Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Sunday, 4 September 2016

legal word of the day: DUE PROCESS OF LAW

legal word of the day: DUE PROCESS OF LAW

ENG: a fundamental, constitutional guarantee that all legal proceedings will be fair and that a person will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property (PROCEDURAL DUE PROCESS)

also a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious (SUBSTANTIVE DUE PROCESS)

to BE GIVEN (PRIOR) NOTICE – otrzymać (uprzednie) powiadomienie (to be informed about something important in advance)
THE PROCEEDINGS – postępowanie (a legal action)
ARBITRARY – przypadkowy, uznaniowy (based on random choice or personal whim, rather than any reason or system)

POL: sprawiedliwy/ rzetelny proces sądowy (węższe znaczenie oznaczające przestrzeganie prawa procesowego)
zachowanie reguł gwarantujących praworządność (szersze znaczenie, obejmuje zarówno prawo procesowe jak i materialne)

(1) No State shall … deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (14th Amendment)

JURISDICTION – jurysdykcja (the authority of a court to hear a case connected with a specific geographic area)

(2) Although the words “due process of law” are not found in the Magna Carta, that charter is commonly treated as the historical antecedent of the Due Process Clauses.

a CHARTER – karta (a formal statement of the rights of a country's people, or of an organization or a particular social group)

(3) Williams argues that he was deprived of due process by two instances of jury misconduct: an instance in which a juror visited the county attorney's office during the trial on an unrelated child custody matter, and an allegation by Williams that he saw a victim's husband talking to jurors.
INSTANCES – przypadki (cases)

 MISCONDUCT – zakłócanie porządku postępowania (unlawful behaviour by a person with the administration of justice, by which the rights of the parties and the justice of the case may have been affected)
a COUNTY ATTORNEY – prokurator okręgowy dla hrabstwa (a public official who acts as prosecutor for the state in a particular county)
CHILD CUSTODY – opieka nad dzieckiem (the care, control, and maintenance of a child, which a court may award to one of the parents following a divorce or separation proceeding)
an ALLEGATION – zarzut  (a claim)

(4) The due-process-of-law violation was premised on the fact that he was not given prior notice and an opportunity to defend against the issuance of the writ before its issuance.

PREMISED ON – oparty (based on)
to BE GIVEN (PRIOR) NOTICE – otrzymać (uprzednie) powiadomienie (to be informed about something important in advance)
THE ISSUANCE OF a WRIT – wydanie nakazu sądowego (making a court order)

(5) Recently, a 2-1 majority of the District II Wisconsin Court of Appeals found no due process violation related to the destruction of the blood sample, affirming Weissinger’s conviction.

to AFFIRM THE CONVICTION – utrzymać wyrok skazujący w mocy (to uphold (confirm) a judgement in which the defendant was found guilty and convicted)

Polish sources to check out:

Friday, 2 September 2016

legal word of the day:TAKE THE FIFTH, PLEAD THE FIFTH

legal word of the day: TAKE THE FIFTH, PLEAD THE FIFTH

ENG: to rely on the Fifth Amendment (Amendment V) to the United States Constitution that protects the person from having to be a witness against himself in a criminal case

POL: powoływać się na piątą poprawkę, która zapewnia Amerykanom prawo do odmowy zeznań w sprawie karnej na swoją niekorzyść

No person … shall be compelled in any criminal case to be a witness against himself

(1) The New York Times reported that Judge Ito ruled the jury could not be told that Fuhrman had plead the fifth because jurors often incorrectly assume that it equals an admission of guilt. Instead, he gave the jury the following instructions: "Detective Mark Fuhrman is not available for further testimony as a witness in this case. His unavailability for further testimony on cross-examination is a factor which you may consider in evaluating his credibility as a witness."

an ADMISSION OF GUILT – przyznanie się do winy (saying that you are guilty)
TESTIMONY – zeznania (oral evidence offered by a competent witness under oath, which is used to establish some fact or set of facts)
CROSS-EXAMINATION –  przesłuchanie świadka strony przeciwnej (asking question of a witness called to the stand by the opposing party)
CREDIBILITY – wiarygodność (how convincing and believable someone is)

(2) Now, the question for a lawyer is, when an opposing party asserts their right against self-incrimination, what do you do? You can move on to another subject, but that’s not the right way to do it. When a party asserts the Fifth, you make them dig as deep and as wide a hole as you can, asking as many specific questions as possible to prompt the assertion of the privilege. The more “I plead the Fifth” answers you get, the better.

to ASSERT THE RIGHT/ ASSERT THE PRIVILEGE – skorzystać z prawa/ przywileju (to use one’s right/ privilege)
SELF-INCRIMINATION – składanie zeznań obciążających samego siebie (testyfiying against oneself)

(3) MARK: Can I just take the Fifth Amendment?
REGGIE: No, it won’t work, Mark. (…) The questions will not be asked to incriminate you. They will be asked for the purpose of gathering information you may have. (…) Your answers cannot incriminate you. So, you cannot hide under the protection of the Fifth Amendment.

