Legal Jargons Words And Phrases A Brief Definition
裁决[Law]: To judicially award (someone) something, usually legal remedies; To decide or rule by a judge. [法律]：司法裁决（某人）某事，通常是法律补救措施； 由法官决定或裁决。
Example: The High Court adjudged the remedy of rescission to the appellant.
Example: B was adjudged to be guilty of the crime.
宣誓书[Law]: A written statement that is signed by a person before a commissioner for oaths to declare that the information stated therein is true, the same will be used as evidence in court. [法律]：一份由个人在宣誓官前声明所诉皆为事实的书面声明，同样的会在法庭上被用为证据。
OTHER: WRITTEN STATEMENT, SWORN AND AFFIRMED USUALLY BEFORE THE COMMISSIONER OF OATHS IN THE NAME OF THE DEPONENT.
Example: C was directed by her lawyers to affirm an affidavit to ensure that every element she claimed was genuine.
Alternate Dispute Resolution
代替性纠纷解决方式[Law]Alternative ways to determine a case without going to court. [法律]不通过法庭来裁决案件的代替性方式。
[Others] mediation, arbitration, and conciliation.
[Example] It is preferable to settle issues with Alternative Dispute Resolution to avoid costly litigation.[示例] 最好使用替代性争议解决方式解决问题，以避免价格高昂的诉讼。
仲裁[Law]: A proceeding where parties bring their dispute to a neutral third party and agree to abide by his/her decision. Similar to court case since each party can present evidence, but not as formal, and heard by an arbitrator and not a judge. [法律]：当事人将争议带到中立的第三方并同意遵守其决定的程序。 类似于法庭案件，因为每一方都可以提出证据，但不是那么正式，并且由仲裁员而不是法官审理。
Example: Both parties attended the arbitration to settle their matters in an informal way compared to litigation.
废止[Law] It refers to a legal procedure to declare a result/agreement to be declared invalid. [法律]这是指将一个结果/协议宣布无效化的一种法律程序。
Example: The Marriage/Bankruptcy Order had been annulled.
上诉[Law] To challenge a previous legal deliberation in a higher court. [法律]在上级法院挑战先前的法律审议。
Example: When a Defendant is ordered to compensate a Plaintiff for damages resulted from breach of contract in the Session Court, the Defendant can file the appeal to challenge the decision in the High Court.
不在场证明[Law] It is a defence to a criminal charge which the accused alleging that he was somewhere else during the happening of the alleged crime. [法律] 这是对刑事指控的辩护，被告声称在所指控的案发期间他在其他地方。
Example: Alex raises an alibi that it was impossible for him to commit the alleged crime at Kuala Lumpur when he was proved to at Johor Bahru during the happening of the crime.
证明[Law] It refers to an act of affirmation that the document is true. The witness can attest the document by signing it to confirm that the document is true and genuine. [法律]这指的是核实文件为真实的行为。证人可以通过签署文件来证明文件的真实性。
Example: The witness attested the document by signing on it.
Beyond reasonable doubt
排除合理怀疑[Law] A standard of proof that carries a high degree of probability but need not be certain. [法律]具有高度概率但不必确定的证明标准。
Example: D was sentenced to a three-year imprisonment by the judges when the Honourable Court decided that the prosecutor had proven their case beyond reasonable doubt.
示例：当尊敬的法院裁定检控官已排除合理怀疑地证明了他们的案子时，法官判处 D 三年监禁。
善意[Law] A Latin term for genuine; made with sincere and honest intentions. [法律]拉丁语的‘真诚’； 用真诚和诚实的意图。
Other: IN GOOD FAITH
Example: The court assumes that the litigants have acted bona fide.
法警[Law] A court officer who carries out the court’s orders, such as taking a debtor’s goods and selling them to get money to pay the debtor’s debts. A bailiff can also personally deliver (serve) documents to people. [法律]执行法庭命令的法庭人员，例如扣押债务人的财产并出售以取得金钱偿还债务人的债务。法警也可以亲自寄送（送达）文件予当事人。
Example: The bailiff is executing the Writ of Seizure and Sale against the debtor.
保释金[Law] It refers to the money or property given to the court as a security for the temporary release of an accused from police custody. This is to ensure the accused’s attendance for court hearing. [法律]这指的是指提供给法庭的金钱或财产，作为暂时释放被告人的担保。 这是为了确保被告出席法庭聆讯
Example: After paying for the bail, Alex is temporarily released from police custody, with a condition that he will attend court hearing on the specified date.
Certified true copy
经核证的真实副本/经核证无误的文件副本[Law]: A document which affixed with an official seal by the court or a lawyer or by some other officers.
