英文法律词典 I-10
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TO IMPANEL, practice. The writing the names of a jury on a schedule, by the sheriff or other officer lawfully2 authorized3.

IMPARLANCE, pleading and practice. Imparlance, from the French, parler, to speak, or licentia loquendi, in its most general signification, means time given by the court to either party to answer the pleading of his opponent, as either, to plead, reply, rejoin, &c., and is said to be nothing else but the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2 Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.

2. Imparlances are of three descriptions: First. A common or general imparlance. Secondly4. A special imparlance. Thirdly. A general special imparlance.

3. - 1. A general imparlance is the entry of a general prayer. and allowance of time to plead till the next term, without reserving to the defendant5 the benefit of any exception; so that, after such an imparlance, the defendant cannot object to the jurisdiction6 of the court, or plead any matter in abatement7. This kind of imparlance is always from one term to another.

4.-2. A special imparlance reserves to the defendant all exception to the writ1, bill, or count; and, therefore, after it, the defendant may plead in abatement, though not to the jurisdiction of the court.

5. - 3. A general special imparlance contains a saving of all exceptions whatsoever8, so that the defendant, after this, may plead, not only in abatement, but he may also plead a plea which affects the jurisdiction of the court, as privilege. He cannot, however, plead a tender, and that he was always ready to pay, because, by craving9 time, he admits he is not ready, and so falsifies his plea. Tidd's Pr. 418, 419. The last two kinds of imparlances are, it seems, sometimes from one day to another in the same term. See, in general, Com. Dig Abatement, I 19, 20, 21; 1 Chit. Pl. 420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig. Pleader, D; 1 Sell. Pr. 265; Doct. Pl. 291; Encycl. de M. D'Alembert, art. Delai (Jurisp.)

IMPEACHMENT11, const. law, punishments. Under the constitution and laws of the United States, an impeachment may be described to be a written accusation12, by the house of representatives of the United States, to the senate of the United States, against an officer. The presentment, written accusation, is called articles of impeachment.

2. The constitution declares that the house of representatives shall have the sole power of impeachment art. 1, s. 2, cl. 5 and that the senate shall have the sole power to try all impeachments13. Art. 1, s. 3, cl. 6.

3. The persons liable to impeachment are the president, vice-president, and all civil officers of the United States. Art. 2, s. 4. A question arose upon an impeachment before the senate, in 1799, whether a senator was a civil officer of the United States, within the purview14 of this section of the constitution, and it was decided15 by the senate, by a vote of fourteen against eleven, that he was not. Senate Journ., January 10th, 1799; Story on Const. 791; Rawle on Const. 213, 214 Serg. Const. Law, 376.

4. The offences for which a guilty officer may be impeached16 are, treason, bribery17, and other high crimes and misdemeanors. Art. 2, s. 4. The constitution defines the crime of treason. Art. 3, s. 3. Recourse must be had to the common law for a definition of bribery. Not having particularly mentioned what is to be understood by "other high crimes and misdemeanors," resort, it is presumed, must be had to parliamentary practice, and the common law, in order to ascertain18 what they are. Story, 795.

5. The mode of proceeding19, in the institution and trial of impeachments, is as follows: When a person who may be legally impeached has been guilty, or is supposed to have been guilty, of some malversation in office, a resolution is generally brought forward by a member of the house of representatives, either to accuse the party, or for a committee of inquiry20. If the committee report adversely21 to the party accused, they give a statement of the charges, and recommend that he be impeached; when the resolution is adopted by the house, a committee is appointed to impeach10 the party at the bar of the senate, and to state that the articles of impeachment against him will be exhibited in due time, and made good before the senate, and to demand that the senate take order for the appearance of the party to answer to the impeachment. The house then agree upon the articles of impeachment, and they are presented to the senate by a committee appointed by the house to prosecute22 the impeachment; the senate then issues process, summoning the party to appear at a given day before them, to answer to the articles. The process is served by the sergeant-at-arms of the senate, and a return is made of it to the senate, under oath. On the return-day of the process, the senate resolves itself into a court of impeacmment, and the senators are sworn to do justice, according to the constitution and laws. The person impeached is called to answer, and either appears or does not appear. If he does not appear, his default is recorded, and the senate may proceed ex parte. If he does appear, either by himself or attorney, the parties are required to form an issue, and a time is then assigned for the trial. The proceedings23 on the trial are conducted substantially as they are upon common judicial24 trials. If any debates arise among the senators, they are conducted in secret, and the final decision is given by yeas and nays25; but no person can be convicted without the concurrence26 of two-thirds of the members present. Const. art. 1, s. 2, cl. 6.

6. When the president is tried, the chief justice shall preside. The judgment27, in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. Proceedings on impeachments under the state constitutions are somewhat similar. Vide Courts of the United States.