MARK: Can I take the Fifth Amendment?
MARK: Why not? It applies to kids, doesn’t it?
JUDGE: Yes, but not in this situation. (…) You’re not implicated in any crime.
MARK: Then why did you put me in jail?
JUDGE: I’m going to send you back there if you don’t answer my questions.
JUDGE: Did Mr. Clifford say anything about the present location of the body of Boyd Boyette?
MARK: Take the Fifth.
JUDGE: You can’t take the Fifth, Mark.
MARK: I just did.

to INCRIMINATE – obciążać, oskarżać (make (someone) appear guilty of a crime or wrongdoing)

IMPLICATED IN – zamieszany w (involved in)

Tuesday, 30 August 2016

legal word of the day: ARRESTED WITHOUT INCIDENT

legal word of the day: ARRESTED WITHOUT INCIDENT

ENG: arrested by the police without any unexpected trouble, without offering resistance by the suspect or using force by the police

POL: zatrzymaniu nie towarzyszyło stawianie oporu przez podejrzanego/ walka/użycie siły przez policję

(1) Shooting suspect arrested without incident: The man suspected of a deadly shooting last month in Stevens Point did not put up a fight when he was caught by police in another state.

(2) Cortez was arrested "without incident,"meaning he surrendered himself with no resistance.

(3) He was arrested without incident on two outstanding warrants for unlawfully taking a motor vehicle, aggravated battery against a household member, battery against a household member, aggravated assault and breaking and entering.
An OUTSTANDING WARRANT – ważny nakaz aresztowania (a valid arrest warrant that was originally issued months or years ago, still valid because the person has not been arrested yet)
UNLAWFULLY – bezprawnie (illegally, against the law)
AGGRAVATED – kwalifikowany, podlegający zaostrzonej karze (made more serious by attendant circumstances)
BATTERY – pobicie (any unlawful offensive physical contact with another person, any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him)
ASSAULT – napaść (a threat of bodily harm coupled with an apparent, present ability to cause the harm)
BREAKING AND ENTERING – włamanie (entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization.

(4) Privilege of ‘Arrest Without Incident’: (…) But none had the privilege of being “arrested without incident or injury.” They were all black, all killed by police officers. Brown was shot through the head. Garner was grabbed around the neck in a chokehold, tossed to the ground and held there, even as he pleaded that he couldn’t breathe; it was all caught on video.

a CHOKEHOLD – duszenie (a tight grip round a person's neck, used to restrain them by restricting their breathing)

Monday, 29 August 2016

legal word of the day: JURY DUTY/ JURY SERVICE

legal word of the day: JURY DUTY, JURY SERVICE

ENG: having to show up at the court and to act as a juror in a court proceeding

POL: obowiązek stawienia się w sądzie i wykonywania funkcji członka ławy przysięgłych w postępowaniu sądowym

(1) A woman has claimed her mother is currently doing jury service with pop star Taylor Swift in Nashville.

(2) You must do jury service when you’re asked. When you’re sent a jury summons, you must complete and return it within 7 days.

(3) Taylor Swift Had to Show Up to Jury Duty in Nashville Because She’s Not Above the Law

(4) By serving jury duty, you are participating in the administration of justice, and fulfilling one of the most basic principles in a democratic society.

