關於愛，我是個小學生。

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
The burden of proof (Latin: onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges."
He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.
146. cause of action (claim) = 訴之標的
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a Statement of Claim in English law, or a Complaint in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages from which it originates, often expressed in amount of money the receiving party should pay/reimburse.
To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straightforward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose his case due to simple technicalities.
147. appeal = 上訴
In law, an appeal is a process for requesting a formal change to an official decision. The decision maker to whom the appeal is made may be a court, a board, a tribunal or even a single official. Generally, only the party aggrieved below has standing to appeal.
148. class action = 集團訴訟
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. Class actions are commonly referred to as class action suits; however, this phrase is redundant as the historical distinction between "actions" at law and "suits" in equity is no longer recognized. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon. However, in several European countries with civil law, as opposed to the Anglo-American common law system, changes have been made in recent years that allow consumer organizations to bring claims on behalf of large groups of consumers.
149. contempt of court = 蔑視法庭
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process. A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he/she will be punished. In civil cases involving disputes between private citizens, the behaviour resulting in the ruling is often directed at one of the parties involved rather than at the court directly.
A person found in contempt of court is called a "contemnor." To prove contempt, the prosecutor or complainant must prove the four elements of contempt:
i) Existence of a lawful order
ii) The potential contemnor's knowledge of the order
iii) The potential contemnor's ability to comply
iv) The potential contemnor's failure to comply
150. discovery = 請求開示事證
In U.S. law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When discovery requests are objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
151. counterclaim = 反訴
In civil procedure, a party's claim is a counterclaim if the defending party has previously (in the present action) made a claim against the claiming party.
Examples of counterclaims include:
After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).
Two cars collide. After one person sues for damage to her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims.
Counterclaims did not exist at common law; they are an invention of modern civil procedure.
152. impleader = 被告對第三人起訴
Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant. Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant.
The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series. Common bases of contingent or derivative liability by which third parties may be impleaded include indemnity, subrogation, contribution, and warranty.
153. joinder of parties = 共同訴訟
Joinder is a legal term, which refers to the process of joining two or more legal issues together to be heard in one hearing or trial.
Joinder of parties also falls into two categories: permissive joinder and compulsory joinder. Federal Rule of Civil Procedure No. 20 addresses permissive joinder. Permissive joinder allows multiple plaintiffs to join in an action if each of their claims arise from the same transaction or occurrence, and if there is a common question of law or fact relating to all plaintiffs' claims. For example, several landowners suing a factory for environmental runoff onto their property. Permissive joinder is also appropriate to join multiple defendants, as long as the same considerations as for joining multiple plaintiffs are met. This often occurs in lawsuits regarding faulty products; the plaintiff will sue the manufacturer of the final product and the manufacturers of any constituent parts. The court must have personal jurisdiction over every defendant joined in the action.
Compulsory joinder is governed by Federal Rule of Civil Procedure 19. It sometimes makes it mandatory that some parties be joined. Parties that must be joined are those necessary and indispensable to the litigation. The rule includes several reasons why this might be true, including if that party has an interest in the dispute that they will be unable to protect if they are not joined. For example, if three parties each lay claim to a piece of property and the first two sue each other, the third will not be able to protect his (alleged) interest in the property if he is not joined. Another circumstance is when a party might end up with inconsistent obligations, for example he may be required by two different courts to grant two different parties exclusive rights to the same piece of property. This is avoided by joining the parties in one lawsuit. Note, though, that while "necessary" parties must be joined if that joinder is possible, the litigation will continue without them if joinder is impossible, for example if the court does not have jurisdiction over the party. If "indispensable" parties cannot be joined, by contrast, the litigation cannot go forward. Courts have some discretion in determining what parties are indispensable, though the Federal Rules provide some guidelines.
154. adversary system = 當事人主義、處分權主義、辯論主義
The adversarial system (or adversary system) is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case. As opposed to that, the inquisitorial system has a judge (or a group of judges who work together) whose task is to investigate the case.
The adversarial system is generally adopted in common law countries. An exception, for instance in the U.S., may be made for minor violations, such as traffic offenses. On the continent of Europe among some civil law systems (i.e. those deriving from Roman law or the Napoleonic Code), the inquisitorial system may be used for some types of cases.
