b) there is a violation of statutory prohibitions against discrimination due to race, gender, sexual preference or age, or c) the discharge was contrary to "public policy" such as in retribution for exposing dishonest acts of the employer. An employee who believes he/she has been wrongfully terminated may bring an action (file a suit) for damages for discharge, as well as for breach of contract, but the court decisions have become increasingly strict in limiting an employee's grounds for suit.


    your honor مخاطبة القاضى بهذا اللقب.
    n. the proper way to address a judge in court.


    youthful offendersالمتهم حديث السن, الأحداث.
    n. under-age people accused of crimes who are processed through a juvenile court and juvenile detention or prison facilities. In most states a youth-ful offender is under the age of 18. Often a court has the latitude to try some young defendants as adults, particularly for repeat offenders who appear to be beyond rehabilitation and are involved in major crimes like murder, manslaughter, armed robbery, rape or aggravated assault. A youthful offender has certain advantages: he/she will be kept in a juvenile prison instead of a penitentiary, is more likely than an adult to get probation, can only receive a maximum prison sentence not to exceed a 25th birthday or some other limitation and cannot get the death penalty.


    Zoningتقسيم المناطق حسب استعمال الأرض, مثل مناطق سكنية, تجارية و صناعية, زراعية.
    n. a system of developing a city or county plan in which various geographic areas (zones) are restricted to certain uses and development, such as industrial, light industrial, commercial, light-commercial, agricultural, single-family residential, multi-unit residential, parks, schools and other purposes. Zoning is the chief planning tool of local government to guide the future development of a community, protect neighborhoods, concentrate retail business and industry, channel traffic and play a major role in the enhancement of urban as well as small-town life. In 1926, zoning was declared constitutional by the U.S. Supreme Court in Village of Euclid v. Ambler Realty Co.
    التعديل الأخير تم بواسطة حرفوش ; 01-06-2009 الساعة 03:28 AM

  9. #49
    An Oasis Citizen
    الصورة الرمزية حرفوش
    الحالة : حرفوش غير متواجد حالياً
    رقم العضوية : 6695
    تاريخ التسجيل : Oct 2008
    المشاركات : 1,896

    افتراضي

    تم بعون الله الإنتهاء من ترجمة كل المصطلحات القانونية الإنجليزية إلى اللغة العربية, مع شرح بالعربية لبعض النقاط الهامة.

    و إحصائيات مكونات معجم المصطلحات الإنجليزية بعد الترجمة إلى العربية.هى كالآتى:


    300 صفحة

    93349 كلمة

    1262 فقرة

    11654 سطر.

    و سيسعدنى أن أزيد فى شرح أى من تلك المصطلحات, و خاصة التى لها خلفية لاتينية.

    ارجو أن يكون فى هذا العمل فائدة لدارسى القوانين الإنجليزية.

    تقبلوا التحية.
    التعديل الأخير تم بواسطة حرفوش ; 01-06-2009 الساعة 03:56 AM

  10. #50
    An Oasis Pioneer
    الصورة الرمزية Fern
    الحالة : Fern غير متواجد حالياً
    رقم العضوية : 288
    تاريخ التسجيل : Oct 2006
    المشاركات : 20,369

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    وقف الخلق ينظرون جميــــــعاً ....... كيف أبنى قواعد المجد وحدى
    وبناة الأهرام فى ســـالف الدهر ....... كفونى الكلام عند التــــــحدى
    أنا تاج العلاء فى مفرق الشرق ........ ودراته فرائـد عـــــــــــــقدى

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