(5) Q: Do I have to perform jury service if I'm over 70 years of age?
 A: There is no age exemption for jury service

A SUMMONS – wezwanie do stawienia się w sądzie (an official demand to appear in (show up at) a court of law)
ABOVE THE LAW – ponad prawem (in a position where one can avoid being bound by the laws that govern ordinary people)
THE ADMINISTRATION OF JUSTICE – wymiar sprawiedliwości (the personnel, activity and structure of the justice system)
an EXEMPTION – zwolnienie od obowiązku (the right not to perform an obligation that others have)

Friday, 26 August 2016

legal word of the day: WITH PREJUDICE

legal word of the day: WITH PREJUDICE

ENG: extinguishing any right to pursue a claim in another suit, final

POL: bez możliwości wznowienia (o powództwie lub postępowaniu), ostateczny

to EXTINGUISH – pozbawiać  (to cancel)
to PURSUE A CLAIM – dochodzić roszczenia (to take somebody to court, to sue)

 (1) According to TMZ, Depp is expected to pay Heard $7 million. The actress, when withdrawing her domestic violence case, did so with prejudice, meaning she cannot re-file in the future. 

to WITHDRAW – wycofać (to take back, to dismiss)
DOMESTIC VIOLENCE – przemoc domowa
to REFILE – ponownie złożyć (to file again, to submit in court again)

 (2) Dismissal with prejudice would forbid a party from refiling the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint or could be the result of an out of court agreement or settlement.

DISMISSAL – odstąpienie/wycofanie oskarżenia/ pozwu (taking back, withdrawing your claim)
MISCONDUCT – zakłócanie porządku postępowania (unlawful behaviour by a person with the administration of justice, by which the rights of the parties and the justice of the case may have been affected.
to FILE A CLAIM – wnosić pozew
to FILE A CRIMINAL COMPLAINT – wnosić oskarżenie
an OUT OF COURT SETTLEMENT – ugoda pozasądowa (an agreement between two litigants to settle a matter privately before the Court has rendered (given) its decision.)

(3) Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it. The defendant cannot be retried.

DISMISSAL – umorzenie postępowania (ending a legal action before the trial is finished)
RES JUDICATA – powaga rzeczy osądzonej (a matter already judged)
to RETRY – ponownie sądzić (to put before the court again)

Sunday, 25 October 2015

legal word of the day: THE STANDARD OF CARE

legal word of the day: THE STANDARD OF CARE

ENG: degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances
POL: oczekiwany stopień staranności

REASONABLE – rozsądny (here: rational, also: appropriate, ordinary, usual)
PRUDENT – roztropny, rozważny (avoiding risks and uncertainties; careful)
to EXERCISE – zachować (to use)

(1) The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached, with expert testimony.

MEDICAL MALPRACTICE – błąd w sztuce lekarskiej (improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional)
A PLAINTIFF – powód (he who, in a personal action, seeks a remedy for an injury to his rights)
to ESTABLISH THE APPROPRIATE STANDARD OF CARE –  ustalić stosowny w danej sytuacji stopień staranności (to find and agree what standard of care a certain person should have met in a given situation)
to BREACH THE STANDARD OF CARE – nie zachować oczekiwanego stopnia staranności (to fail to meet the standard of care, to be negligent)
EXPERT TESTIMONY – opinia biegłego  (testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field.

(2) The courts are prepared to lower the standard of care expected of children, on account of their age. A child defendant is expected to meet the standard of a reasonable child of the same age.

ON ACCOUNT OF – z racji, ze względu (because of)
a DEFENDANT – pozwany, oskarżony (the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution)

(3) In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work.

(4) Someone who does DIY jobs repairing their own house is expected to show the same standard of care as a reasonably skilled amateur in the particular trade involved. However, they are not required to reach the standard of a professional.

(5) A recipient of pro bono services is entitled to expect the same standard of care as a person who pays for the same services.

PRO BONO – nieodpłatne (free of charge)
to BE ENTITLED TO – być uprawnionym (to have the right to)

Friday, 16 October 2015

legal word of the day: SCOTUS

legal word of the day: SCOTUS or SCotUS
ENG: short for The Supreme Court of the United States
POL: skrót oznaczający Sąd Najwyższy Stanów Zjednoczonych

(1) The Supreme Court of the United States (SCOTUS) is the highest federal court of the United States.
(2) SCOTUS Justice Sonia Sotomayor Officiates at Same-Sex Wedding.
(3)SCOTUS has ruled that an officer's mistake of law does not violate the 4th Amendment, so long as the mistake is "reasonable."
(4)How SCOTUS Made It Legal For Cops To Pull You Over For Just About Anything.

a JUSTICE – sędzia (a judge)
to OFFICIATE – poprowadzić (to perform the duties and functions of an office or a position of authority)
an AMENDMENT – poprawka (an alteration of or addition to a motion, bill, constitution)

to PULL smb OVER – zatrzymać  (to cause someone to drive over to the side of the road)