The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.
155. stare decisis (precedent) = 裁判拘束力
Stare decisis (Anglo-Latin) is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed." In a legal context, this is understood to mean that courts should generally abide by precedent and not disturb settled matters.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."
156. service of process = 送達
Service of process is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process") to the person to be served.
157. magistrate judge = 預審法官
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties.
158. jurisdiction = 管轄、審判籍
A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different to neighbouring areas.
Each state in a federal state forms a separate jurisdiction. However sometimes certain laws in a federal state are uniform across the constituent states and enforced by a set of federal courts; with a result that the federal state forms a single jurisdiction for that purpose.
Unitary states are usually single jurisdictions, but the United Kingdom is a notable exception; it has three separate jurisdictions due to its three separate legal systems.
159. jury (juror) = 陪審團 (員)
A jury trial (or trial by jury) is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is distinguished from a bench trial, in which a judge or panel of judges make all decisions.
Jury trials are used in a significant share of serious criminal cases in almost all common law legal systems, and juries or lay judges have been incorporated into the legal systems of many civil law countries for criminal cases. 
A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty, not guilty, or (in Scotland) not proven. Juries are composed of jurors (also sometimes known as jurymen), who are by definition layman finders of fact, not professionals.
The old institution of grand juries still exists in some places, particularly the United States, to investigate whether enough evidence of a crime exists to bring someone to trial.
The jury arrangement has evolved out of the earliest juries, which were found in early medieval England. Members were supposed to inform themselves of crimes and then of the details of the crimes. Their function was therefore closer to that of a grand jury than that of a jury in a trial.
160. privilege = 證人拒絕證言權
An evidentiary privilege is a rule of evidence that allows the holder of the privilege to refuse to provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.
One well known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system.
Other common forms include privilege against self-incrimination (in other proceedings), without prejudice privilege (protecting communications made in the course of negotiations to settle a legal dispute), public interest privilege (formerly Crown privilege, protecting documents for which secrecy is necessary for the proper functioning of government), marital privilege, medical professional privilege, and clergy–penitent privilege.
The effect of the privilege is usually a right on the part of a party to a case, allowing him to prevent evidence from being introduced in the form of testimony from the person to whom the privilege runs. For example, a person can generally prevent his attorney from testifying about the legal relationship between attorney and client, even if the attorney were willing to do so. In a few instances, such as the marital privilege, the privilege is a right held by the potential witness. Thus, if a wife wishes to testify against her husband, she may do so even if he opposes this testimony; however, the wife has the privilege of refusing to testify even if the husband wishes her to do so.
161. provisional remedies = 保全命令
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.
In order to establish the constitutionality of a provisional remedy, two cases must be distinguished. The 3-part test established in Matthews determines whether a prejudgment remedy meets the constitutional requirements when Government seeks deprivation on its own initiative. The court must take into consideration the private interest of the party against whom the remedy is sought, the risk of erroneous deprivation as well as the probable value, if any, of addition or substitute safeguards and, the moving party's interest.
The court must also take into account whether there are exigent circumstances, a bond requirement, a judicial assessment, a detailed statement of factual basis, and a prompt post-seizure hearing.
162. pleading = 訴狀
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion. By stating what claims and defenses are at issue, pleadings establish the issues to be decided by the court.
Pleading in the courts of the individual states is covered by the rules of civil procedure either promulgated by the respective state Supreme Courts, or by statute by the respective legislatures.
163. pretrial conference = 準備程序
An Initial conference is one of the first steps of the discovery process in a civil case. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and to make the parties realize they should settle or drop frivolous claims and defenses. At this point the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial.
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial heard only by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
164. verdict = 陪審團之評決
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver ("true," from the Latin vērus) and dit ("speech," from the Latin dictum, meaning "to say").
165. res judicata  = 既判力
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of such cases between the same parties, which is different between the two legal systems. In this latter usage, the term is synonymous with "preclusion".
In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.
The legal concept of res judicata arose as a method of preventing injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

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