legal word of the day: REMAND (US), REMIT (UK)

legal word of the day: REMAND (US)/ REMIT (UK)

ENG: to send a case back to a lower court

POL: przekazać do ponownego rozpoznania

(1) When an appeals court reverses a lower court judgment, it will usually remand (US)/remit (UK) the case to the lower court for a new judgment to be issued.

(2) The role of an appellate court is to determine whether the trial court did its job properly. If so, the appellate court can affirm the judgment of the trial court. If not, the appellate court can reverse or vacate the judgment and remand to the trial court for further proceedings.

(3) The court may reverse, affirm, or amend the magistrates’ decision and may also remit the matter back to them with its opinion on the legal issues involved.

to REVERSE/ VACATE – uchylić (to say officially that a judgment no longer has effect)

a JUDGMENT – wyrok (the court’s decision)

the TRIAL COURT – sąd pierwszej instancji (the court of first instance)

to AFFIRM – utrzymać w mocy (to officially say that a judgment is valid (=acceptable and will be upheld))

to AMEND – zmienić (zaskarżony wyrok) (to change the judgment by correcting an error made in the trial court)

FURTHER PROCEEDINGS – dalsze postępowanie w sprawie (the continuation of trying a case)

MAGISTRATES’ COURT – sąd magistracki (a lower court in England and Wales, where most criminal proceedings start)

 (4) But one (…) entry seems to resolve a long-simmering debate among court geeks about why the court, when it rejects a lower court ruling, sometimes “reverses” it and other times “vacates” it. (…) This Court should reverse if it deems the judgment below to be absolutely wrong, but vacate if the judgment is less than absolutely wrong. (…) There you go. Reverse is when things are really, really wrong. Vacate is when it is somewhat wrong.

US versus UK: PLAINTIFF (US) vs CLAIMANT (UK)

US versus UK: PLAINTIFF (US) vs CLAIMANT (UK)

ENG: the party who initiates (starts) a civil lawsuit

POL: powód

explanation:

In 1999, after the Civil Procedure Rules (1998) came into force, the term “claimant” replaced the term “plaintiff” in civil courts of England and Wales. The new term is believed to be less archaic and more understandable for non-professionals.

to COME INTO FORCE – wchodzić w życie (to start to have legal force and effect)

(1) In most English speaking jurisdictions, including Hong Kong, Nigeria, Australia, Canada and the United States, as well as in both Northern Ireland and the Republic of Ireland, the legal term "plaintiff" is still in use, as a general term for the party taking action in a civil case.

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

to TAKE (LEGAL) ACTION – pozywać (to take to court, to sue)

(2) The move, which brings England and Wales out of line with general usage in English-speaking jurisdictions, was reportedly based on an assessment that the word "claimant" is more acceptable as "plain English" than the word "plaintiff"

(3) But plain English, rather than the old-fashioned legal expressions, will be used:

• "Plaintiff" changes to "claimant" 
• "Writ" changes to "claim form" 
• (…) "motion" changes to "application" 
• "Minor" or "infant" changes to "child" 
• "Subpoena" changes to "witness summons" 
• "Inter partes" changes to "with notice" 
• "Ex parte" changes to "without notice" 
• "Taxing master" changes to "costs judge"

a(n) (INITIAL) WRIT – pozew/ powiadomienie o wytoczeniu powództwa (a legal document that tells a person about a lawsuit that has been filed against them, including details of the claim and when and where the case will be held)

a CLAIM FORM – formularz pozwu (a form with boxes for the claimant to fill about his case)

a MOTION/ (APPLICATION (UK) – wniosek (an application made to a court or judge in relation to a particular issue during a lawsuit)

a MINOR – nieletni (someone who is too young to have the legal responsibilities of an adult)

a SUBPOENA/ (WITNESS) SUMMONS (UK) – wezwanie do sądu (świadka) (an order requiring a person (a witness) to appear in court)

INTER PARTES/ WITH NOTICE – przy udziale obu stron (a hearing at which all parties relevant to the application are present and make representations to the court)

EX PARTE/ WITHOUT NOTICE – przy udziale jednej strony (an attorney's communication with a judge (the other party is not represented))

a COSTS JUDGE – sędzia ustalający podział kosztów procesu (a judge who makes the assessment of costs which are recoverable from a litigant by another litigant or by a lawyer)

legal word of the day: RES IPSA LOQUITUR

legal word of the day: RES IPSA LOQUITUR

(the thing speaks for itself = the very nature of an accident or injury points to the defendant’s negligence)

A doctrine in the law of torts, according to which the defendant may be presumed (thought) to be responsible for the plaintiff’s injury if

§  the injury is of the type that does not usually occur (take place) without negligence (careless behaviour)

§  it is more probable that the defendant, and not third parties, is responsible for the injury

§  the plaintiff’s behavior did not cause the injury

§  the defendant is unable to explain the injury by claiming that his actions met the standard of care.

