Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Saturday, 15 July 2017

Legal English with Harvey and Mike from Suits: Pilot (Season 1 Episode 1)

Legal English with Harvey and Mike from Suits: Pilot (Season 1 Episode 1)

HARVEY: Well, first of all, Gerald, if you think anyone's gonna touch this deal after your bad faith, you're mistaken. Second, the way our agreement works is the minute Cooper signed the deal which gave you everything you wanted, our fee was due and payable, which is why at 7:30 I received confirmation of a wire transfer from Escrow indicating payment in full.

BAD FAITH – zła wiara (dishonesty or fraud in a transaction, an intent to deceive or mislead another in order to gain some advantage)a FEE – wynagrodzenie (money paid for work carried out by a professional person, such as a lawyer or an accountant
DUE AND PAYABLE – należne i płatne/ wymagalne (a specified amount of money is due and the time has arrived where payment is required)
DUE – należne (when a debt accrues (accumulates))
PAYABLE – płatne (when the obligation to pay it arises)
a CONFIRMATION OF A WIRE TRANSFER – potwierdzenie przelewu bankowego (information that money has been moved from one bank account to another)
ESCROW – rachunek Escrow (an account, typically at a bank, in which funds are held in trust for future distribution, the distribution may take place when a given obligation is performed)
PAYMENT IN FULL – płatność w całości (the giving of all funds due to another)

HARVEY: Can we please skip the recruiting? I work better alone anyway.
JESSICA: Well, I would, Harvey, except all senior partners get an associate. It's just a rule.
LOUIS: I'm sorry, what? Jessica, I deserve that promotion. My billables destroy his. And I'm here night and day doing whatever's needed instead of swanning in and out of here whenever I please.
HARVEY: I must admit, he does make me sound very swan-like.
JESSICA: Harvey, shut up. Louis, this is how it is. Alright? Now, you two make nice.

a SENIOR PARTNER – starszy partner, wspólnik kancelarii (a partner in a law firm whose level of involvement and responsibility (risks and rewards) is greater than that of the junior partners)
an ASSOCIATE pracownik kancelarii, młodszy prawnik (a lower-level lawyer working for a law firm)
BILLABLES (rozliczane/ fakturowane) godziny pracy (a number of hours worked by an attorney that a client is charged for= has to pay for)

