干货 | 法律英语词义辨析:被告人

嘟嘟鱼伊 1999-10-23 14:32:45 热度:1734°C

不管你做什么,都不要放弃!

Whatever you do,do not let go!

“被告人”词义辨析带给大家。

Defendant / respondent /

the accused / defender/Defendour / libellee

以上单词均有“被告人”含义

01

defendant

n.被告人在民事诉讼中被起诉的或在刑事诉讼中受到犯罪指控的人。(respondent;jointdefendants;nominaldefendant)

——元照英美法词典

A person sued in a civil proceeding or accused in a criminal proceeding.

干货 | 法律英语词义辨析:被告人

John Doe defendant. (1917)An anonymous defendant labeled "John Doe" because the plaintiff does not, at the time of filing suit, know the person"s name, John Doe defendants are common in several situations, as in police-brutality lawsuits in which the plaintiff does not know the names of the officers allegedly at fault, or in some copyright-infringement lawsuits where defendants are identified only by Internet addresses.

target defendant. (1959) In a case with multiple defendants, the one whom the plaintiff considers the primary source for any recovery of damages. Among several defendants, one is usu. the most blameworthy or has the most insurance or greatest assets, or both.

defendant in error. (18c) Archaic. In a case on appeal the prevailing party in the court below. See APPELLEES RESPONDENT (1).

defendant score. (1982) A number taken from an established scale, indicating the relative seriousness of the defendant"s criminal history. Cf. CRIME SCORE.

defendant"s gain. (1882) The amount of money or the value of property that a criminal defendant has obtained by committing a crime. Some states, such as New York consider the defendants gain when assessing a criminal fine or ordering restitution.

——Black"s Law Dictionary

02respondent

n.

①被上诉人

②(衡平法诉讼中的)被告

③被申请人;应答人

指提出申请一方的对方当事人,或对之发出传票的当事人。(大陆法)替代答人;保证人指为他人作答辩或作为他人的保证人行事的人。

——元照英美法词典

1.The party against whom an appeal is taken; APPELLEE. In some appellate courts, the parties are designated as petitioner and respondent. In most appellate courts in the United States, the parties are designated as appellant and appellee. Often the designations depend on whether the appeal is taken by writ of certiorari (or writ of error) or by direct appeal.

2. The party against whom a motion or petition is filed CE PETITIONER.

3. At common law, the defendant in an equity proceeding.

干货 | 法律英语词义辨析:被告人

4. Civil law. Someone who answers for another or acts as another’s security.

——Black"s Law Dictionary

03the accused

n.

刑事被告人

——元照英美法词典

1. Someone who has been blamed for wrongdoing; esp., a person who has been arrestee (as by indictment or information).

2. A person against whom legal proceedings have bd and brought before a magistrate or who has been formally charged with a crimeen initiated.

——Black"s Law Dictionary

04defender

n.

①辩护人;答办人 可以指自行辩护的被告人,也可以指辫护律师。

②(法)否认;辨护;禁止;防止;保护

③〈苏格兰)(教会法)被告

——元照英美法词典

Someone who defends, such as the defendant in a lawsuit, a person using self-defense, or defense counsel.

干货 | 法律英语词义辨析:被告人

——Black"s Law Dictionary

05Defendour

n.

①被告人

②揭发同案犯中的被揭发者

——元照英美法词典

(Law French) Hist. A defendant; the party accused in an appeal.

——Black"s Law Dictionary

06libelee

n.

海商案件中的被告

——元照英美法词典

The party against whom a libel 1i has been filed in admiralty or ecclesiastical court. -Also spelled libellee.

——Black"s Law Dictionary

(实习编辑助理:赵婉婷)

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