NEGLIGENCE – zaniedbanie (failure to be as careful as the law demands)

a TORT – delikt  (a civil wrong that unfairly causes someone else to suffer loss or harm)

to PRESUME – domniemywać (to suppose to be true without proof)

the STANDARD OF CARE –  oczekiwany stopień staranności (degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances)

(1) Res ipsa loquitur often arises in the "scalpel left behind" variety of case. For example, a person goes to a doctor with abdominal pains after having his appendix removed. X-rays show the patient has a metal object the size and shape of a scalpel in his abdomen. It requires no further explanation to show the surgeon who removed the appendix was negligent, as there is no legitimate reason for a doctor to leave a scalpel in a body at the end of an appendectomy.

NEGLIGENT – niedbały, niedochowujący należytej staranności (about someone who failed to put as much care as the law demands)

(2) In one case, a person was injured when an elevator in which she was riding fell very rapidly. She brought a negligence action against both the owner of the building and the company that manufactured the elevator and had the maintenance service contract for the building. The plaintiff relied completely on res ipsa. The jury found for the plaintiff since a falling elevator is not the type of accident that usually occurs without negligence.

to BRING AN ACTION AGAINST – wytoczyć powództwo (to file a suit)

to FIND FOR THE PLAINTIFF – orzec na korzyść powoda (to make a decision in favour of the plaintiff)

legal word of the day: I REST MY CASE, YOUR HONOUR.

legal word of the day: I REST MY CASE, (YOUR HONOUR).

ENG:   My argument is proven.

I conclude my statement.

used in a court of law by a lawyer to express that they have finished explaining their case

POL:   Nie mam nic więcej do dodania (Wysoki Sądzie).

zakończyć przedstawianie sprawy

(1) All the evidence points toward the defendant's guilt. I rest my case.

the DEFENDANT – oskarżony (the party charged with a crime in a criminal prosecution)

(2) The prosecutors in Bill Cosby's criminal trial rested their case at the end of the day on Friday, and on Monday the comedian's defense will begin.

a PROSECUTOR – oskarżyciel, prokurator (a person who conducts the case against a defendant in a criminal court.)

DEFENSE (US)/ DEFENCE (UK) – obrona (the activity of proving that the defendant is not guilty of a crime)

(3) Many times, after the prosecution rests its case, the defense will make a motion to dismiss the case because the evidence presented did not prove the defendant guilty beyond a reasonable doubt. Rarely does the judge grant this motion, but it does happen.

to MAKE A MOTION – wnosić o (to make an application to a court for a rule or order)

to DISMISS A CASE –  umorzyć postępowanie (to throw the case out of court)

BEYOND A REASONABLE DOUBT– ponad racjonalną wątpliwość (a reasonable person believes that the defendant is guilty)

to GRANT A MOTION – uwzględnić wniosek (a situation when the Court agrees to the request)

(4) “I rest my case, Your Honor!” I finished. The judge excused Lorrie from the stand. I watched her walk past her grandparents and aunt, who were seated in the court pews, and take a seat with my ex-wife's family on the opposite side of us as they welcomed her.

YOUR HONOR/ YOUR HONOUR – Wysoki Sądzie (the way to address a judge)

to EXCUSE someone from the stand – zezwolić na opuszczenie miejsca dla świadka (to let someone leave the witness stand/ box)

A COURT PEW – ławka na sali sądowej (a place to sit in a courtroom)

(5) “The defence rests its case your honour.”

“This court will recess for twenty minutes while I make my deliberations.”

The bailiff spoke up,

“All rise.”

THE COURT WILL RECESS – sąd zarządza przerwę (the judge informs about a break)

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

a BAILIFF (US) – strażnik (an official in a court of law who keeps order, looks after prisoners, etc.)

ALL RISE. – proszę powstać (how the bailiff asks everyone present in the courtroom (except for the judge) to stand up)

legal word of the day: TO HANG OUT YOUR SHINGLE

legal word of the day: TO HANG OUT YOUR SHINGLE

ENG: to start a private practice

POL: rozpocząć prywatną praktykę (dosł. wywiesić tabliczkę)

(1) Although the economy appeared to be spiraling down, I decided to hang out my shingle and perform work as a solo practitioner.

(2) In 1984, Peggy Gilbert hung out her shingle, and commenced the private practice of law in a small office on Harlow Street in Bangor. 

(3) After I hung out my shingle and got a few cases, and started butting heads with the big firm guys, I really came to dislike them.

(4) I was offered a chance to go with the only group worthy to call itself a law firm, Smith and Leary, but with characteristic ego, I decided to hang out my shingle and practice on my own.

a SOLO PRACTITIONER/ (or more commonly) SOLE PRACTITIONER – prawnik prowadzący jednoosobową kancelarię (a lawyer who provides paid-for legal services to the public alone and unattached to a law firm or organization)

to COMMENCE – rozpoczynać (to start)

a LAW FIRM – kancelaria (a business made up of lawyers that work together under a specific firm name

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:

http://goo.gl/wrguDs

http://www.bibliotekacyfrowa.pl/Content/32211/0022.pdf

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?

JUDGE: No.

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)