DONNA: Rick Sorkin? Excuse me, Mr. Sorkin, you are 5 minutes late, is there a reason why I should let you in?
MIKE: Look, look, I'm just trying to ditch the cops, okay? I don't-, I don't really care if you let me in or not.
DONNA: Mr. Specter will be right with you.
MIKE: What?
DONNA: Can I get you anything? A coffee? A bottle of water?
MIKE: Hi, Rick Sorkin.
HARVEY: Harvey Specter, nice to meet you. Why don't you have a seat here?
[Mike's briefcase opens, the bags of weed pour out onto the floor.]
HARVEY: Woah. What's this?
HARVEY: How the hell did you know they were the police?
MIKE: I read this novel in elementary school and it was exactly the same thing.
HARVEY: You read a novel... in elementary school?
MIKE: What? I like to read.
HARVEY: Then why'd you ask them what time it was?
MIKE: Throw 'em off. What kind of drug dealer asks a cop what time it is when he's got a briefcase full of pot, right?
HARVEY: We should hire you. Jesus, I'd give you the 25 grand as a signing bonus.
MIKE: I'll take it.
 HARVEY: Unfortunately, we only hire from Harvard. And you, not only did not go to Harvard Law School, you haven’t even gone to any law school.
MIKE: What if I told you I consume knowledge like no one you’ve ever met and I’ve actually passed the bar?
HARVEY: I’d say you’re full of crap.
MIKE: That's a BarBri Legal Handbook right there, right? Open it up. Read me something. Anything.
HARVEY: Civil liability associated with agency is based on several factors, including-
MIKE: Including the deviation of the agent from his path, the reasonable inference of agency on behalf of the plaintiff, and the nature of the damages themselves.
HARVEY: How did you know that?
MIKE: I learned it. When I studied. For the bar.
HARVEY: Okay, hotshot. Fire up this laptop. I'm gonna show you what a Harvard attorney can do. Pick a topic.
MIKE: Stock option backdating.
HARVEY: Although backdating options is legal, violations arose related to disclosures under IRC section 409A.
MIKE: You forgot about Sarbanes-Oxley.
HARVEY: The statute of limitations render Sarbanes-Oxley moot post-2007.
MIKE: Well, not if you can find actions to cover up the violation as established in the Sixth Circuit May 2008.
HARVEY: That's impressive, but you're sitting at a computer.
MIKE: Sorry, if you want to beat me, you're gonna have to do it at something else. HARVEY: How can you know all that?
MIKE: I told you. I like to read. And once I read something, I understand it, and once I understand it, I never forget it.
HARVEY: Why take the bar?
MIKE: This dickhead bet me I couldn't pass it without going to law school.
HARVEY: Okay, look, this is all pretty fascinating stuff but I'm afraid I gotta get back to work. I'll make sure Serpico isn't around, waiting for you.
HARVEY: If you want this job so much, why didn't you just go to law school?
MIKE: When I was in college, it was my dream to be a lawyer. I needed some money and Trevor convinced me to memorise this math test and sell it. Turns out we sold it to the dean's daughter. I lost my scholarship, I got kicked out of school, I got knocked into a different life. And I have been wishing for a way back ever since.
HARVEY: Let me tell you something. This isn't elementary school, this is hard work. Long hours. High pressure. I need a grown God damn man.
MIKE: You give me this and I will work as hard as it takes to school those Harvard douches and become the best lawyer you have ever seen.
HARVEY: I'm inclined to give you a shot but what if I decide to go another way?
MIKE: I'd say that's fair. Sometimes I like to hang out with people who aren't that bright. You know, just to see how the other half lives.
HARVEY: Move over. I'm emailing the firm I just found our next associate.
HARVEY: Alright. You're gonna start a week from Monday, here's what you're gonna do. First, no more pot, we drug test. Stop smoking now, you'll be fine, I assume that's all the drugs you do.
MIKE: How do you know that?
HARVEY: You read books, I read people. Potheads smoke pot, that's what they do.
MIKE: That's not all I do. I have interests
HARVEY: You're Alber friggin' Einstein and you couldn't manage to get into law school, you think that's not from smoking weed?
MIKE: Trevor got-
HARVEY: That's another thing, you're never gonna talk to Trevor again. You're gonna ditch that briefcase and you're gonna get on a plane to Harvard and you're gonna learn everything there is about going to law school there. Did you buy that suit?
MIKE: Yeah.
HARVEY: Let's buy some new ones.

CIVIL LIABILITY – odpowiedzialność cywilna
THE BAR (EXAMINATION) – egzamin uprawniający do wykonywania zawodu adwokata (an exam that licenses law school graduates to practice law)
LIABILITY – odpowiedzialność prawna (a duty of care (a responsibility) of the defendant towards the plaintiff or the deceased person)
AGENCY – pełnomocnictwo (the legal relationship between two parties by which one party, the agent, is authorised to perform certain acts on behalf of the other party, the principal)
DEVIATION – przekroczenie umocowania przez pełnomocnika (an agent's activity that varies from the scope of the principal's permission)
INFERENCE – domniemanie (making a conclusion, a conclusion or opinion that is made based on the information that one has)
ON BEHALF OF THE PLAINTIFF – tu: przez pozwanego (here: by the person taken to court, by the agent)
STOCK OPTION – opcja giełdowa (the right to buy shares in the future at the price set at the time the option is granted)
OPTION BACKDATING – antydatowanie opcji (the practice of altering the date a stock option was granted, to a usually earlier date at which the stock price was lower)
VIOLATION – naruszenie przepisów (breaking the rules, an action against the law)
a DISCLOSURE – ujawnienie informacji (revealing/sharing information)
UNDER – zgodnie z (according to)
IRC – kodeks podatkowy (INTERNAL REVENUE CODE –   federal statutory tax law in the United States)
SARBANES-OXLEY – ustawa Sarbanesa-Oxleya (Sarbanes–Oxley Act, the Public Company Accounting Reform and Investor Protection Act)
THE STATUTE OF LIMITATIONS – termin przedawnienia  (a law that sets the maximum period of time within which a legal action may be brought)
MOOT – dyskusyjny/ nie mający zastosowania (unclear =discussed or argued about with no clear answer/not applicable=cannot be used)
FRANK SERPICO – amerykański policjant, który w latach sześćdziesiątych i siedemdziesiątych doprowadził do wszczęcia śledztwa w sprawie korupcji w New York City Police Department (NYPD) (a retired American New York City Police Department (NYPD) officer known for whistleblowing (exposing) on police corruption in the late 1960s and early 1970s)
an ASSOCIATE – pracownik kancelarii, młodszy prawnik (a lower-level lawyer working for a law firm)