With a seal together with a clear date and signature showing that the document is a true copy of the original, usually upon payment of a fee.[法律] 由法庭或律师或其他官员加盖公章的文件。
Example: Applicants are required to submit a certified true copy of the document so that they can retain the original unless stated otherwise.
藐视者[Law] A person who acts in contempt of the court, usually by refusing or failing to comply with its orders. [法律]一个人藐视法庭的行为，通常都是拒绝或无法遵从法庭命令。
Example: The contemnor is sentenced to jail for six months for deliberately refusing to comply with the Court Order.
Costs follow the event
费用以诉讼结果为准[Law] The unsuccessful party of the trial to pay the successful party the incurred costs. [法律]败诉方承担胜诉方律师费。
Costs of the Day
一天的费用[Law] This cost is paid by the party who has obtained an adjournment of hearing on that day. [法律]取得休庭的一方应支付该日一天所需的费用。
Example: If Defendant successfully obtained adjournment of hearing on the scheduled date, he has to pay the cost incurred by the Plaintiff on that day.
盘问[Law] It is an interrogation of a witness at trial where the counsel asks questions relevant to the disputed facts and the witness must give an answer to the question, whether or not it would expose him to legal liabilities. [法律] 这是在审判中对证人的讯问，律师询问与有争议事实有关问题，证人必须回答问题，无论这是否会使他承担法律责任。
警告[Law] May he beware; refers to a qualification, or warning [法律]愿你当心，指的是资格，或者警告
Example: An example of caveat is a police officer telling someone to stop or they’ll shoot.
损害赔偿[Law] Monetary compensation awarded to a party as a means of recompensing a loss or injury suffered [法律]给予一方的金钱赔偿作为补偿所受的损失或伤害的一种方式。
Example: Y was awarded RM500million as damages after winning a high-profile court case involving a breach of contract.
证人[Law] An individual who gives evidence in court by affirming an affidavit under oath [法律]一个在法庭作证的人，通过宣誓确认宣誓书。
Example: The deponent is ordered by the Court to provide a testimony in the High Court next week.
缺席判决[Law] This means a judgment can be obtained in default of the appearance of a party to the trial, which is usually be applied by the Plaintiff [法律]这指的是在其中一方缺席的情况下判决还是可以被获得，通常适用于原告。
Example: The Defendant did not file a reply to the Plaintiff’s claim within 14 days, which this results in default of appearance.
披露程序[Law] It is a process in which the Plaintiff and Defendant reveal to each other any documents relating to the matters in question which are or have been in their possession [法律] 在此过程中，原告和被告相互透露所涉及他们的争议的文件，无论是他们拥有或曾经拥有的任何文件。
Dismissal for want of prosecution
撤销诉讼请求[Law] The case is dismissed by the judge when there is no further action executed by the Plaintiff [法律]如果原告没有进行进一步的行动，案件会被法官撤销。
Example: The Plaintiff’s case is dismissed for want of prosecution as there was no submission of pleadings to the court thereafter.
Doctrine of election
选择学说[Law] A common law principle stating that when judgment has been obtained against either the co-contractor in a contract, the plaintiff cannot then bring an action against the other party in order to get a second judgment using the same contract as that contract has merged in the first judgment [法律]一项普通法原则规定了当针对合同中任何一方的共同承包商的判决已被获得时，原告不能对起诉另一方并使用在第一次判决中所使用的同一合同获得第二次的判决。
Example: Based on the doctrine of election, G is not allowed to bring an action against the agent now that she has already obtained a judgment against the principal in the same contract.
尽职调查[Law] Reasonable steps taken by an individual or an organisation to avoid committing a tort or an offence [法律]有个人或组织进行的合理步骤以避免侵权或犯罪。
Example: Due diligence has already been conducted by a team of in-house counsel for a new Australian bank in Canberra.
产权负担[Law] A burden imposed on assets or properties, such as mortgages or liens [法律] 对资产或财产施加的负担，如抵押或留置权。
Example: Ninety-percent of the properties owned by the company are free from all encumbrances since April this year.
惩戒性损害赔偿[LAW] Damages awarded in addition to the actual damages suffered. It is usually awarded when the Defendant has acted recklessness, mala fide and/or deceit. It is aimed to deter the wrong-doer from behaving in the same or similar way. [法律] 是指除实际遭受的损害外，还判给的损害赔偿。 它通常在被告鲁莽、恶意和/或欺骗行为时被授予，以示惩戒。 它旨在阻止错误行为者以相同或相似的方式行事。
Example: Peter was drunk driving and as a result hit John, the court may award exemplary damages to deter Peter from drunk driving again.
