【百帖笔记领勋章】yping88的随便日记---Reflections on TV show: The Good Wife

yping88

浮云云艾米莉 发表于 18-9-2014 22:19
我以前超喜欢Kalinda 的工作的。后来就自己做了现实版的Kalinda....后来就发现累死了坚决不要做了。。。。

Now, you have walked into Alicia's shoes, haven't you? Enjoy that wonderful sense of accomplishment, don't you?

We are so proud of you, beautiful girl! You are just the one like no other!

yping88

They are evenly split  反对，赞成各占一半

Teaching an old dog new tricks 使守旧的人接受新事物

Teaching an entitled dog new tricks 班门弄斧

You are bumped into the second chair 被转为辅助辩护律师了 in this defending case

wj22

同学,是the good wife.

yping88

His guilt was established beyond reasonable doubt 超出一切合理的怀疑，亦即毋庸置疑

Give somebody the benefit of doubt before he is proved guilty 在他被定罪之前，他是无辜的

Evidentiary procedure 证据产生的过程

Collateral damage  连带受害人，间接受害人

yping88

wj22 发表于 18-9-2014 23:07
同学,是the good wife.

Thanks you, my dear friend! Correction has been made!

Please stick around!

语之玫瑰

楼主同学能否介绍下英美法系的一些基本名词或规则，例如：
Case Law
Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.

As opposed to statutes—legislative acts that proscribe certain conduct by demanding or prohibiting something or that declare the legality of particular acts—case law is a dynamic and constantly developing body of law. Each case contains a portion wherein the facts of the controversy are set forth as well as the holding and dicta—an explanation of how the judge arrived at a particular conclusion. In addition, a case might contain concurring and dissenting opinions of other judges.

Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.

又例如上文提到的
Reasonable Doubt
A standard of proof that must be surpassed to convict an accused in a criminal proceeding.

Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt. If the jury—or the judge in a bench trial—has a reasonable doubt as to the defendant's guilt, the jury or judge should pronounce the defendant not guilty. Conversely, if the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty.

Reasonable doubt is the highest standard of proof used in court. In civil litigation the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and convincing evidence is evidence that establishes a high probability that the fact sought to be proved is true. The main reason that the high proof standard of reasonable doubt is used in criminal trials is that criminal trials can result in the deprivation of a defendant's liberty or in the defendant's death, outcomes far more severe than occur in civil trials where money damages are the common remedy.

愚夫

I am neither here nor there with law affairs ...

yping88

doreadme 发表于 19-9-2014 16:02
I am neither here nor there with law affairs ...

Neither am I!

Even though I feel so out of my depth in legal land, I still am quite happy to challenge myself for this adventure. Let's march into this exciting expedition together and support each other through this trek!

Thank you for being here for me!

yping88

语之玫瑰 发表于 19-9-2014 15:47
楼主同学能否介绍下英美法系的一些基本名词或规则，例如：
Case Law
Legal principles enunciated and em ...

You have gone much further than what I initially dared to explore in the legal system! What an inspiration you are!!!

I'll see how far I can go at explaining the rules! But not the law, because I don't dare to mislead the others when I know nothing better than any other person!

Thank you for your valuable input! May I call for your help whenever I run into a dead end?

yping88

Notes:

Jury system--Used in criminal law, in which jury is comprised of 12 members. To convict an accused,  at least 10 out of 12 members have to be convinced of the accused's guilt based on all the evidences admitted into that case.  However, if it is 一级谋杀刑事案件，只要其中任何一个人有不同意见，法庭都不能宣判。(Please refer to @江南柴进 's post: http://freeoz.org/ibbs/forum.php?mod=viewthread&tid=986535 )

Jury selection rule--Any citizens can be chosen to be a member of a jury panel, and all citizens have the legal responsibility to serve the jury's duty whenever called upon.

However, the candidate has to have no knowledge about what is going on with the particular case he/she serves, just in case, his/her preemptive perception could possibly impair the accused's fair trial. He/she has to be an impartial person when it comes to a particular culture, religion and population. For instance, if a potential jury member is found to have a bias on muslin, he/she won't be able to be selected to a jury panel who are about to hear the case that involves any muslin people.  Just in case, that bias will play a negative role in muslin suspect's fair trial.

That's why as long as a murder case becomes a high profile one, it will get extremely hard to select the jury panel. Then, the trial will be unbearably postponed and unfavorably affect the victims.

