Vietnamese-Legal-Glossary E1
Vietnamese-Legal-Glossary E1
Vietnamese-Legal-Glossary E1
Legal Glossary
Translated from English into Vietnamese by
Kim Ryan, Esq.
www.saccourt.com
2005
Disclaimer
1
Granting a motion for a directed verdict means that whichever side moved for the directed verdict won the lawsuit. When a judge
issues a directed verdict at the close of evidence in a trial, the jury does not have a chance to discuss the evidence or issue a ruling at
all.
The phrase “directed verdict” is somewhat of a misnomer. When the judge grants a motion for a directed verdict, we play a game of
“let’s pretend.”
First, we pretend that the judge directs the jury to rule in Party ABC’s favor.
Next, we pretend that the jury goes into the jury room and deliberates for a while.
Then, we pretend that the jury comes out of the jury room and issues a ruling in Party ABC’s favor.
In reality, none of this happens. The judge simply issues a verdict in Party ABC’s favor and everybody goes home.
2
U.S. federal courts do not use the phrase “directed verdict,” although procedures exist for entering a final judgment at the close of
evidence without sending the case to the jury.
In federal civil cases, the correct name for this procedure is Motion for Judgment as a Matter of Law. The motion can be made by
either side and must be made before the case has been submitted to the jury. Fed. R. Civ. P. 50(a).
In federal criminal cases, the correct name for this procedure is Motion for a Judgment of Acquittal. The motion can be made only by
the defendant, and may be made either before or after the case has been submitted to the jury. Fed. R. Crim. P. 29.
Vietnamese Legal Glossary | 56
Thủ tục sưu tra.
DISCOVERY MOTION - A motion to have evidence disclosed to the moving
party.
Thỉnh nguyện cung cấp tài liệu sưu tra.
DISCRIMINATION - An act which confers particular privileges on a class
arbitrarily selected.
Sự kỳ thị.
DISMISS - To terminate legal action involving outstanding charges against a
defendant in a criminal case.
Miễn tố, hủy bỏ vụ án.
DISMISSAL WITH PREJUDICE - When a court dismisses a case and will not
allow any other suit to be filed on the same claim in the future.
Miễn tố vĩnh viễn.
DISMISSAL WITHOUT PREJUDICE - When a court dismisses a case, but will
allow other suits to be filed on the same claim.
Miễn tố với quyền tái truy tố.
DISORDERLY CONDUCT - Any behavior, contrary to law, which disturbs the
public peace or decorum, scandalizes the community, or shocks the public sense of
morality.
Hành vi gây rối.
DISPARITY - Marked difference in quantity or quality between two things.
Sự khác biệt, chênh lệch.
DISPOSITION - The final decision by the court in a dispute.
Sự phán quyết.
DISPOSITIONAL HEARING - The hearing held after a petition is sustained
(allegation found true), to determine whether the child will become a dependent of
the court, where the child will reside, and what reunification services, if any, will be
provided to the parent.
Vietnamese Legal Glossary | 57
Phiên tòa phán quyết.
DISSENT - To disagree. An appellate court opinion setting forth the minority view
and outlining the disagreement of one or more judges with the decision of the
majority.
Bất đồng ý kiến.
DISSOLUTION - A marriage that is ended by a judge's decision, also known as a
"divorce." (Compare NULLITY.)
Sự hủy bỏ hôn nhân.
DISSOLUTION OF MARRIAGE - The act of terminating a marriage; divorce; but
the term does not include annulment.
Sự hủy bỏ hôn nhân.
DISTINCTIVELY MARKED - A vehicle, operated by a peace officer, is
"distinctively marked" when in addition to a lighted red lamp and activated siren,
the vehicle is of such appearance that a reasonable person would be able to
recognize it as a peace officer's vehicle, and a person fleeing is on reasonable notice
that pursuit is by a peace officer.
Có dấu hiệu dễ phân biệt.
DISTRICT ATTORNEY - A lawyer appointed or elected to represent the state in
criminal cases in his or her respective
Biện lý.
judicial districts. (See PROSECUTOR.)
DISTURBING THE PEACE - Conduct which tends to annoy all citizens, including
unnecessary and distracting noisemaking.
