Legal Glossary definition

Abuse Prevention Order 防止虐待令

A judge's order that prohibits Party A from contacting, in any way, Party B

Acquittal, to acquit 宣告无罪；判决无罪

The legal certification that a defendant is not guilty of the charge. This can be rendered by a single judge or by jury trial

Admission to sufficient facts 承认有足够的事实

In a criminal case, a plea where defendant admits that the prosecution has enough evidence to convict. The case will be entered into the record as "Continued Without a Finding" (CWOF)

Affidavit 宣誓书，宣誓书面陈迷

A written, sworn statement under oath (it basically calls you in as a witness)

Amend the complaint 变更控告书， 修改起诉书

Modify the complaint or change the criminal charges

Appeal 上诉

A process by which a party to a case requests a higher court to review and change the decision of a lower court.

Arriagnment 提审；首次传讯

A court hearing where a defendant is formally charged with a crime and asked to respond to the charges

Assault & Battery (A&B) 恐吓与殴打

Assault: an intentional act that creates imminent harmful or offensive contact in another person. Battery: the intentional and unlawful physical contact with another person without their consent.

Bail 保释金

A sum of money that an accused person provides to the court as a guarantee that they will appear for their scheduled court proceedings

Bench trial 法官审判

A trial before a judge. No jury

Beyond a reasonable doubt

The highest standard of proof required in a criminal case for a jury or judge to convict a defendant. The evidence presented must be so convincing that there is no reasonable doubt left in the mind of a reasonable person that the defendant is guilty of the crime charged

Breathalyzer 呼气式酒精测仪

A device used by law enforcement to determine the amount of alcohol in the blood. The test is administered by breathing into the device.

Burden of proof 举证责任

The obligation of a party to prove their allegations or claims to a certain standard. The burden is placed upon a party to prove or disprove a disputed fact.

Case 案件

The overall legal proceeding itself

Change of plea 变更答辩

The process by which a defendant alters their initial plea in a criminal case. In the United States, when a person is accused of a crime, there is a presumption of innocence and the burden of proof to find guilt rests with the prosecution. Therefore, if a defendant works out an agreement with the prosecution, they can change their plea to "guilty" or "admit to sufficient facts"

Charge (verb and noun) 指控罪名（名） 控告/指示陪审团 （动）

Charge(n.) - specific alleged criminal act according to a specific statute. charge (v.) 1. to accuse 2. to instruct the jury regarding the laws (charges) before deliberations.

Clerk 书记官

An employee of the court who ensures the smooth operation of the court system. They provide administrative support to judges, swear in witnesses, and ensure that the courtroom is set up for proceedings.

Colloquy (plea colloquy) 法庭问答

A formal exchange between the judge and one of the participants in court proceedings. The most common colloquy is a Change of Plea when a defendant opts to plead guilty or admit to sufficient facts.

Competency 受审能力

A defendant's mental capacity to participate in legal proceedings

Complaint 控告书/诉状

The initial document that sets the case in motion, outlining the allegations and the basis for the case. In criminal cases, it is filed by a prosecutor or law enforcement officer. If a citizen submits a complaint, it is called a private complaint. In civil law, it is the initial pleading filed by the plaintiff in a lawsuit.

Compliance & election 遵从指令与程序选择

Compliance: the defendant adhering to specific court orders or conditions and setting date for discovery Election: refers to the defendant's choice between different legal options such as a bench trial or a jury trial.

Continuance without a finding (CWOF) 誓缓判定

If a defendant is willing to admit that there is enough evidence for a conviction, the case will be "continued without a finding" for a set period. If the defendant complies with whatever they are required to do (court fees, etc.) and maintains a clean record with no other arrests, the case will be dismissed.

Convict 定罪（动词）罪犯（名词)

Verb: Finding of guilt; Noun: a person who has served time in prison or jail

Counsel 辩护律师

Attorney; lawyer

Count 控项（第。。。项。。。罪），罪状

Refers to an individual charge or specific allegation made against a defendant within a single indictment or information. Each count represents a distinct offense or violation of the law that the defendant is being accused of committing.

Court 法院

Is the governmental institution with the authority to adjudicate legal disputes.

Court costs 诉讼费用

Criminal law: A set amount of money a defendant may be asked to pay for dismissal of the charges. Civil law: The fee to file a case. In small claims court, the fee is added to what the defendant must pay, provided the plaintiff prevails.