Also, as long as the jury panel is established, all members will be isolated from the public contact. They are not allowed to read newspapers, watch any TV programs relevant to the case in trial, to discuss with any outsiders about the case. Their only source of information about the case is from the court room.

So, in the process of the trial, if any jury member broke the rules, the whole trial would be coming to an abrupt end, the jury panel would be dismissed and re-selected!

I guess that's one of the reasons when the judge pronounces an accused's guilt, he always can make such a statement confidently: Your guilt of murdering the deceased is beyond reasonable doubt!  

yping88

Prenuptial agreement   婚前协议

The whole line of questioning is just a smoke-screen  这一连串的质询只不过是个烟幕弹 Then, why don't we wait for a whiff of smoke before we call it a screen 为什么不吸几口烟雾看看再定夺它是不是烟幕呢---非常诙谐的回答，表明想看看这个烟幕弹到底遮掩着什么

Previously unreleased trace evidence  原来未公布的追踪证据

Cross examination--一方传唤的证人被对方律师质询，这个律师会提出一些与证人证词相佐的问题，以验证其证词的真伪

Appellate court 上诉法庭

yping88

Any civil law suit 民事诉讼 against the rich could be regarded as opportunistic 乘机捞钱 Make a quick cash

I always back up the underdog 处于劣势的一方

She has been doing the law firm shopping   频繁委托一个案子给不同的律师事务所

Launch unsubstantiated sexual charges 毫无根据的性骚扰指控 against the public figure to gain some advantages 捞取好处

Those offensive and misguided charges wouldn't be possibly in his favor 那些对他具有攻击性和误导性的指控不可能对他有什么益处 if they were brought to court

yping88

We would like to make an financial offer （法）花钱私了, and it's not negotiable （价钱）没商量的余地

Standard confidentiality agreement 正规的保密协议

Standard civil agreement 标准的民事协议

Sue someone for defamation 以诬陷罪起诉某人

I wonder how flexible you client is on the confidentiality agreement 在保密协议上有多少商量的余地

This is a settlement poker 一场寻求庭外和解的牌局 in which the point of preparing the trial well is that we don't have to go to court. The person who plays better hands makes better deal 谁控着好牌，谁就掌着优势, so go grab some good cards 去抓些好牌吧，亦即努力工作，找到一些能够牵制对方的证据，让他乖乖就范，寻求庭外和解（This solution is only applicable to the civil law suit）

yping88

The only thing I don't have the time for is these empty threats 空洞的威胁

Everything he does is for political calculation出于政治上的考虑

General descriptions of a suspect  对嫌犯的概括性描述

yping88

Pre-trial hearing 预审听证会--原告方提出起诉的理由，诉求应该简短，精洁，直接，简单。 这时不必递交技术意义上的起诉书或提出任何动议。 控方和辨方必须坦诚地交流信息，以决定是否可达成庭外和解。经交换信息，商议之后，控方可以撤诉或改变为辨方同意认罪的诉求。控方应该详细地告诉辨方证人将要在庭审时陈诉的事情，这样辨方会就此考虑是否还要辩无罪。辨方不必向控方提供任何他要在正式庭审时要呈出给法庭的证据。

预审听证会一般不对外开放，辨方所说的任何话都不准在以后的正式庭审中被利用。

如果控辩双方通过沟通未达成和解，正式庭审就会继续。控辩双方必须讨论此案审理需要的时间，是否有些事实是无争议的，而双方都同意呈现给法庭的，是否有别的方案可以使庭审时间在正式审理中被最有效地利用

法庭必须得到以上信息后才能决定正式庭审日期

Am I on the right track？ @语之玫瑰

yping88

It just gets interesting!!!

Dux

yping88 发表于 20-9-2014 00:36
It just gets interesting!!!

Wow, still up? Super girl!

语之玫瑰

yping88 发表于 20-9-2014 00:34
Pre-trial hearing 预审听证会--原告方提出起诉的理由，诉求应该简短，精洁，直接，简单。 这时不必递交技 ...