展示[LAW] It refers to documents or objects shown to the court as evidence. [法律] 指作为证据向法庭出示的文件或物品。
单方面的[LAW] It is an action brought before the court by one party only. [法律] 这是仅由一方当事人向法院提起的诉讼。
Example: The Plaintiff may seek for an ex parte motion when he could not serve the Notice to the Defendant to attend court hearing.
A loan agreement made socially/ out of good faith between family members, friends or acquaintances.
Example: Since friendly loans are made out of good faith, it is acceptable that any legal consequences that may arise out of the arrangement cannot be challenged in court.
传闻证据[LAW] It is evidence by a person who did not witness the commitment of crime but heard about it from someone else. [法律] 这是一个没有目睹犯罪行为但从其他人那里听说过的人的证据。
赔款/保障[Law]: Security or insurance against hurt, loss, damage or harm, usually involving a form of payment promised in the event of such losses or injuries. [法律]: 针对伤害、损失、损害或伤害的保障或保险，通常涉及在发生此类损失或伤害时承诺的付款方式。
Example: It has been stated precisely in the policy that no indemnity will be given for the loss of prohibited items brought into the arena.
A Latin term for ‘among other things’.
OTHER: AMONG OTHER THINGS
Example: It was decided by the court that inter alia, it was still unconscionable for the defendants to go back on their promises without a valid and appropriate reason.
临时禁令[Law]: An equitable remedy granted in Commonwealth jurisdictions that temporarily compels or prohibits a party to do or not to do something before the final judgement is made. [法律]：英联邦司法管辖区授予的衡平法补救措施，可在作出最终判决之前暂时强制或禁止一方做或不做某事。
Example: R had recently filed an action against his neighbours for the action of trespass to land, but the hearing is not until next year. To prevent unfairness, the court had decided to grant him an interim injunction to prohibit his neighbours from entering into his plot of land for the period of time until the court makes a final decision next year.
示例：R 最近以非法侵入土地为由对其邻居提起诉讼，但听证会要到明年。 为防止不公平，法院决定授予他临时禁令，禁止他的邻居进入他的土地，直到法院明年做出最终决定。
中间（判决）[Law] A judgement which is made during the progress of a legal action. It is not regarded as definitive because the action is still ongoing, and the final judgement is yet to be made. [法律]： 在诉讼过程中作出的判断。 由于诉讼仍在进行中，尚未作出最终判决，因此并不被视为最终判决。
OTHER: DURING THE COURSE OF ACTION
Example: The judge questioned whether or not this was an interlocutory appeal.
双方（诉讼当事人）之间[LAW]: A Latin term for ‘between the parties’. It is usually phrased in a legal relationship involving specified individuals which is not a concern to others. [法律]：“双方之间”的拉丁语术语。 它通常用在涉及特定个人的法律关系中，而不是其他人关心的问题。
Example: This contract is made inter partes among the senior members of SGZ Corporation.
示例：本合同是由SGZ Corporation 的高级成员之间签订的。
质询书[LAW] It is known as “pre-trial discovery of facts” which cut down the time for oral evidence that needs to be adduced at trial. [法律] 被称为“庭前事实发现”，可以缩短需要在庭审中提出的口头证据的时间。
Example: A list of questions will be served by one party to the other with the leave of court. The answer written by the other party will considered as an answer under oath, usually by an affidavit.
缺席[LAW] In absence; legal proceedings without the presence of either party are said to be conducted in absentia. [法律] ：缺席时； 在进行法律程序时，其中一方不在场的情况
Example: The respondent was not present in the trial today, it was a trial in absentia.
破产[LAW]: It is a financial state in which a person or a company is unable to repay their debts. [法律]： 这是一种个人或公司无法偿还债务的财务状况。
Example: a company may be insolvent if it is unable to repay its creditors on time.
诽谤[LAW]: A false statement made and published in order to damage one’s reputation [法律]： 为损害个人名誉而作出并发表的虚假陈述
Example: Peter wrote on his Facebook that John is a liar. The written statement is considered libel.
时效性[LAW]: The maximum time period to which a person can claim for his right in a court. [法律]: 一个人可以在法庭索赔的时间限制。
Example: Peter promised John to pay him RM100,000 for John’s Toyota Vios by June 28, 2021, Peter got the Vios, but did not pay John in full. John may sue Peter within 6 years. He should file his case before June 28, 2027 under normal circumstance.
合法监护[LAW]: Right to raise a child granted by the court. [法律]： 法院授予的抚养孩子的权利。
Example: In an annulment of a marriage, the Court granted the mother the legal custody of the child.
恶意的[Law]: A Latin term for ‘intended in bad faith’, or ‘unconscionable’. [法律]：拉丁语术语，表示“出于恶意”或“不合情理”。
OTHER: IN BAD FAITH
Example: Most experienced representatives from multinational corporations have been trained to detect certain frauds committed with mala fide intention.