RACHEL: Mike Ross? Hi, I’m Rachel Zane. I’ll be giving you your orientation.
MIKE: Wow, you’re pretty.
RACHEL: Good. You’ve hit on me. We can get it out of the way that I am not interested.
MIKE: No, I’m sorry. I wasn’t hitting on you.
RACHEL: Trust me. I’ve given dozens of these and without fail, whatever new hotshot it is, [he] thinks that because I’m just a paralegal, that I will somehow be blown away by his dazzling degree. Let me assure you, I won’t.
MIKE: I was. I was hitting on you.
RACHEL: You were. Take notes, I’m not gonna repeat myself.
MIKE: (whispers so she can’t hear) I love you.

a PARALEGAL – asystent prawny (a person trained to undertake legal work but not qualified as a professional solicitor or barrister)

JESSICA: I’ll, um, I’ll give you your promotion. But you have to do something for me.
HARVEY: Anything.
JESSICA: Pro bono.
HARVEY: Anything but that.
JESSICA: Harvey, pro bono cases are how we, as a firm, show that we care about more than just ourselves.
HARVEY: I’m not saying we shouldn’t do them. I’m saying I shouldn’t do them.
JESSICA: And it’s how you can show me that you care about more than just yourself. You’ll handle this yourself, you will not pass it off.
HARVEY: Absolutely.

PRO BONO – bez honorarium (free legal work done by an attorney for indigent (poor) clients and religious, charitable, and other nonprofit organisations)
to PASS SOMETHING OFF TO SOMEONE ELSE – przekazywać komuś innemu (to delegate work)

Harvey and Mike discussing a sexual harassment case
HARVEY: Think. If this guy’s done this once…
MIKE: He’s done it before.
HARVEY: And if the people who work for him now won’t testify against him…
MIKE: Someone who used to work for him might.
HARVEY: You know what? I would subpoena personnel records of every woman who’s left the firm during this guy’s tenure.
MIKE: That’s funny, that’s exactly what I thought.
HARVEY: Then what do you need my help for?
MIKE: I don’t know how to fill out a subpoena.

SEXUAL HARASSMENT – molestowanie seksualne (the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts)
to TESTIFY – zeznawać (to state under oath (pod przysięgą)
a SUBPOENA – wezwanie do sądu lub do okazania dokumentów pod groźbą kary (a document that orders a person or an organization to testify / bring physical evidence before the ordering authority)
to SUBPOENA – wzywać do sądu lub do okazania/ przedstawienia dokumentów (to serve with a subpoena/to deliver subpoena to someone)
a TENURE – okres piastowania urzędu (a period during which someone’s position at work is held)

HARVEY:  Where you been?
MIKE:  Hi. Um… getting drug tested actually.
HARVEY: The deposition’s this afternoon. Before they get here, I want you to grill this woman about her background for anything they might use against her. You got it?
MIKE: Got it.
HARVEY: Make her tell you everything.
MIKE: Everything.
HARVEY: Everything.
MIKE: Everything.
MIKE: Okay.

