英文法律词典 R-29

时间：2008-03-21 07:34:54

（单词翻译:单击）

REGRESS. Returning; going back opposed to ingress. (q. v.)

REGULAR DEPOSIT. One where the thing deposited must be returned. It is distinguished1 from an irregular deposit.

REGULAR AND IRREGULAR PROCESS. Regular process is that which has been lawfully2 issued by a court or magistrate3, having competent jurisdiction4. Irregular process is that which has been illegally issued.

2. When the process is regular, and the defendant5 has been damnified, as in the case of a malicious6 arrest, his remedy is by an action on the case, and not trespass7: when it is irregular, the remedy is by action of trespass.

3. If the process be wholly illegal or misapplied as to the person intended to be arrested, without regard to any question of fact, or whether innocent or guilty, or the existence of any debt, then the party imprisoned8 may legally resist the arrest and imprisonment9, and may escape, be rescued, or even break prison; but if the process and imprisonment were in form legal, each of these acts would be punishable, however innocent the defendant might be, for he ought to submit to legal process, and obtain his release by due course of law. 1 Chit. Pr. 637; 5 East, R. 304, 308; S. C. 1 Smitt's Rep. 555; 6 T. R. 234; Foster, C. L. 312; 2 Wils. 47; 1 East, P. C. 310 Hawk10. B. 2, c. 19, s. 1, 2.

4. When a party has been arrested on process which has afterwards been set aside for irregularity, he may bring an action of trespass and recover damages as well against the attorney who issued it, as the party, though such process will justify11 the officer who executed it. 8 Adolph. & Ell. 449; S. C. 35 E. C. L. R. 433; 15 East, R. 615, note c; 1 Stra. 509; 2 W. Bl. Rep., 845; 2 Conn. R. 700; 9 Conn. 141; 11 Mass. 500; 6 Greenl. 421; 3 Gill & John. 377; 1 Bailey, R. 441; 2 Litt. 234; 3 S. & R. 139 12 John. 257 3 Wils. 376; and vide Malicious Prosecution12.

REHABILlTATION. The act by which a man is restored to his former ability, of which he had been deprived by a conviction, sentence or judgment13 of a competent tribunal.

REHEARING. A second consideration which the court gives to a cause, on a second argument.

2. A rehearing takes place principally when the court has doubts on the subject to be decided14; but it cannot be granted by the supreme15 court after the cause has been remitted16 to the court below to carry into effect the decree of the supreme court. 7 Wheat. 58.


分享到：


点击收听单词发音收听单词发音  

1 distinguished wu9z3v     
adj.卓越的，杰出的，著名的
参考例句：
  • Elephants are distinguished from other animals by their long noses.大象以其长长的鼻子显示出与其他动物的不同。
  • A banquet was given in honor of the distinguished guests.宴会是为了向贵宾们致敬而举行的。
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 magistrate e8vzN     
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。
4 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。
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 malicious e8UzX     
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。
7 trespass xpOyw     
n./v.侵犯，闯入私人领地
参考例句：
  • The fishing boat was seized for its trespass into restricted waters.渔船因非法侵入受限制水域而被扣押。
  • The court sentenced him to a fine for trespass.法庭以侵害罪对他判以罚款。
8 imprisoned bc7d0bcdd0951055b819cfd008ef0d8d     
下狱，监禁( imprison的过去式和过去分词 )
参考例句：
  • He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
  • They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。
9 imprisonment I9Uxk     
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。
10 hawk NeKxY     
n.鹰，骗子；鹰派成员
参考例句：
  • The hawk swooped down on the rabbit and killed it.鹰猛地朝兔子扑下来,并把它杀死。
  • The hawk snatched the chicken and flew away.老鹰叼了小鸡就飞走了。
11 justify j3DxR     
vt.证明…正当(或有理)，为…辩护
参考例句：
  • He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
  • Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？
12 prosecution uBWyL     
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。
13 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。
14 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。
15 supreme PHqzc     
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。
16 remitted 3b25982348d6e76e4dd90de3cf8d6ad3     
v.免除（债务），宽恕( remit的过去式和过去分词 )；使某事缓和；寄回，传送
参考例句：
  • She has had part of her sentence remitted. 她被免去部分刑期。 来自《简明英汉词典》
  • The fever has remitted. 退烧了。 来自《现代英汉综合大词典》

©2005-2010英文阅读网