法律词汇表M_法律英语

法律词汇表M

文章来源：文章作者：发布时间：2007-04-03 07:05 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

术语	定义
magistrate¹	Local judicial² official having limited original jurisdiction³, especially in criminal cases. Also often used to refer to a judge.
mala in se (MAL uh in see)	"Evil in itself." Behavior universally regarded as criminal, e.g., murder. Also called malum in se. Compare mala prohibita.
mala prohibita (MAL uh PRO⁴ HIB ih duh)	Behavior that is criminal only because society defines it as such, e.g., gambling⁵. Also called malum prohibita. Compare mala in se.
malfeasance	Committing an unlawful act. Often used to describe misconduct by public officials. Compare misfeasance and nonfeasance.
malice⁷	Intent to commit a wrongful act without just cause or excuse.
malice aforethought	Mental state required to prove murder.
malicious⁸ prosecution⁹	Action instituted with intention of injuring defendant¹⁰ and without probable cause.
mandamus (man DAY mus)	Writ¹¹ issued by a court ordering a public official , another court, a corporation, public body or individual to perform an act.
mandate¹²	Judicial command or order directing an officer of the court to enforce judgment¹³, sentence or decree.
manslaughter	Unlawful killing¹⁴ of another without intent to kill. May be voluntary, i.e., upon sudden impulse, e.g., a quarrel erupts into a fistfight in which a participant is killed; or involuntary, i.e., committed during commission of an unlawful act not ordinarily expected to result in great bodily harm, or during commission of a lawful⁶ act without proper caution, e.g., driving an automobile¹⁵ at excessive speed, resulting in fatal collision. Compare murder.
master	Official appointed by a court to assist with its proceedings¹⁶. Masters may take testimony¹⁷, rule on pre-trial issues, compute¹⁸ interest, handle uncontested divorces, etc. Usually must present written report to court.
material evidence	Evidence that is relevant and goes to substantiate¹⁹ issues in a dispute.
mediation²⁰	Form of alternative dispute resolution in which parties bring their dispute to a neutral third party, who helps them agree on settlement. Nonbinding. Similar to conciliation²¹.
memorial	Abstract of a legal record. Also, written statement of facts presented to legislature or executive as a petition.
mens rea (menz REE uh)	The state of mind of the defendant that the prosecution must prove in order to establish criminal responsibility. See elements of a crime.
Miranda rule	Requirement that police advise a suspect in custody²² of constitutional rights before questioning him/her. Named after U.S. Supreme²³ Court ruling in Miranda v. Arizona, 384 U.S. 436 (1966), establishing such requirements.
misdemeanor	Criminal offenses²⁵ generally punishable by fine or limited local jail term, but not by imprisonment²⁶ in penitentiary²⁷. Compare felony.
misfeasance	Lawful act performed in wrongful manner. Compare malfeasance and nonfeasance.
mistrial	Trial terminated before verdict is reached, either because of some procedural error, serious misconduct during proceedings or because of a hung jury.
mitigating²⁸ circumstances	Circumstances which do not constitute justification²⁹ for committing an offense²⁴, but which may reduce degree of blame and help reduce sentence of individual convicted. Also known as extenuating³⁰ circumstances. Compare aggravating³¹ circumstances.
mittimus (MIT ih mus)	Written court order directing a jailer to receive and safely keep a person until ordered otherwise.
moot³²	Having no practical significance. Usually refers to court's refusal to consider a case because issue involved no longer exists.
moral turpitude³³	Immorality³⁴, depravity; conduct so wicked as to be shocking to the community's moral sense.
motion	Application to a court or judge for a ruling or order.
motion to dismiss	Request to dismiss a civil case because of settlement, withdrawal³⁵ or a procedural defect. Compare demurrer.
multiplicity of actions	Two or more separate litigations of the same issue against the same defendant.
municipal court	Court whose jurisdiction is confined to the city or community in which it is erected³⁶. Usually has summary jurisdiction over minor³⁷ offenses and a limited number of misdemeanors. Occasionally also possesses limited civil jurisdiction. Pennsylvania has one municipal court, Philadelphia Municipal Court.
murder	Unlawful killing of a human being with malice aforethought. First degree murder is premeditated, i.e., planned. Second degree murder is sudden, instantaneous intent to kill or to cause injury without caring whether injury kills or not. Pennsylvania and some other states also allow for third degree murder, which is murder committed by a person engaged in commission of a felony. Compare manslaughter

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1 magistrate
n.地方行政官，地方法官，治安官
参考例句：
The magistrate committed him to prison for a month.法官判处他一个月监禁。 John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。

2 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

3 jurisdiction
n.司法权，审判权，管辖权，控制权
参考例句：
It doesn't lie within my jurisdiction to set you free.我无权将你释放。 Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 pro
n.赞成，赞成的意见，赞成者
参考例句：
The two debating teams argued the question pro and con.辩论的两组从赞成与反对两方面辩这一问题。 Are you pro or con nuclear disarmament?你是赞成还是反对核裁军？

5 gambling
n.赌博；投机
参考例句：
They have won a lot of money through gambling.他们赌博赢了很多钱。 The men have been gambling away all night.那些人赌了整整一夜。

6 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

7 malice
n.恶意，怨恨，蓄意；[律]预谋
参考例句：
I detected a suggestion of malice in his remarks.我觉察出他说的话略带恶意。 There was a strong current of malice in many of his portraits.他的许多肖像画中都透着一股强烈的怨恨。

8 malicious
adj.有恶意的，心怀恶意的
参考例句：
You ought to kick back at such malicious slander. 你应当反击这种恶毒的污蔑。 Their talk was slightly malicious.他们的谈话有点儿心怀不轨。

9 prosecution
n.起诉，告发，检举，执行，经营
参考例句：
The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。 He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