a DEPOSITION – ustne zeznanie pod przysięgą nagrywane lub spisywanie przez protokolanta sądowego, w którym strona postępowania lub świadek odpowiada na pytania adwokata jednej ze stron, poza salą sądową (the testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney’s office, taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony

JESSICA: Gerald Tate fired the firm.
HARVEY: So you're taking my promotion away.
JESSICA: You know, most firms would put you in front of the bar and have your licence stripped. You lied to a client and he figured it out.
HARVEY: I lied to him to get him to do the right thing and honour his goddamn contract, and you didn't seem to mind so much when you thought I got away with it.
JESSICA: But you didn't get away with it. And I can't justify handing you a promotion on the same day that you lose a huge a client.

TO PUT SOMEBODY IN FRONT OF THE BAR – zgłosić nadużycia w pracy adwokata (to report a lawyer to a disciplinary board for his or her misconduct)
TO HAVE SOMEONE’S LICENCE (LICENSE – US) STRIPPED – doprowadzić do pozbawienia prawa wykonywania zawodu (to make an attorney lose their right to work as a lawyer, to DISBAR – to take away the right of a lawyer to continue to practise law, usually because they have done something illegal or against the rules of the professional body that regulates the profession of lawyers)
TO HONOUR (HONOR – US) A CONTRACT – wywiązać się z postanowień umownych (to perform the obligations you agreed to in a contract)

HARVEY: Your wife owns 10% of the company's voting shares. You've been seeing this woman and several others for quite some time, how do you think your wife's gonna vote after she finds out?
MR. DOCKERY: Who said she has to find out?
HARVEY: My investigator got these within a week. What do you think a motivated
competitor's gonna dig up in a year?
HARVEY: I have a solution. Trade her your preferred shares, which have no voting rights, for her common shares, which do.
MR. DOCKERY: The preferred shares are worth $2,000,000 more.
HARVEY: A fraction of what you'll lose if you get voted out of your company. John, I don't care if you sleep with every woman in the Hamptons, just give her the preferred shares.

VOTING SHARES – akcje/ udziały z prawem głosu (voting shares give the shareholders the right to vote at annual or extraordinary general meetings)
PREFERRED SHARES – akcje/udziały uprzywilejowane (preferred stocks pay an agreed-upon dividend at regular intervals; they do not confer any voting rights; preferred stockholders must be paid before common stockholders)
COMMON SHARES – akcje/udziały zwykłe (they pay dividends depending on how profitable the company is; common stock shareholders can generally vote)

MR. HUNT'S LAWYER: Ms. Webster, would you say that you're a truthful person?
MR. HUNT'S LAWYER: So when you said earlier that you had never been arrested for a crime, you were, er, you were speaking the truth?
MR. HUNT'S LAWYER: Yes. So, in 1993 then, you were not arrested for stealing $1,000 worth of jewellery from the Willow Grove Mall in Pennsylvania?
JOANNA: [Shocked] I was 17. That-, that was one mistake, those records were supposed to be sealed.
MR. HUNT'S LAWYER: Oh, so when you say those records were sealed, what you mean to say is you thought you could get away with a lie.
JOANNA: [Getting aggrivated] No, that's not it, you're making it seem different than it is.
MR. HUNT'S LAWYER: I'm sorry, you were arrested in your past and you lied about it here under oath, is that making it seem different than what it is?

