Legal Vocabulary Flashcards

(52 cards)

1
Q

Venue

A

The geographic location where a case is tried.

審判地

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2
Q

Precedent

A

A Legal decision or form of proceeding serving as an authoritative rule or pattern in future similar cases.

判決先例

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3
Q

Statute

A

A written law passed by a legislative body.

法令

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4
Q

Litigation

A

The process of taking legal action or resolving disputes in court.

訴訟

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5
Q

Habeas Corpus

A

A legal action or writ by means of which detainees can seek relief from unlawful imprisonment.

人身保護令

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6
Q

Pro Bono

A

Legal work undertaken voluntarily and without payment.

為公益而免費提供的

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7
Q

Mens Rea

A

The intent to commit a crime.

犯罪意圖

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8
Q

Res Ipsa Loquitur

A

A doctrine that suggests negligence can be presumed if an accident occurs under circumstances where it would not ordinarily happen without negligence.

事實自證/過失原則

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9
Q

Ex Parte

A

Refers to legal proceedings or decisions conducted for the benefit of only one party.

只有一方參與的法律訴訟或決策

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10
Q

De Facto

A

Describes practices that exist in reality, even if not legally recognized.
實際擁有, 而非法律上擁有

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11
Q

Consideration

A

Something of value exchanged between the parties, which is necessary for a valid contract.
對價

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12
Q

Damages

A

Monetary compensation for loss or injury resulting from a breach of contract.
損害賠償

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13
Q

Bilateral Contract

A

A contract involving mutual promises between two parties.
雙務合同/雙邊合同

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14
Q

Unilateral Contract

A

A contract where one party makes a promise in exchange for the other party’s performance.
單方合同/單務合同

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15
Q

Express Contract

A

A contract where the terms are explicitly stated.
明示合同

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16
Q

Implied Contract

A

A contract formed by the conduct of the parties rather than written or spoken words.
默示合同

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17
Q

Confidentiality Clauses

A

Provisions that prevent sensitive information from being disclosed.
保密條款

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18
Q

Non-compete Clauses

A

Provisions that restrict one party from competing with another for a specified period and within a certain geographic area.
競業禁止條款/非競爭條款

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19
Q

Indemnity Clauses

A

Provisions where one party agrees to compensate the other for certain costs and damages.
賠償條款

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20
Q

Termination Clauses

A

Provisions that outline the circumstances under which the contract can be terminated.
終止條款

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21
Q

Remedy

A

Act of correcting an error or a fault or an evil.
解決方法/法定補償

22
Q

Subject to

A

Depending on or being affected by something.
受制於

23
Q

Pursuant to

A

In accordance with (a law or legal document).

24
Q

In the event of

A

If something happens.
倘若

25
For the purpose of
With the intention or aim of doing something. 以...為目的
26
With respect to
Concerning or in relation to something. 關於
27
Bylaw
A rule adopted by an organization in order to regulate its own affairs and the behavior of its members 章程/(組織的)規章制度
28
By virtue of
Because or as a result of something. 由於/因為
29
Carry Out
To perform or execute. 執行
30
Draw Up
To prepare a document. 起草/準備草案
31
Rule Out
To eliminate or exclude. 不考慮
32
Set Up
To establish or create. 建立/設立
33
Phase Out
To gradually discontinue. 逐步停止使用
34
Step Up
To increase or intensify. 加強/推進
35
Wind Up
To conclude or bring to an end. 結束/清算/解散
36
Back Down
To withdraw a claim or concede. 放棄/讓步
37
Merit
The substance of a case apart from matters of jurisdiction, procedure, or form. 實際情況/理據
38
Adjudicate
To make a formal judgement or decision about a problem or disputed matter. 裁定/宣判
39
Amicus Curiae
A person or organization that is not a party to a case but offers information or expertise relevant to the case. 法庭之友 (不屬訴訟一方而主動或應法庭邀請就案件提供意見或協助的人)
40
Appellate
Relating to or taking account of challenges to a decision, especially a legal decision. 上訴的
41
Caveat Emptor
A Latin phrase meaning "let the buyer beware". It implies that the buyer assumes the risk for the quality of goods purchased. 買家風險自負
42
De Novo
Starting from the beginning; anew. 重新審理
43
Estoppel
A legal principle that prevents a person from arguing something contrary to a previous claim or behavior. 禁止反言
44
Force Majeure
An unforeseeable event that prevents someone from fulfilling a contract. 不可抗力
45
Prima Facie
Based on the first impression; accepted as correct until proven otherwise. 表面證據/初步證據
46
Res Judicata
A matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties. 一事不再理
47
Subpoena
A writ ordering a person to attend a court. 傳票/傳喚
48
Fiduciary Duty
The legal obligation to act in the best interest of another party. 信託責任/信義義務
49
Derivative Action
A lawsuit brought by a shareholder on behalf of the corporation. 股東代表訴訟/股東派生訴訟
50
Patent Infringement
The unauthorized use of a patented invention. 專利侵權
51
Intellectual Property
Intangible property that is the result of creativity (such as patents or trademarks or copyrights). 知識產權
52
Trademark Dilution
The weakening of a trademark's distinctiveness. 商標淡化