Gây huyên náo.
DIVERSION - Instead of going to jail, a defendant goes to a rehabilitation
("rehab") program and is supervised by a probation officer. When the defendant
finishes the program, the charges are dismissed and the defendant is not sentenced.
(Compare ELECTRONIC MONITORING, HOME MONITORING.)
3
American courts use the exclusionary rule to deter police officers and other government agents from abusing constitutional rights.
According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful
search or seizure.
Vietnamese Legal Glossary | 66
Vì hành vi trái phép.
EXEMPLARY DAMAGES - Monies awarded to the plaintiff that exceed the
normal or expected amount. Serve as punishment for willful or malicious acts by
the defendant, rather than act of negligence.
Bồi thường để làm gương.
EXEMPLIFICATION - An extremely formal type of certification in which the
Clerk signs the certification of the document or record. The Presiding Judge then
signs attesting to the fact of the identity of the Clerk, and that the signature is
Sự chứng thực và chứng nhận.
authentic. Finally, the Clerk signs again, this time attesting to the fact that the judge
is a Judge of that county's General Jurisdiction Court, and that the signature is
authentic.
EXHIBIT - A document or an object shown and identified in court as evidence in a
case.
Trưng liệu.
EXHIBIT, PEOPLE'S - Exhibit and)or evidence that is offered by the prosecution.
Trưng liệu của biện lý.
EXONERATE - To clear of blame or to relieve from responsibility.
Tha, miễn.
EX PARTE - A court procedure with only one side. For emergencies only.
Đơn phương.
EX PARTE PROCEEDING - The legal procedure in which only one side is
represented.
Thủ tục đơn phương.
EXPERT TESTIMONY - Testimony given in relation to some scientific, technical,
or professional matter by experts, i.e., person qualified to speak authoritatively by
reason of their special training, skill, or familiarity with the subject.
Lời khai của nhân chứng chuyên viên.
Vietnamese Legal Glossary | 67
EXPLOSIVE)DESTRUCTIVE DEVICE - Any substance, or combination of
substances, the primary or common purpose of which is detonation or rapid
combustion, and which is capable of a relatively instantaneous or rapid release of
gas and heat, or any substance, the primary purpose of which, when combined with
others, is to form a substance capable of a relatively instantaneous or rapid release
of gas and heat.
Thiết bị gây nổ)tàn phá.
EX POST FACTO - Latin meaning, "after the fact." The Constitution prohibits the
enactment of ex post facto laws. These are laws that permit conviction and
punishment for a lawful act performed before the law was changed and the act
made illegal.
Sau sự việc.
EXPUNGEMENT - Official and formal erasure of a record or partial contents of a
record.
Xóa bỏ.
EXTENUATING CIRCUMSTANCES - Circumstances which render a crime less
aggravated, heinous, or reprehensible than it would otherwise be.
Trường hợp giảm nhẹ.
EXTORTION - The act of obtaining the property of another person through
wrongful use of actual or threatened force, violence, or fear.
Tống tiền.
EXTRADITION - Bringing a person that is in custody in one state to the authorities
of another state where that person has been accused or convicted of a crime.
Dẫn độ.
EXTRAORDINARY WRIT - A court order, often issued by an appellate court,
making available remedies not regularly within the powers of lower courts.
They include writs of habeas corpus, mandamus, prohibition and quo warranto.
Lệnh đặc biệt của tòa phúc thẩm.
4
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States
court of appeals. It has special appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system.
Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government
contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases.[1] The
Federal Circuit has no jurisdiction over criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard
T. Markey National Courts Building in Washington, DC.
Vietnamese Legal Glossary | 70
Đạo luật liên bang quy định trách nhiệm chủ nhân.
FEES - A specific amount of money that's paid in exchange for a service, such as
filing a court paper.
Lệ phí.
FEE SIMPLE - The most complete, unlimited form of wnership of real property,
which lasts until the current holder dies without an heir.
Quyền sở hữu vô điều kiện.
FEE WAIVER - Permission not to pay the court's filing fees. People with very low
income can ask the court clerk for a fee waiver form.
Sự miễn lệ phí.