SEALED RECORDS – utajnone akta sprawy (records that need a court order to be seen or records that have been destroyed)
to GET AWAY WITH – uniknąć konsekwencji/ kary (to avoid negative consequences of an illegal or morally wrong action)
UNDER OATH – pod przysięgą (after formally promising to tell the truth)

MIKE: Wire transfer from your account to Joanna Webster’s, phone records with Joanna Webster prior to her testimony, and an affidavit stating you paid Ms. Webster to falsely testify. Mr. Hunt, harassment is a civil violation. The penalty is money. But witness tampering, that’s a crime, and you will go to prison, where I guarantee you’ll learn more about unwanted sexual advances than you can possibly imagine.

an AFFIDAVIT – pisemne oświadcznie pod przysięgą złożone dobrowolnie (a written statement of facts voluntarily made by an affiant under an oath)
FALSELY TESTIFY – zeznawać niezgodnie z prawdą, poświadczać nieprawdę (willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth)
HARASSMENT – molestowanie, napastowanie, nękanie (words, actions or behaviour (especially repeated or persistent) directed at a particular person that annoys or upsets that person)
a CIVIL VIOLATION – naruszenie przepisów prawa cywilnego (breaking civil law and not criminal law)
a PENALTY – kara (punishment for doing something against the law)
WITNESS TAMPERING – manipulowanie świadkiem (harming or otherwise threatening a witness, hoping to influence his or her testimony)



the nickname for The Central Criminal Court of England and Wales

Ø  The Old Bailey in located in London, about 200 yards (around 183 metres) northwest of St Paul's Cathedral.
Ø  A bailey is a fortified wall.
Ø  The court is nicknamed after  the road the court is situated on.
Ø  The Old Bailey is a Crown Court
Ø  The Old Bailey sits where there used to be the infamous medieval Newgate Prison.
Ø  Dead Man's Walk is the path that the convicted took from their cells to the gallows. It is an arched passage that with every couple of steps gets more and more narrow.
Ø  Above the main entrance it says: "Defend the Children of the Poor & Punish the Wrongdoer".
Ø  On the dome above the court stands a bronze statue of Lady Justice holding a sword in her right hand and the scales of justice in her left, yet she is not blindfolded.
Ø  Trials at the Old Bailey, as at other courts, are open to the public; however, they are subject to stringent security procedures.
Ø  All judges sitting in the Old Bailey are addressed as "My Lord" or "My Lady".
Ø  Daniel Defoe, Oscar Wilde, Dr Crippen, the Kray Twins, Yorkshire Ripper Peter Sutcliffe and, more recently, disgraced politician Jeffrey Archer and Soham murderer Ian Huntley have all faced their nemeses in the Old Bailey dock.

a CROWN COURT – sąd koronny (the higher court of first instance in criminal cases, as opposed to the magistrates’ court)

THE CONVICTED – skazani (those who have been declared guilty of a crime)

a GALLOWS (also A SCAFFOLD) – szubienica (a frame, typically wooden, used for execution by hanging)

LADY JUSTICE/ THEMIS/JUSTITIA – Temida, Iustitia, żeńskie uosobienie sprawiedliwości (a female personification of justice)

THE SCALE(S) OF JUSTICE – waga sprawiedliwości (scales held by Lady Justice to symbolise the measure of a case's support and opposition)

to be BLINDFOLDED – mieć opaskę na oczach (to have your eyes covered)

SUBJECT TO STRINGENT SECURITY PROCEDURES – podlegają ścisłym procedurom bezpieczeństwa (strict rules of security are in place)

a NEMESIS – nieunikniona kara (punishment that is deserved and cannot be avoided)

THE DOCK – miejsce dla oskarżonego (the defendant’s place in the courtroom, the place where the accused sits)

(1) I had to go to the Old Bailey, to me that was the epitome of achievement as a barrister. There’s something very special about appearing there.

(2) The trial took place in the Old Bailey before the Lord Chief Justice of England, the Master of the Rolls and Mr. Justice Greer.

