英文法律词典 P-118_法律英语

英文法律词典 P-118

文章来源：文章作者：发布时间：2008-03-21 05:59 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

PROCERES. The name by which the chief magistrates¹ in cities were formerly² known. St. Armand, Hist. Eq. 88.

PROCES VERBAL, French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.

2. The proces verbal should be dated, contain the name, qualities, and residence of the public functionary⁴ who makes it, the cause of complaint, the existence of the crime, that which serves to substantiate⁵ the charge, point out its nature, the time, the place, the circumstances, state the proofs and presumptions⁶, describe the place, in a word, everything calculated to ascertain⁷ the truth. It must be signed by the officer. Dall. Dict. h. t.

PROCESS, practice. So denominated because it proceeds or issues forth⁸ in order to bring the defendant⁹ into court, to answer the charge preferred against him, and signifies the writ³ or judicial¹⁰ means by which he is brought to answer. 1 Paine, R. 368 Bouv. Inst. Index, h. t.

2. In the English law, process in civil causes is called original process, when it is founded upon the original writ; and also to distinguish it from mesne or intermediate process, wliich issues pending¹¹ the suit, upon some collateral¹² interlocutory matter, as, to summon juries, witnesses,, and the like; mesne process is also sometimes put in contradistinction to final process, or process of execution; and then it signifies all process which intervenes between the beginning and end of a suit. 3 Bl. Com. 279.

3. In criminal cases that proceeding¹³ which is called a warrant, before the finding of the bill, is termed process when issued after the indictment¹⁴ has been found by the jury. Vide 4 Bl. Com. 319; Dalt. J. c. 193; Com. Dig. Process, A 1; Burn's Dig. Process; Williams, J, Process; 1 Chit. Cr. Law, 338; 17 Vin. Ab. 585.

4. The word process in the 12th section of the 5th article of the constitution of Pennsylvania, which provides that "the style of all process shall be The Commonwealth¹⁵ of Pennsylvania," was intended to refer to such writs¹⁶ only as should become necessary to be issued in the course of the exercise of that judicial power which is established and provided for in the article of the constitution, and forms exclusively the subject matter of it. 3 Penns. R. 99.

点击

收听单词发音

1 magistrates
地方法官，治安官( magistrate的名词复数 )
参考例句：
to come up before the magistrates 在地方法院出庭 He was summoned to appear before the magistrates. 他被传唤在地方法院出庭。

2 formerly
adv.从前，以前
参考例句：
We now enjoy these comforts of which formerly we had only heard.我们现在享受到了过去只是听说过的那些舒适条件。 This boat was formerly used on the rivers of China.这船从前航行在中国内河里。

3 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。

4 functionary
n.官员；公职人员
参考例句：
No functionary may support or cover up unfair competition acts.国家官员不得支持、包庇不正当竞争行为。 " Emigrant," said the functionary,"I am going to send you on to Paris,under an escort."“ 外逃分子，”那官员说，“我要把你送到巴黎去，还派人护送。”

5 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。

6 presumptions
n.假定( presumption的名词复数 )；认定；推定；放肆
参考例句：
Much modern technological advance is based on these presumptions of legal security. 许多现代技术的发展都是基于这些法律安全设想的考虑。来自互联网 What visions, what expectations and what presumptions can outsoar that flight? 那一种想象，那一种期望和推测能超越他之上呢？来自互联网

7 ascertain
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。

8 forth
adv.向前；向外，往外
参考例句：
The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。 He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

9 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。

10 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。

11 pending
prep.直到，等待…期间；adj.待定的；迫近的
参考例句：
The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。 He knew my examination was pending.他知道我就要考试了。

12 collateral
adj.平行的；旁系的；n.担保品
参考例句：
Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。 Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押，这里大部分人无法从银行贷款。

13 proceeding
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。

14 indictment
n.起诉；诉状
参考例句：
He handed up the indictment to the supreme court.他把起诉书送交最高法院。 They issued an indictment against them.他们起诉了他们。

15 commonwealth
n.共和国，联邦，共同体
参考例句：
He is the chairman of the commonwealth of artists.他是艺术家协会的主席。 Most of the members of the Commonwealth are nonwhite.英联邦的许多成员国不是白人国家。

16 writs
n.书面命令，令状( writ的名词复数 )
参考例句：
Authority thereof shall issue Writs of Election to fill such Vacancies. 管理局须发出令状的选举，以填补这些空缺。来自互联网 Writs of arrest were issued for a thousand students throughout the country. 全国各地有一千名学生被拘捕。来自互联网

上一篇：英文法律词典 P-117 下一篇：英文法律词典 P-119