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1 writ iojyr     
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。
2 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
3 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
4 secondly cjazXx     
adv.第二,其次
参考例句:
  • Secondly,use your own head and present your point of view.第二,动脑筋提出自己的见解。
  • Secondly it is necessary to define the applied load.其次,需要确定所作用的载荷。
5 defendant mYdzW     
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。
6 jurisdiction La8zP     
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。
7 abatement pzHzyb     
n.减(免)税,打折扣,冲销
参考例句:
  • A bag filter for dust abatement at the discharge point should be provided.在卸料地点应该装设袋滤器以消除粉尘。
  • The abatement of the headache gave him a moment of rest.头痛减轻给他片刻的休息。
8 whatsoever Beqz8i     
adv.(用于否定句中以加强语气)任何;pron.无论什么
参考例句:
  • There's no reason whatsoever to turn down this suggestion.没有任何理由拒绝这个建议。
  • All things whatsoever ye would that men should do to you,do ye even so to them.你想别人对你怎样,你就怎样对人。
9 craving zvlz3e     
n.渴望,热望
参考例句:
  • a craving for chocolate 非常想吃巧克力
  • She skipped normal meals to satisfy her craving for chocolate and crisps. 她不吃正餐,以便满足自己吃巧克力和炸薯片的渴望。
10 impeach Ua6xD     
v.弹劾;检举
参考例句:
  • We must impeach the judge for taking bribes.我们一定要检举法官收受贿赂。
  • The committee decided to impeach the President.委员会决定弹劾总统。
11 impeachment fqSzd5     
n.弹劾;控告;怀疑
参考例句:
  • Impeachment is considered a drastic measure in the United States.在美国,弹劾被视为一种非常激烈的措施。
  • The verdict resulting from his impeachment destroyed his political career.他遭弹劾后得到的判决毁了他的政治生涯。
12 accusation GJpyf     
n.控告,指责,谴责
参考例句:
  • I was furious at his making such an accusation.我对他的这种责备非常气愤。
  • She knew that no one would believe her accusation.她知道没人会相信她的指控。
13 impeachments 9c21d5b9385627b352573de8020d1f57     
n.控告( impeachment的名词复数 );检举;弹劾;怀疑
参考例句:
  • The Senate shall have the sole Power to try all Impeachments. 参议院独自拥有审理一切弹劾案的全权。 来自英汉非文学 - 政府文件
  • Clause 6:The Senate shall have the sole Power to try all Impeachments. 6.所有弹劾案,只有参议院有权审理。 来自互联网
14 purview HC7yr     
n.范围;眼界
参考例句:
  • These are questions that lie outside the purview of our inquiry.这些都不是属于我们调查范围的问题。
  • That,however,was beyond the purview of the court;it was a diplomatic matter.但是,那已不在法庭权限之内;那是个外交问题。
15 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
16 impeached 13b912bb179971fca2f006fab8f6dbb8     
v.控告(某人)犯罪( impeach的过去式和过去分词 );弹劾;对(某事物)怀疑;提出异议
参考例句:
  • Elected officials can be impeached. 经过选举产生的官员可以被弹劾。 来自《简明英汉词典》
  • The judge was impeached for taking a bribe. 这个法官被检举接受贿赂。 来自《现代汉英综合大词典》
17 bribery Lxdz7Z     
n.贿络行为,行贿,受贿
参考例句:
  • FBI found out that the senator committed bribery.美国联邦调查局查明这个参议员有受贿行为。
  • He was charged with bribery.他被指控受贿。
18 ascertain WNVyN     
vt.发现,确定,查明,弄清
参考例句:
  • It's difficult to ascertain the coal deposits.煤储量很难探明。
  • We must ascertain the responsibility in light of different situtations.我们必须根据不同情况判定责任。
19 proceeding Vktzvu     
n.行动,进行,(pl.)会议录,学报
参考例句:
  • This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
  • The work is proceeding briskly.工作很有生气地进展着。
20 inquiry nbgzF     
n.打听,询问,调查,查问
参考例句:
  • Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
  • The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。
21 adversely 6zEzi6     
ad.有害地
参考例句:
  • We commented adversely upon the imbecility of that message of telegraphic style. 我们对着这条电报式的愚蠢的留言发泄了一通不满。
  • Widely fluctuating exchange rates may adversely affect international trade. 浮动幅度很大的汇率可能会对国际贸易产生有害的影响。
22 prosecute d0Mzn     
vt.告发;进行;vi.告发,起诉,作检察官
参考例句:
  • I am trying my best to prosecute my duties.我正在尽力履行我的职责。
  • Is there enough evidence to prosecute?有没有起诉的足够证据?
23 proceedings Wk2zvX     
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
24 judicial c3fxD     
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。
25 nays 23305db6bee97d1c8b3ac4c67f2ff1e0     
n.反对票,投反对票者( nay的名词复数 )
参考例句:
  • The tally was two ayes and three nays. 投票结果是两票赞成,三票反对。 来自《简明英汉词典》
  • The tally was three yeas and two nays, so the yeas have it. 投票结果是三票赞成两票反对,投赞成票者胜利。 来自《现代英汉综合大词典》
26 concurrence InAyF     
n.同意;并发
参考例句:
  • There is a concurrence of opinion between them.他们的想法一致。
  • The concurrence of their disappearances had to be more than coincidental.他们同时失踪肯定不仅仅是巧合。
27 judgment e3xxC     
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。
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