(3) I stood trial at the Old Bailey on two counts of murder. I pleaded not guilty. Despite my contrition, when it came to it I just did not have the character to confess to such appalling behaviour, let alone face the prospect of untold years in prison. After eight days in the dock and four hours of jury deliberations I was found guilty on both counts. The judge sentenced me to two terms of life imprisonment with a recommendation that I serve, "... at least 14 years". My co-accused also received life.

a BARRISTER – adwokat (a lawyer in England and Wales whose main role is to represent clients in court; wears a gown and a wig; is a member of one of the four Inns of Court; has completed Bar Professional Training Course and a 12-month pupillage; often shares Chambers (the office) with other barristers; 1 in 20 barristers can work directly with private clients, others work through solicitors)

to APPEAR (IN COURT) – występować przed sądem (to be in court officially because you are involved in a trial as a lawyer, a party, a witness, an expert witness, etc.)

THE LORD CHIEF JUSTICE OF ENGLAND AND WALES – Lord Najwyższy Sędzia Anglii i Walii (the head of the judiciary and President of the Courts of England and Wales; the nominal President of the Criminal Division of the Court of Appeal and Head of Criminal Justice, but can appoint another judge to these positions under the 2005 Act)

THE MASTER OF THE ROLLS – Przewodniczący Wydziału Cywilnego Sądu Apelacyjnego (the second most senior judge in England and Wales after the Lord Chief Justice; serves as President of the Civil Division of the Court of Appeal and Head of Civil Justice)

JUSTICE – sędzia ((usually a senior) judge)

MR/MRS/MS JUSTICE – Sędzia (a title given before the name of a judge)

to STAND TRIAL – stanąć przed sądem, być sądzonym (be tried in a court of law)

a COUNT– zarzut (each separate charge in a criminal action)

to PLEAD NOT GUILTY – nie przyznać się do zarzucanego czynu (to say that you are not responsible for a crime)

CONTRITION – skrucha (remorse, regret for a sin or wrongdoing)

IN THE DOCK – w miejscu dla oskarżonego (in the defendant’s place in the courtroom, the place where the accused sits)

a DELIBERATION – narada (the act of considering (thinking about), discussing, and, hopefully, reaching a conclusion)

FOUND GUILTY ON BOTH COUNTS – uznany za winnego obu zarzutów (declared responsible for the two crimes)

TWO TERMS of – podwójna kara (multiple sentence (punishment), here: double)

LIFE IMPRISONMENT – kara dożywotniego pozbawienia wolności (the punishment of being sent to prison for the rest of your life; life imprisonment does not necessarily mean being sent to prison for life. For example, in the UK a judge must set a minimum term, after which a prisoner can be considered for early release)

to SERVE (14 YEARS/ TIME) – odbywać karę pozbawienia wolności (to spend a period of time in prison for a particular crime)

to RECEIVE LIFE – dostać dożywocie (kara dożywotniego pozbawienia wolności) (slang for being punished to life imprisonment) 

Friday, 14 July 2017

legal word of the day: A STATUTE OF LIMITATIONS

legal word of the day: A STATUTE OF LIMITATIONS
ENG: a law that sets the maximum period of time within which a legal action may be brought
POL: termin przedawnienia

When a statute of limitations has expired:
ü  a claim may no longer be filed or
ü  the defense of statute of limitations may be raised by the defendant or
ü  the court loses jurisdiction over the matter.

(a STATUTE OF LIMITATIONS) EXPIRES – termin przedawnienia upływa (ends)

to RAISE A DEFENSE (DEFENCE UK) – podnieść zarzut (to formally inform the court of a circumstance that can make the proceedings invalid)

a COURT LOSES JURISDICTION – tu: droga sądowa zostaje zamknięta/ dosł.: sąd przestaje być właściwy w sprawie  (a court cannot decide a case)

A statute of limitations:
ü  benefits the defendant;
ü  gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses.

(1) A statute of limitations is a privilege that is granted to a defendant. If the defendant fails to properly raise the defense of the statute of limitations, it will be considered to be waived.

to WAIVE – zrzec się (to give up, to resign, to not demand something that is your right)

(2) In some cases, however, the statute of limitations begins to run when the plaintiff could reasonably have discovered her injury, not when the injury actually occurred.