10 defendant
n.被告；adj.处于被告地位的
参考例句：
The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。 The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

11 writ
n.命令状，书面命令
参考例句：
This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。 You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

12 mandate
n.托管地；命令，指示
参考例句：
The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。 The General Election gave him no such mandate.大选并未授予他这种权力。

13 judgment
n.审判；判断力，识别力，看法，意见
参考例句：
The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。 He's a man of excellent judgment.他眼力过人。

14 killing
n.巨额利润；突然赚大钱，发大财
参考例句：
Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。 Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

15 automobile
n.汽车，机动车
参考例句：
He is repairing the brake lever of an automobile.他正在修理汽车的刹车杆。 The automobile slowed down to go around the curves in the road.汽车在路上转弯时放慢了速度。

16 proceedings
n.进程，过程，议程；诉讼(程序)；公报
参考例句：
He was released on bail pending committal proceedings. 他交保获释正在候审。 to initiate legal proceedings against sb 对某人提起诉讼

17 testimony
n.证词；见证，证明
参考例句：
The testimony given by him is dubious.他所作的证据是可疑的。 He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

18 compute
v./n.计算，估计
参考例句：
I compute my losses at 500 dollars.我估计我的损失有五百元。 The losses caused by the floods were beyond compute.洪水造成的损失难以估量。

19 substantiate
v.证实；证明...有根据
参考例句：
There is little scientific evidence to substantiate the claims.这些主张几乎找不到科学依据来证实。 These theories are used to substantiate the relationship between the phenomenons of the universe.这些学说是用来证实宇宙现象之间的关系。

20 mediation
n.调解
参考例句：
The dispute was settled by mediation of the third country. 这场争端通过第三国的斡旋而得以解决。 The dispute was settled by mediation. 经调解使争端得以解决。

21 conciliation
n.调解，调停
参考例句：
By conciliation,cooperation is established.通过调解，友好合作关系得以确立。 Their attempts at conciliation had failed and both sides were once again in dispute.他们进行调停的努力失败了，双方再次陷入争吵。

22 custody
n.监护，照看，羁押，拘留
参考例句：
He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。 He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

23 supreme
adj.极度的，最重要的；至高的，最高的
参考例句：
It was the supreme moment in his life.那是他一生中最重要的时刻。 He handed up the indictment to the supreme court.他把起诉书送交最高法院。

24 offense
n.犯规，违法行为；冒犯，得罪
参考例句：
I hope you will not take any offense at my words. 对我讲的话请别见怪。 His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

25 offenses
n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势
参考例句：
It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。来自《简明英汉词典》 Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。来自英汉非文学 - 行政法

26 imprisonment
n.关押，监禁，坐牢
参考例句：
His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。 He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

27 penitentiary
n.感化院；监狱
参考例句：
He worked as a warden at the state penitentiary.他在这所州监狱任看守长。 While he was in the penitentiary her father died and the family broke up.他坐牢的时候，她的父亲死了，家庭就拆散了。

28 mitigating
v.减轻，缓和( mitigate的现在分词 )
参考例句：
Are there any mitigating circumstances in this case ? 本案中是否有任何情况可以减轻被告的罪行？来自辞典例句 A sentencing judge is required to consider any mitigating circumstances befor imposing the death penalty. 在处死刑之前，要求量刑法官必须考虑是否有任何减轻罪行之情节。来自口语例句

29 justification
n.正当的理由；辩解的理由
参考例句：
There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。 In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

30 extenuating
adj.使减轻的，情有可原的v.（用偏袒的辩解或借口）减轻( extenuate的现在分词 )；低估，藐视
参考例句：
There were extenuating circumstances and the defendant did not receive a prison sentence. 因有可减轻罪行的情节被告未被判刑。 I do not plead any extenuating act. 我不求宽大，也不要求减刑。来自演讲部分

31 aggravating
adj.恼人的，讨厌的
参考例句：
How aggravating to be interrupted! 被打扰，多令人生气呀！ Diesel exhaust is particularly aggravating to many susceptible individuals. 许多体质敏感的人尤其反感柴油废气。

32 moot
v.提出；adj.未决议的；n.大会；辩论会
参考例句：
The question mooted in the board meeting is still a moot point.那个在董事会上提出讨论的问题仍未决的。 The oil versus nuclear equation is largely moot.石油和核能之间的关系还很有争议。

33 turpitude
n.可耻；邪恶
参考例句：
He was considered unfit to hold office because of moral turpitude.因为道德上的可耻行为，他被认为不适担任公务员。 Let every declamation turn upon the beauty of liberty and virtue,and the deformity,turpitude,and malignity of slavery and vice.让每一篇演讲都来谈自由和道德之美，都来谈奴役和邪恶之丑陋、卑鄙和恶毒。

34 immorality
n. 不道德, 无道义
参考例句：
All the churchmen have preached against immorality. 所有牧师都讲道反对不道德的行为。 Where the European sees immorality and lawlessness, strict law rules in reality. 在欧洲人视为不道德和无规则的地方，事实上都盛行着一种严格的规则。来自英汉非文学 - 家庭、私有制和国家的起源

35 withdrawal
n.取回，提款；撤退，撤军；收回，撤销
参考例句：
The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。 They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。

36 ERECTED
adj. 直立的，竖立的，笔直的 vt. 使 ... 直立，建立
参考例句：
A monument to him was erected in St Paul's Cathedral. 在圣保罗大教堂为他修了一座纪念碑。 A monument was erected to the memory of that great scientist. 树立了一块纪念碑纪念那位伟大的科学家。

37 minor
adj.较小(少)的，较次要的；n.辅修学科；vi.辅修
参考例句：
The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。 I gave him a minor share of my wealth.我把小部分财产给了他。

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