Court officer 法警

Also known as bailiff or court deputy outside of Massachusetts. Law enforcement official responsible for maintaining order and security within a courthouse. Not to be confused with "officer of the court".

Court-appointed attorney 法院指定辩护

If a defendant cannot afford a private attorney, the court assign them a lawyer. This typically occurs in criminal cases to ensure that the defendant's right to legal representation, as guaranteed by the Sixth Amendment of the U.S. Constitution.

Courthouse 法庭

The building where due process takes place.

Criminal Record 犯罪记录

The official file of all arrests and court proceedings.

Cross examine 反交叉质询

Question (a witness called by the other party) in a court of law to discredit or undercut testimony already given.

Decriminalize 非犯罪化 （转为民事违规）

To convert a criminal charge to a civil infraction. Often don with a charge of unlicensed operation of a motor vehicle which will not appear in criminal records. Converting it to a motor vehicle infraction creates a record with the Registry of Motor Vehicles. Prosecutors can then find out how many times a person has been charged with unlicensed operation of a M.V.

Default 1. 缺度（末出庭）2. 拖欠

1) Failure to appear at court. 2) Failure to pay court costs

Default Warrant 缺席逮捕令

Under a judge's order, a warrant for arrest if a person default

Defendant 被告

Criminal law: The person accused of committing a crime. Civil law: The person or entity that is being sued.

Discovery 证据开示

A pre-trial procedure in both criminal and civil law proceedings where parties exchange information and gather evidence relevant to the case.

Dismiss 撤销，撤销案件

To put an action out of judicial consideration ; to refuse to hear an action further in court

Disposition 结案处置

To terminate or extinguish a case or one of charges in a case without any finding of guilt or liability.

District Attorney, prosecutor, Assistant District Attorney (A. D. A.) 地区检察官

The lawyer that represents law enforcement and the government.

Evidence 证据

Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact."

Examine 询问

Formally question a witness in court

Field sobriety tests 现场清醒测试（酒驾检测）

If a motorist is stopped by police and suspected of being under the influence of alcohol, the officer may ask that the driver perform these tests at the side of the rode. These tests do not measure whether the person has been drinking or not, but rather if they can perform certain tasks.

File (verb and noun) 提交（动词) 案件（名词）

(v.) to submit or send something to court. (n.) 1. the court's complete and official record of a case. 2. the physical papers relating to the case

Finding (noun and verb) 认定，判决结果（名词）认定，裁决（动词）

(n.) the determination of a fact or request by a judge or jury. (v.) to decide or determine.

Fines and fees 罚金与服务费

Fine: a monetary form of punishment. Fee: a service charge such as court costs.

Harassment order 禁止骚扰令

A protection order obtained against any other person, provided that the plaintiff can cite three or more intentional acts that the defendant intended to cause fear, abuse, or damage to property or made one sexual-related abusive act.

Judgement 判决 ，裁决

"A court's final determination of the rights and obligations of the parties in a case." It is a decision.

Juror 审判员

A member of a jury

Lock-up (noun.) 法院拘留室

A holding jail in the courthouse for people who are in custody before and after their hearings. Interpreters often must interpret for probation officers, court clinicians and defense attorneys in lockups. They are very challenging for the interpreter due to the noise level.

Miranda rights 马兰大权利

A set of constitutional rights that law enforcement officers are required to inform a suspect of when they are taken into custody and before any interrogation begins. The purpose of Miranda Rights is to ensure that he suspects are aware of their Fifth Amendment right against self-incrimination and their Sixth Amendment right to legal counsel. At the time of an arrest, law enforcement officials must say to the suspect that they have the following rights: 1. The right to remain silent 2. Anything Said Can Be Used Against You 3. Right to an attorney 4. Provision of an Attorney

Mistrial 审判无效

If one of the parties in a case does not follow the rules about how the trial is conduced, the judge may declare that the trial is invalid, and the case will have to be tried over again with a new jury.

Motion 动议（正式请求）

A formal request to the court. Common motions in criminal court are a Motion for Funds and Motion to Suppress (asking for evidence to be thrown out of the record).

