英文法律词典 P-8_法律英语

英文法律词典 P-8

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PARTICEPS FRAUDIS. fraud. Both parties be in pari delicto is not allowed to allege¹ his own turpitude² in such cases, when defendant³ at law, or prevented from alleging⁴ it, when plaintiff in equity⁵, whenever the refusal to execute the contract at law, or the refusal to relieve against it in equity, would give effect to the original purpose, and encourage the parties engaged, in such transactions. 4 Rand. R. 372; 1 Black. R. 363; 2 Freem. 101.

PARTICULAR AVERAGE. This term, partipular average, has been condemned⁶ as not being exact. See Average. It denotes, in general, every kind of expense or damage, short of total loss which regards a particular concern, and which is to be borne by the proprietor⁷ of that concern alone. Between the insurer and insured, the term includes losses of this description, as far as the underwriter is liable. Particular average must not be understood as a total loss of a part; for these two kinds of losses are perfectly⁸ distinct from each other. A total loss of a part may be recovered, where a particular average would not be recoverable. See Stev. on Av. 77.

PARTICULAR AVFRMENT, pleading. Vide Avermzent.

PARTICULAR CUSTOM. A particular custom is one which only affects the inhabitants of some particular district. To be good, a particular custom must possess these requisites⁹: 1. It must have been used so long that the memory of man runneth not to the contrary. 2. It must have been continued. 3. It must have been peaceable. 4. It must be reasonable. 5. It must be certain. 6. It must be consistent with itself. 7. lt must be consistent with other customs. 1 Bl. Com. 74, 79.

PARTICULAR ESTATE. An estate which is carved out of a larger and which precedes a remainder; as, an estate for years to A, remainder to B for life; or, an estate, for life to A, remainder to' B in tail: this precedent¹⁰ estate is called the particular estate. 2 Bl. Com. 165; 4 Kent, Com. 226; 16 Vin. Abr. 216; 4 Com. Dig. 32; 5 Com. Dig. 346.

PARTTICULAR, LIEN¹¹, contracts. A right which a person has to retain property in respect of money or labor¹² expended¹³ on such particular property. For example, when a tailor has made garments out of cloth delivered to him for the purpose, he is not bound to part with the clothes until his employer, has paid him for his services; nor a ship carpenter with a ship which he has repaired; nor can an engraver¹⁴ be compelled to deliver the seal which he has engraved¹⁵ for another, until his compensation has been paid. 2 Roll. Ab. 92; 3 M. & S. 167; 14 Pick. 332; 3 Bouv. Inst. n. 2514. Vide Lien.

PARTICULARS, practice. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars. (q. v.)

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1 allege
vt.宣称，申述，主张，断言
参考例句：
The newspaper reporters allege that the man was murdered but they have given no proof.新闻记者们宣称这个男人是被谋杀的，但他们没提出证据。 Students occasionally allege illness as the reason for absence.学生时不时会称病缺课。

2 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。

3 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。

4 alleging
断言，宣称，辩解( allege的现在分词 )
参考例句：
His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。 This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

5 equity
n.公正，公平，（无固定利息的）股票
参考例句：
They shared the work of the house with equity.他们公平地分担家务。 To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

6 condemned
adj. 被责难的, 被宣告有罪的动词condemn的过去式和过去分词
参考例句：
He condemned the hypocrisy of those politicians who do one thing and say another. 他谴责了那些说一套做一套的政客的虚伪。 The policy has been condemned as a regressive step. 这项政策被认为是一种倒退而受到谴责。

7 proprietor
n.所有人；业主；经营者
参考例句：
The proprietor was an old acquaintance of his.业主是他的一位旧相识。 The proprietor of the corner grocery was a strange thing in my life.拐角杂货店店主是我生活中的一个怪物。

8 perfectly
adv.完美地，无可非议地，彻底地
参考例句：
The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。 Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

9 requisites
n.必要的事物( requisite的名词复数 )
参考例句：
It is obvious that there are two requisites. 显然有两个必要部分。来自辞典例句 Capacity of donor is one of the essential requisites of \"gift\". 赠与人的行为能力是\"赠与\"的一个重要前提。来自口语例句

10 precedent
n.先例，前例；惯例；adj.在前的，在先的
参考例句：
Is there a precedent for what you want me to do?你要我做的事有前例可援吗？ This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

11 lien
n.扣押权，留置权
参考例句：
A lien is a type of security over property.留置是一种财产担保。 The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。

12 labor
n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦
参考例句：
We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。 He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

13 expended
v.花费( expend的过去式和过去分词 )；使用（钱等）做某事；用光；耗尽
参考例句：
She expended all her efforts on the care of home and children. 她把所有精力都花在料理家务和照顾孩子上。 The enemy had expended all their ammunition. 敌人已耗尽所有的弹药。来自《简明英汉词典》

14 engraver
n.雕刻师，雕工
参考例句：
He was a sketcher and a copper-plate engraver. 他也是杰出的素描家和铜版画家。来自辞典例句 He was once an engraver in a printing factory. 他以前是印刷厂的一名刻工。来自互联网

15 engraved
v.在（硬物）上雕刻（字，画等）( engrave的过去式和过去分词 )；将某事物深深印在（记忆或头脑中）
参考例句：
The silver cup was engraved with his name. 银杯上刻有他的名字。 It was prettily engraved with flowers on the back. 此件雕刻精美，背面有花饰图案。来自《简明英汉词典》

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