關於愛，我是個小學生。

人問苦，曰：｢苦似寒風，不知何之；侵之見侮，避之倍。逐減如入肆，久則甘。｣ 
問其由，偈曰：｢官官相護非我願，社勞困返佐理艱；觀察照護萬丈遠，未若毒管近且閒。｣ 
四肆久甘，則甘亦苦、苦亦甘。然避肆品香，則久亦苦也。斷甘苦念，一字曰：｢心｣。

15. political question doctrine = 高權統治範疇
The political question doctrine encourages courts to decline to rule in certain categories of controversial cases.
16. originalism = 目的性解釋
In the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today.
17. due process clause = 程序正義相關條例
Due process (clauses) developed from clause 39 of the Magna Carta (大憲章) in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United States. The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause.
18. substantive due process = 實體正當性 (合憲實體)
Substantive due process (SDP) is one of the theories of law through which courts enforce limits on legislative and executive powers and authority.
19. procedural due process = 程序正當性 (合法程序)
Procedural due process (procedural justice 程序正義) refers to the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings.
20. insular and discrete minorities = 孤立隔絕少數份子
The Court affirmed the lower court's decision and determined that aliens as a class were a prime example of a discrete and insular minority.
21. Federal Torts Claim Act (FTCA) = 國家賠償法
The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.
22. forms of action = 嚴格訴訟形式 (如確認之訴、給付之訴、撤銷之訴等)
The forms of action were the different procedures by which a legal claim could be made in the early history of the English common law. For example, advocacy is a form of action that does not always succeed at influencing political decision-makers as it requires resources and organisation to be effective. Still, collective behavior, defined as action which is neither conforming (in which actors follow prevailing norms) nor deviant (in which actors violate those norms), a third form of action, takes place when norms are absent or unclear, or when they contradict each other.
23. intent = 故意
In criminal law, intention is one of the three general classes of mens rea (Latin: guilty mind) necessary to constitute a conventional as opposed to strict liability (嚴格法律責任) crime. Intention is defined in R. v Mohan as "the decision to bring about a prohibited consequence".
24. trespass = 非法入侵；(廣義的) 侵害行為
Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another person's lawful possession of a chattel (movable personal property 動產).
25. battery = 肢體衝突；推擠；拉扯
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the apprehension, not fear, of such contact.
26. false imprisonment = 非法拘禁
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort.
27. mental distress = 精神痛苦
Mental distress is a term used, both by some mental health practitioners and users of mental health services, to describe a range of symptoms and experiences of a person's internal life that are commonly held to be troubling, confusing or out of the ordinary.
28. privileges = 免責權
Parliamentary privilege (also absolute privilege 國會免責) is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are based on the Westminster system. A similar mechanism is known as parliamentary immunity.
29. necessity = 緊急避難
In tort common law, the defense of necessity gives the State or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right." A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property. Unlike the privilege of self-defense (正當防衛), those who are harmed by individuals invoking the necessity privilege are usually free from any wrongdoing. Generally, an individual invoking this privilege is obligated to pay any actual damages caused in the use of the property but not punitive or nominal damages.
30. negligence = 過失
過失的定性：
In criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is: careless, inattentive, neglectful, willfully blind, or in the case of gross negligence what would have been reckless in any other defendant. 
過失的要件：
To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence). Negligence shows the least level of culpability, intention being the most serious and recklessness of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a 'malfeasance' where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a 'misfeasance or 'nonfeasance' (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness where the individual intentionally avoids adverting to the reality of a situation. (In the United States, there may sometimes be a slightly different interpretation for willful blindness.) The degree of culpability is determined by applying a reasonable person standard. Criminal negligence becomes "gross" when the failure to foresee involves a "wanton disregard for human life" (see the discussion in corporate manslaughter).
The test of any mens rea element is always based on an assessment of whether the accused had foresight of the prohibited consequences and desired to cause those consequences to occur. The three types of test are:
a. subjective where the court attempts to establish what the accused was actually thinking at the time the actus reus was caused;
b. objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements; or
c. hybrid, i.e. the test is both subjective and objective.
The most culpable mens rea elements will have both foresight and desire on a subjective basis. Negligence arises when, on a subjective test, an accused has not actually foreseen the potentially adverse consequences to the planned actions, and has gone ahead, exposing a particular individual or unknown victim to the risk of suffering injury or loss. The accused is a social danger because he or she has endangered the safety of others in circumstances where the reasonable person would have foreseen the injury and taken preventive measures. Hence, the test is hybrid.
31.  sovereign immunity = 國家豁免權
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.

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