自強之路

阿鴻說：｢裁定大多係程序事項，但並非絕對。如：實體裁定 (刑訴477更定其刑) 是。程序裁定：刑訴178科證人罰鍰之裁定。｣
｢關於免訴與不受理判決：
1. 以內容上區分；免訴判決、不受理判決均係形式判決。亦即訴訟上事項。
2. 以效力上區分；免訴判決係本案裁判；而不受理判決係非本案裁判。

201. marine law (admiralty law; maritime law) = 海商法
Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.

187. dealers & brokers = 自營商與經紀商
A dealer is a seller. A broker is an individual or party (brokerage firm) that arranges transactions between a buyer and a seller, and gets a commission when the deal is executed.
188. disgorgement = 歸入權
Disgorgement is the forced giving up of profits obtained by illegal or unethical acts. Black's Law Dictionary defines disgorgement as "the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion". A court may order wrongdoers to pay back illegal profits, with interest, to prevent unjust enrichment. Disgorgement is a remedy and not a punishment. In re-Gleeson's Will (124 N.E.2d 624[Ill. App. 1955]), disgorgement was used as a remedy when the trustee remained as a holdover (遺留物) on the testator's (立遺囑人) land and acquired a profit.

166. summary judgment = 不經言詞辯論逕為判決
In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.
In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional common law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury.
Absent an award of summary judgment (or some type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for litigants to present evidence in an attempt to persuade the factfinder that they are saying "what really happened," and that, under the applicable law, they should prevail.

長官，歡迎再次回到法學英文的世界！
144. civil procedure (civil action) = 民事訴訟
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.
145. burden of proof = 舉證責任

301. blanket [ˋblæŋkɪt] (c) 毯子；毛毯
The valley was covered with a blanket of snow.
山谷白雪如毯。
302. bled [blɛd] (pt;pp) SEE bleed

親愛的同學們，你們要是在三十分鐘內寫不出以下的例文，全民英檢中級報名費就可以省省了。還給爸媽前，記得把零頭留下來，請我吃東西...
Chris, my best friend from Africa, who once taught me some African slangs such as 'Ba Bu Dau Mei Mei Jiou Ba Tou', will come to Taiwan next month. I am so excited about his coming for it has always been a gratitude that I owed him that he taught me his mother tongue. Since Chris likes delicious food all around the world, I thus will make a plan to guide him all gourmet in Taiwan, and of course, it is in the night market. Well, I am ready for it.
As far as I am concerned, and as Chris' good pal that knows him best, I would urge him give the snacks in the night market a try like: oyster omelet and thin noodles, stinky tofu, squid thick soup, fried chicken steak, plums on sticks, and what is the most important, the vegetarian gelatin, which Chris never has the chance to taste in Africa, where the people there would defenitely need something 'iced and honeyed' under the scorching sun. Besides, under no circomstances will I treat him the pig's blood cake. He would be so confused to know that 'blood' can be served as a main course in Asia! Apart from that, I bet Chris would love the traditional Chinese deserts! He will be feeling so blessed to have such a good Asian friend like me. (227 Words)  

151. ass [æs] (c) 驢子
An ass can also be said as a ‘donkey’.
驢子也可用「donkey」一字表達。
152. association [ə͵sosɪˋeʃən] (c) 協會；社團

51. ago [əˋgo] (a) ...以前的
I have been there 10 years ago.
十年前我曾到過那兒。
52. agree [əˋgri] (vt) 同意

英文字彙學習手冊   
前言
1. 本字彙手冊系列分為國中小學 3000 字 (初階字彙、全民英檢初級)、高中大學 5000 字 (中階字彙、全民英檢中級、中高級、多益 TOEIC、托福 TOEFL、雅思IELTS)、及大學研究所 7000 字 (高階字彙、全民英檢高級、托福 TOEFL、雅思 IELTS、GRE)，總共約 15000 字之三個學習層次；若再加上未列入之各個動詞、名詞、形容詞、與副詞等規則變化型與其他複合詞組，實際字彙量應可達到兩萬餘字，對於此生英文學習字彙之基本認識言，應足應付矣。
今起，首先為國中小學生部分，將依照一般國中小學生每週建議背誦量，於每周三依序刊出；擬每日 10 字、週六日複習、每週共 50 字；每半個月複習前兩週所學、每三個月從頭總複習，初階字彙約一年可全部背完。程度愈高，則每週背誦新單字量愈宜酌減，複習頻率及複習字量愈宜增大，愈宜求充分活用，自是當然且必要的。

好久沒被問到有關國貿實務的相關用語了。遙想當年，真是往事不堪回首啊。怎一個 WTF 了得...
《國際貿易術語解釋通則》（以下稱 Incoterms ）的宗旨是為國際貿易中最普遍使用的貿易術語提供一套解釋的國際規則， 以避免因各國不同解釋而出現的不確定性，或至少在相當程度上減少這種不確定性。 合同雙方當事人之間互不瞭解對方國家的貿易習慣的情況時常出現。 這就會引起誤解、爭議、和訴訟， 從而浪費時間和費用。為解決這些問題，國際商會（ICC）於 1936 年首次公佈了一套解釋貿易術語的國際規則， 名為 Incoterms 1936，隔幾年就會出個修訂版，目前最新的是第八版國貿條規 Incoterms 2010。這些規則是因應當前國際貿易發展而制定的。 
The Incoterms rules or International Commercial terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) widely used in international commercial transactions. A series of three-letter trade terms related to common sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs and risks associated with the transportation and delivery of goods. The Incoterms rules are accepted by governments, legal authorities and practitioners worldwide for the interpretation of most commonly used terms in international trade.
海運和內陸河運適用的規則

說法一：
The word "caddy" may have originated from: 
1. the Malay word 'kati'. Kati is a measure for tea leaves and is printed on boxes used to carry and collect the tea leaves, hence its use in terms reflecting carrying and collecting.
2. that (the records are not certain, but historians believe) Mary, Queen of Scots, came up with the term "caddy" in the late 16th century. Mary grew up in France where military cadets carried golf clubs for royalty. It is possible that Mary brought the custom to Scotland, where the term evolved into the word "caddy."