FELONY - A serious crime that can be punished by more than one year in prison or
by death. (Compare INFRACTION, MISDEMEANOR).
Tội đại hình.
FELONY MURDER - A murder committed during the commission of a felony
such s robbery, burglary, or kidnapping.
Tội giết người khi vi phạm tội đại hình khác.
FIDUCIARY - A person that acts for another person's benefit, like a trustee or
guardian. It also means something that is based on a trust or confidence. (See also
TRUSTEE.)
Người được ủy thác.
FIELD SOBRIETY TEST - A method of determining whether a person is
intoxicated using a motor skills test which is administered by testing the driver's
speaking ability and)or physical coordination.
Trắc nghiệm mức độ tỉnh táo tại chỗ.
FIFTH AMENDMENT - Among other rights, the Fifth Amendment to the U.S.
Constitution guarantees that a person cannot be forced to present self-incriminating
testimony in a criminal proceeding.
Tu chính án thứ 5.
5
The applicant must make out a prima facie case. However, once that is done, the applicant is entitled to the writ as of right, which is
then granted ex debito justitae ("from a debt of justice", that is, as a matter of right). In United States law, habeas corpus ad
subjiciendum (the full name of what habeas corpus typically refers to) is also called "the Great Writ," and it is not about a person's
guilt or innocence, but about whether custody of that person is lawful under the U.S. Constitution
Vietnamese Legal Glossary | 77
HARVEY WAIVER - The facts, relating to a charge that was dismissed as part of a
plea bargain, are "related to" the particular charge for which the minor is being
sentenced may be considered at the time of disposition.
Sự khước từ theo án lệ Harvey.
HEARING - A formal court proceeding with the judge and opposing sides present,
but no jury.
Phiên xét xử, phiên tòa.
HEARING, CONTESTED - A hearing held for the purpose of deciding issues or
fact of law that both parties are disputing.
Phiên thụ lý, kháng biện.
HEARING DE NOVO - A full, new hearing.
Phiên xét xử mới.
HEARING, PRELIMINARY - The hearing given to person accused of crime, by a
magistrate or judge, to determine whether there is enough evidence to warrant the
confinement and holding to bail the person accused.
Phiên tòa sơ bộ)sơ khởi.
HEARSAY - Statements by a witness who did not see or hear the incident in
question, but heard about it from someone else. Hearsay usually can't be used as
evidence in court.
Nghe nói lại.
HEIR - A person that has the right to inherit money or property from someone who
dies without a will.
Thừa kế.
HIT AND RUN - Crime in which the driver of a vehicle leaves the scene of an
accident without identifying himself or herself.
Đụng và bỏ chạy.
HITCH MOTION - A request to exclude evidence.
Thỉnh nguyện Hitch.
Vietnamese Legal Glossary | 78
HOLDING CELL - A temporary location inside a courthouse where prisoners are
held before and after their court appearance.
Nơi giữ tù nhân.
HOLOGRAPHIC WILL - A handwritten will. The court needs to see proof of the
person's handwriting. No one has to witness or notarize a handwritten will.
Di chúc viết tay.
HOME MONITORING - An alternative to imprisonment where an individual is
confined to his or her home and monitored electronically.
Kiểm soát tù tại gia bằng điện tử.
HOME SUPERVISION - Temporary house arrest for a minor while awaiting the
court's final decision. Also used as punishment after the court's final decision.
Quản thúc tại gia.
HOMICIDE - The unlawful killing of one human being by another.
Sự giết người, sát nhân.
HOSTILE WITNESS - A witness whose testimony is not favorable to the party
who calls him or her as a witness. May be asked leading questions and may be
crossexamined by the party who calls him or her to the stand.
Nhân chứng không hợp tác.
HUNG JURY - A jury whose members cannot agree upon a verdict.
Hội thẩm đoàn bế tắc.
HYPOTHETICAL QUESTION - An imaginary situation, using facts previously
admitted into evidence, upon which an expert witness is permitted to give an
opinion as to a condition resulting from the situation.
Câu hỏi giả thuyết.
IDIOCY- It is the complete absence of mind that is generally the result of a birth
defect rather than a disease.