No record 无前科记录

The probation officer tells the judge that the defendant has not previously charged with any crime

Operating after suspension (OAS) 暂扣驾照后驾车

Driving a vehicle without a license because their right to drive has been taken away from the previously.

operating Under the Influence (OUI) 酒驾/毒驾

Also known as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). They all mean drunk driving. To obtain a conviction under Massachusetts law, the prosecution must prove three elements beyond a reasonable doubt: 1) that the defendant was driving, 2) that they were driving on a public way such as a street or highway, and 3) that either alcohol impaired the defendant's ability to drive or that there was .8% or more alcohol in the defendant's blood at the time. Other states will vary on criteria.

Plaintiff 原告

The person who initiates a civil case. The person or persons asking for damages.

Plea Bargain 辩诉交易

The negotiation or agreement between the prosecution and defense attorney with the goal of avoiding a full trial. It is common practice for the prosecutor to dismiss or reduce some charges or penalties in exchange for the defendant's admission of guilt or sufficient facts.

Preponderance of the evidence 优势证据标准

The lowest standard of proof out of the three standards. It means "more likely than not" or a 51% certainty.

Pretrial conference/hearing

An informal conversation between the prosecutor and defense lawyer about their plans to present evidence. The defendant may change their plea or the defense attorney will use the opportunity to speak with their client with an interpreter

Pretrial Probation

A way of resolving a criminal case in which the case is suspended for a period. If the defendant has no further trouble with the law during that period, the case will be dismissed. Unlike a CWOF, in Pretrial Probation, the defendant does not admit guilt or sufficient facts. This is an important difference if the defendant is a noncitizen since an admission to guilt jeopardizes their present or future immigration status.

Pro se

Latin meaning "for yourself." A plaintiff or defendant who is going to court on their own, without a lawyer.

Probation

A conditional release after serving prison time. 2. A sentence in lieu of incarceration.

Probation supervision fee

A monthly fee paid by a person on probation.

Recognizance

1) The document "sign a recognizance," the defendant signs when released from police custody upon posting bail or surety 2) To be released on your "own recognizance" means the defendant signs a document that allows them to be out of police custody while awaiting trial or change of plea without posting bail money or surety.

Release

A document signed by a person authorizing someone else to have access to confidential information.

Remand

When a case is sent back from a higher court (appeals court, for example) to a lower court.

Remit

In a legal context, if the judge remits a payment, the defendant is not obligated to make that payment. This is also synonym for remand.

Responsibility

Liability in civil proceedings. In criminal proceedings it means 1) guilt or 2) "the mental fitness to answer in court for your actions." See "Competency"

Restraining order 人身保护令

An abuse prevention order. Its primary purpose is to protect against physical abuse.

Ruling, to rule 裁定/作出裁定

decision; to decide. Only judges can make rulings.

Sentencing , to sentence 量刑

Punishment (fines, imprisonment, probation)

Show Cause hearing 理由说明听证会

Also known as a clerk magistrate hearing, is a preliminary proceeding used to determine whether there is enough evidence to issue a criminal complaint and proceed with formal charges against an individual. This hearing typically takes place in cases involving misdemeanors minor offenses, particularly when the individual has not been arrested.

Small claims 小额诉讼/小额法庭

A court that handles disputes over small amounts of money.

Standard of proof 证明标准

The level to which something should be proven for a finding of guilt or liability.

Straight Warrant 直接逮捕令

Issued when there is no proof that the defendant knew they had to appear in court. Rather than an arrest, the police will have the accused sign a recognizance to appear in court.

Tender; to tender 答辩

(v.) to offer; tender (n.) an offer

To waive 放弃

（v.) to give up something such as fees or a right to julry trial

Unlicensed operation 无照驾驶

Driving without a valid unexpired license.

Victim/witness advocate 受害者与证人协助专员

A person from the District Attorney's office whose responsibility is to maintain contact with and look out for the interests of victims and witnesses. The work in conjunction with prosecutors but are not attorneys. In some courts they assist people in filing abuse prevention orders.

Waiver 放弃权利书/弃权书

(n.) a document that states what is being forfeited or given up such as a Waiver of Counsel form.

With, without prejudice 永久驳回（不得重起诉

The difference between "dismissed with prejudice" and "dismissed without prejudice" pertains to whether a case can be brought before the court again. "With prejudice" means the case is permanently dismissed. "Without prejudice" means that the case is dismissed temporarily and can be reopened later.