(a STATUTE OF LIMITATIONS) RUNS – termin przedawnienia biegnie (continues)

(3) If the statute of limitations has expired and the lawsuit has been filed in an untimely manner, it is up to you to alert the court to this fact.

a STATUTE OF LIMITATIONS EXPIRES – termin przedawnienia upływa (ends)

to FILE A CLAIM – złożyć pozew (to formally submit paperwork to court in order to sue someone)

IN AN UNTIMELY MANNER – po terminie (after it is allowed by law)

(4) When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction.

(5) The statute of limitations on the plaintiff's claim was three years.

Saturday, 8 July 2017

legal word of the day: MODUS OPERANDI, M.O.

legal word of the day: MODUS OPERANDI, M.O.

ENG:  the particular manner (style) in which crimes are committed by a person or a group

POL: sposób/ styl popełnianiania przestępstw typowy dla konkretnej osoby lub grupy

(1) The Son of Sam Killer in New York stabbed his first murder victim, resulting in a bloody mess and he didn’t like it. So he changed his modus operandi, and his subsequent victims were shot from a distance. Murderers change their modus operandi out of necessity and convenience.

to STAB – ugodzić nożem (to wound with a knife)

SUBSEQUENT – następne (next)

(2) A suspect's modus operandi can assist in their identification, apprehension, or repression, and can also be used to determine links between crimes.

a SUSPECT – osoba podejrzana (a person who is believed to have committed a crime)

APPREHENSION – ujęcie (arrest)

REPRESSION – unieszkodliwienie (keeping from hurting someone else)

(3)-And what is this serial predator’s M.O.?
- Well, that’s the thing – it’s still murky. Each victim died from blunt force trauma.

BLUNT FORCE TRAUMA – uraz spowodowany użyciem tępego narzędzia (injury caused by an object that is not sharp e.g. a baseball bat, a fist)

(4) This is exactly Stucky’s M.O. We should start looking for a container, a take-out container before someone else finds it (…) It’s him, Turner. I know it. And whatever he sliced out of her is going to show up at some outdoor café table.

(5) -The District PD finally called us in on the decapitated Jane Doe cases.
-Does that mean they believe both were killed by the same killer?
-It looks like the same M.O.

PD – Wydział Policji (Police Department)

DECAPITATED – pozbawiony głowy (with no head)

JANE DOE (US) – osoba niezidentyfikowana (an unidentified person)
unidentified man: John Doe, John Roe
unidentified woman: Jane Doe, Jane Roe
unidentified boy: Johnny Doe
unidentified girl: Janie Doe

(5) If it is the same guy, he didn’t use the same M.O. I can’t find anything that’s similar about this bombing and Oklahoma City. The bombs alone were dramatically different.

Friday, 7 July 2017

legal word of the day: DOUBLE JEOPARDY DOCTRINE

legal word of the day: DOUBLE JEOPARDY DOCTRINE

ENG: a person cannot be tried twice for the same offence (also spelt: offense (US))

POL:  zakaz ponownego sądzenia za ten sam czyn (polski odpowiednik: ne bis in idem – nie dwa razy w tej samej sprawie)

US: The Fifth Amendment protects Americans from:
o   retrial after an acquittal;
o   retrial after a conviction;
o   retrial after certain mistrials; and
o   multiple punishment.

UK: a case may be retried if there is new and compelling evidence (the Criminal Justice Act 2003)

the FIFTH AMENDMENT – piąta poprawka do Kostytucji Stanów Zjednoczonych (part of the Bill of Rights (1791))

a RETRIAL – ponowny/ wznowiony proces (a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence)

an ACQUITTAL – uniewinnienie, wyrok uniewinniający (a formal declaration in court that a person is not guilty of a crime they were accused of)

a CONVICTION – wyrok skazujący (a judgement in which the defendant was found guilty, a finding of guilt in a criminal case)

a MISTRIAL – nieważne postępowanie, nieważny proces (an invalid trial  due to an error in the proceedings or because the jury couldn’t reach a verdict)

PUNISHMENT – kara (a penalty inflicted as retribution for an offence)