Sự ngu xuẩn.
c good."
Do lòng tốt, miễn phí.
Vietnamese Legal Glossary | 120
PROCEDURAL LAW - The method, established normally by rules to be followed
in a case; the formal steps in a judicial proceeding.
Luật tố tụng.
PRODUCTS LIABILITY - Refers to the legal liability of manufacturers and sellers
to compensate buyers, users and even bystanders for damages or injuries suffered
because of defects in goods purchased.
Trách nhiệm về sản phẩm.
PROFFER - An offer of proof as to what the evidence would be if a witness were
called to testify or answer a question.
Xuất trình, trình bầy.
PRO HAC VICE - for this one particular occasion. For example, an out-of-state
lawyer may be admitted to practice in a local jurisdiction for a particular case only.
From the Latin meaning "for this turn."
"Cho lần này thôi"
PROHIBITION: Act or law that forbids something.
Sự cấm đoán.
PROMISSORY NOTE - A written document that says a person promises to pay
money to another.
Giấy nợ.
PROOF - Any fact or evidence that leads to a judgment of the court.
Bằng chứng.
PROOF OF SERVICE - A form filed with the court that proves that court papers
were properly delivered to someone.
Chứng cớ tống đạt.
PRO PER - Person who presents their own cases in court without lawyers (See also
IN PROPIA PERSONA and PRO SE.)
Sự tự đại diện biện hộ trước tòa.
PROPERTY - Something tangible or intangible that someone holds legal title.
Vietnamese Legal Glossary | 121
Tài sản.
PRO SE - Person who presents their own cases in court without lawyers (See also
PRO PER and PRO SE.)
Người tự đại diện biện hộ trước tòa.
PROSECUTING ATTORNEY - A public office who prosecutes criminal cases for
the state. See PROSECUTOR and DISTRICT ATTORNEY.
Công tố viên
PROSECUTION - The party that starts a criminal case and files criminal charges.
The prosecution is the lawyer for the state. A common name for the state's side of
the case.
Công tố viện.
PROSECUTOR - A trial lawyer representing the government in a criminal case and
the interests of the state in civil matters. In criminal cases, the prosecutor has the
responsibility of deciding who and when to file charges.
Công tố viên.
PROSTITUTION - The performance or agreement to perform a sexual act for hire.
Mãi dâm.
PROTECTIVE ORDER - A court order to protect a person from further
harassment, service of process, or discovery.
Lệnh bảo vệ.
PRO TEM - A temporary assigned official with authority to hear and decide cases
in a court.
Tạm thời.
PROXIMATE CAUSE - The act that caused an event to occur.
Nguyên nhân trực tiếp.
PUBLIC DEFENDER - A lawyer picked by the court to represent a defendant who
cannot afford a lawyer.
Luật sư công cử.
Vietnamese Legal Glossary | 122
PUNITIVE DAMAGES - Money awarded to an injured person, over and above the
measurable value of the injury, in order to punish the person who hurt him.
Tiền bồi thường trừng phạt.
PURGE - To clean or clear, such as eliminating inactive records from court files;
with respect to civil contempt, to clear the noncompliance that caused the contempt
finding.
Tiêu hủy.
QUANTUM MERUIT - Latin meaning "as much as he deserves," and describes the
extent of liability on a contract implied by law.
"Tối đa được hưởng" (theo luật định).
QUASH - To overthrow, to vacate, to annul or make void.
Hủy bỏ, xóa bỏ.
QUASHING WARRANT – setting aside a warrant, overturned.
Hủy bỏ trát tòa.
QUASI JUDICIAL - Authority or discretion vested in an officer whose actions are
of a judicial character.
Bán tư pháp.
QUID PRO QUO - Something for something; giving one valuable thing for another.
Sự bù trừ, có qua có lại.
QUO WARRANTO - A writ issuable by the state, through which it demands an
individual show by what right he or she exercises authority which can only be
exercised through a grant from the state or why he or she should not be removed
from a state office.
Lệnh giải thích về thẩm quyền của chức vụ.
RAP SHEET - A written summary of a person's criminal history.
Hồ sơ tội phạm.
RAPE - Unlawful intercourse with an individual without their consent.