Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.

LAW IS THE ART OF THE GOOD AND THE EQUITABLE.



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)