COMPELLING – silny, przekonujący (strong)

(1) Non bis in idem originates in Roman civil law, but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions.

a JURISDICTION – obszar właściwości, jurysdykcja (a territory over which a specific court has the authority to hear a case)

(2) Double jeopardy applies only to charges that were the subject of an earlier final judgment.  A second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not.

to APPLY – mieć zastosowanie (to be able to be used)

a CHARGE – zarzut (a formal accusation of a crime)

to be the SUBJECT OF –  być przedmiotem czegoś (to be connected to)

to HOLD A TRIAL – przeprowadzić rozprawę (to have the hearing of statements and arguments in a court of law to resolve a dispute or decide if a person is guilty of a crime)

a MISTRIAL –nieważne postępowanie, nieważny proces (an invalid trial  due to an error in the proceedings or because the jury couldn’t reach a verdict)

to VIOLATE – naruszyć (to go against)

a CLAUSE – klauzula (a paragraph or section of a contract, statute, rule or other legal document)

PREMATURELY – przedwcześnie (before it is expected)

a JUDGMENT – wyrok (a decision of the court)

(3) If all elements of a lesser offense are relied on to prove a greater offense, the two crimes are the "same offense" for double jeopardy purposes, and the doctrine will bar the second prosecution. The defendant had first been convicted of operating an automobile without the owner's consent, and later of stealing the same automobile. The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense. Therefore, it overturned the second conviction.

a LESSER OFFENSE – przestępstwo zagrożone niższą karą (an offense that carries a smaller punishment)

a GREATER OFFENSE – przestępstwo zagrożone wyższą karą (an offense that carries a bigger punishment)

FOR THE PURPOSES OF – w kontekście (in the context of)

to BAR– zakazywać (to not allow)

to be CONVICTED OF – być skazanym w związku z popełnieniem… (to be found guilty of)

WITHOUT SOMEONE’S CONSENT bez zgody (without someone’s agreement)

THE SUPREME COURT – Sąd Najwyższy (the highest court)

to OVERTURN – uchylić (to declare the judgment wrong and invalid)

a CONVICTION – wyrok skazujący (a judgement in which the defendant was found guilty, a finding of guilt in a criminal case)

(4) If the earlier trial is a fraud, double jeopardy will not prohibit a new trial because the party acquitted has prevented themselves from being placed into "jeopardy" to begin with.

a FRAUD – oszustwo (wrongful or criminal deception intended to result in financial or personal gain)

to PROHIBIT – zakazywać (to not allow)

to ACQUIT – wydać wyrok uniewinniający/ unniewinnić (to declare that the person is not guilty of a crime)

PLACED INTO JEOPARDY – być sądzonym (to be tried by a criminal court)

(5) Double jeopardy also does not apply if the later charge is civil rather than criminal in nature. For example, O. J. Simpson was acquitted of a double homicide in a California criminal prosecution, but lost a civil wrongful death claim brought over the same victims.

to APPLY– mieć zastosowanie (to be able to be used)

a CHARGE– zarzut (a formal accusation of a crime)

to ACQUIT– wydać wyrok unniewiniający/ unniewinnić (to declare that the person is not guilty of a crime)

a HOMICIDE – zabójstwo (the killing of one person by another)

a WRONGFUL DEATH CLAIM – powództwo rodziny zmarłego o odszkodowanie/ zadośćuczynienie (a lawsuit, brought by the surviving family members and/or loved ones of someone who was killed as a result of someone else's careless (negligent) behavior or an intentional act.

to BRING A CIVIL CLAIM – wytoczyć powództwo (to start civil proceedings)

(6) A state may try a defendant for murder, after which the Federal government might try the same defendant for a Federal crime.

to TRY – sądzić (to decide about the guilt)

a FEDERAL CRIME – przestępstwo karane na podstawie przepisów federalnych, czyli obowiązujących we wszystkich stanach w przeciwieństwie do przestępstwa stanowego (a crime punishable based on the federal law as opposed to the law of a single state)