楼主真好
补充一点，预审是英美法系优势的一大体现，通过预审很多案件可以免于起诉，大大节省了纳税人的钱。

语之玫瑰

对于更好的了解Jury system的运作和优势所在
推荐大家看一部非常经典的片子：十二怒汉 12 Angry Men (1957)

浮云云艾米莉

大家看电影学法律的话，我提醒一下，澳洲法律跟美国法律在很多方面是不一样的哦。。。不能完全依赖电影电视哦，有问题还是要找律师的

浮云云艾米莉

举个基本例子，美国律师都会按比例拿钱，50% of settlement 之类的，澳洲是不允许拿这样的contingent fee的，除非你是litigation funding那又是另一回事情了

浮云云艾米莉

澳洲jury 一般要求12个人完全一致通过才可以，大案子一般会有12-15个jury member. 跟美国还是很不一样的

yping88

浮云云艾米莉 发表于 22-9-2014 19:15
大家看电影学法律的话，我提醒一下，澳洲法律跟美国法律在很多方面是不一样的哦。。。不能完全依赖电影电视 ...

Even in The States, what the law says and how it is interpreted will be different in reality and movies. Here, we  are just having fun understanding the show: The Good Wife in particular!

Please take your mind from what the law should be and join in the fun club, counselor!

yping88

浮云云艾米莉 发表于 22-9-2014 19:20
澳洲jury 一般要求12个人完全一致通过才可以，大案子一般会有12-15个jury member. 跟美国还是很不一样的

Would you mind sharing with us how it works in legal land in Australia, counselor?

It will be coming handy if we understand some basic civil laws. We are not looking for trouble, but at least we are aware of it when our civil rights are violated, only at this stage will we realize the legal assistance should be sought!

Looking forward to sitting in your audience and listening attentively to your insightful introduction of Australia legal matters!

Please get on board, counselor!

yping88

Notes on season 1, episode 3:

Don't go around me by talking to my kids  别背着我向孩子们乱说

Don'y beat around the bush, just get to the point  别拐弯抹角了，有话就直说吧

yping88

Clock billable hours  完成以小时计费的工作时间

Under performance  工作表现不佳

Nothing reported stolen  没有东西被报失

Felony murder  重罪谋杀

First degree murder: (有谋杀意图或情节特别严重的)一级谋杀罪--蓄意的，有预谋的, 连带着某些重罪 such as rape, burglary, arson, 导致多人死亡, or 被害人为特殊人群--a child, a police officer, a prison guard, a fellow prisoner), 尤其是使用某些武器, particularly a gun.

Second Degree Murder: 二级谋杀：未经过预谋的 （non-premeditated), 由攻击，侵犯而导致的杀害，受害人的死亡是不可能预见的 (a distinct possibility).

Manslaughter: 过失杀人，误杀

yping88

Bail hearing  保释听证会

When the connection is personal, it could get tricky 变得棘手

The gallery in court  旁听席

The defendant was remanded in custody 继续羁押候审

Your co-defendant 共同被告 must have cut a deal with 与。。。达成协议 the state attorney

He got himself into a pretty toxic friendship 交友不慎，近墨者黑

We should be fighting for his total exoneration为他的完全无罪释放而辩护, he is innocent

It wasn't easy to get him to budge 他不易妥协

You don't seem like a good fit in here 你显得跟这儿不太搭调

yping88

Innocent is bliss  无知便是福

Accomplice 共犯，帮凶

He is trying to admit to an accomplice of burglary认罪于共同入室抢劫 as an immunity from the felony murder charges 来逃避重罪谋杀的指控

Is there enough cause to hold the defendant for a long, expensive trial 让被告经历又长又昂贵的审判

yping88

Spontaneous confession 自动认罪

I will go grey waiting for 等得头发都白了 your answers

My interest has never been in litigation 兴趣从未放在诉讼上

The court adjourns 本庭休庭 until 0900 tomorrow

Case law  判(案)例法

As a new kid on the block做为新来者, I will be much better off to learn  from the senior solicitor

You dazzled us 令。。。迷惑 with your math skills  

Bylaws 法规，地方法 of neighborhood of Hylene Park association

yping88

Circumstantial evidence 旁证，间接证据

Pressing a felony murder charge against 指控。。。重罪谋杀 someone just based on some circumstantial evidence alone is unconscionable 不合理的

Trespass 非法进入私人领地，非法侵入(lighter than break-in)

Break-in and entering 破窗/破门闯入

Skilled negotiator 老练的谈判家

You have done the heavy-lifting 分量很重的事情 in this case

Perform 1000 hours community service  社区服务 and participate in mandatory drug counseling 强制性的毒品咨询

Plea bargain[律](以被告承认犯有轻罪而获从轻处罚的)认罪辩诉协议