财产禁令[Law]: Widely known as the freezing injunction, Mareva injunction is an equitable remedy granted by the English courts to freeze or hold the debtors’ assets to prevent them from being transferred abroad. [法律]：财产禁令被广泛称为冻结禁令，是英国法院授予的一种衡平法救济，用于冻结或持有债务人的资产，以防止其转移到国外。
Example: V was granted a Mareva injunction by the court after she managed to successfully prove to the judge that her debtors are trying to move their money out of the country to avoid them being seized by the authorities.
犯罪意识/意图[Law]: A Latin term for ‘ill intention’. In criminal trials, the prosecutors are usually required to prove that the suspect had had the intention to commit the crime, although some offences are punishable regardless of whether there was the element of intention present in the suspect’s mind while he was committing the act. [法律]：“犯罪意图”的拉丁术语。 在刑事审判中，检察官通常需要证明嫌疑人有实施犯罪的意图，尽管有些犯罪行为是会受到惩罚的，无论嫌疑人在犯罪过程中是否存在意图要素。
OTHER: GUILTY MIND
Example: Criminal lawyers may argue that the group of drunken youths who committed the bank robbery had not had the mens rea because they were heavily intoxicated.
延期履行权/延迟偿还权[Law]: A legal authorization for the postponement of a debt payment or fulfilment of an obligation. [法律]：推迟偿还债务或履行义务的法律授权。
Example: The court authorizes the debtor a moratorium to repay his debts at a later time.
调节[LAW] It is a procedure in which the parties discuss their disputes with a trained impartial third person(s), known as the mediator, who assists them in reaching a settlement. [法律] ：这是一种程序，当事方与经过培训的公正的第三方（称为调解员）讨论争议，该第三方协助他们达成和解。
Notice of motion
动议通知[Law]: Also known as an interim application, a notice of motion is a formal notification issued by the individual to the other relevant parties notifying them that a motion has been filed before a court and (usually) enclosed with it a date and time for the hearing. [法律]：也称为临时申请，此动议通知是以个人名义向其他相关方发出的正式通知，通知他们本人已向法院提出动议并（通常）附有听证会的日期和时间。
Example: The plaintiff has prepared a notice of motion to be served upon all the other litigants informing them about the upcoming time and date of the court hearing.
法定的（庭令）[LAW]: It refers to a formal and official direction given by the judge or court to do or not to do certain things. [法律]： 它是指由法官或法院发出的关于做或不做某些事情的正式和官方指示。
Example: An order by court was made to wind up the company.
缺乏谨慎思考下；粗心大意的[LAW]: It refers to a judgment which was decided through “lack of care”, which did not make references to precedents and sound reasoning. [法律]： 它指的是通过“缺乏谨慎”做出的判决，没有参考先例和合理的推理与论证。
初步印象；初步证明[Law]: A Latin term for ‘true at first impression’. [法律]：拉丁语术语，表示“真实的第一印象”。
OTHER: AT FIRST SIGHT
Example: The present case is believed to have a prima facie evidence regarding the debtor’s inability to repay his debts, thus there is no further need for the plaintiff to prove so.
惩罚性制裁[LAW]: A punishment or penalties assigned to an individual or a company for violating the law. Usually in the form of monetary fine, a punitive sanction could also in the form of business suspension or a court order compelling or prohibiting the party to do or not to do something. [法律]： 对违反法律的个人或公司进行的惩罚或处罚。 通常以罚款的形式，惩罚性制裁也可以以停业或法院命令的形式强制或禁止当事人做或不做某事。
Example: The government of the Netherlands imposes punitive sanctions that are of the purpose of punishing the wrongdoers and deterring potential individuals from breaking the law in the form of community works, fines, damages and driving disqualification.
救济[Law] Also known as judicial remedy, a relief is a legal redress granted by the court to the individual or party as a means of compensating them for their losses or injuries.【法律定义】也被理解为司法补偿，救济是一项法庭提供给个人或当事方的一项法律补救，作为补偿他们的损失或伤害的一种手段、
Example: The victims of the car accident sought for relief against the defendants who were negligent for both pecuniary and non-pecuniary losses incurred as a result.
撤销合同[Law]: An equitable remedy that restores the contracting parties back to their original positions as if the contract has never been formed.
Example: The judge granted the plaintiff the remedy of rescission due to the defendants’ failure to fulfill their legal obligations to perform the contract.
已判决完毕之案件[LAW] An issue that has been decided by a court of law.
Example: The High Court of Malaya has decided not to award damages to a Plaintiff. The Plaintiff cannot file the same claim based on the same facts in the High Court of Sabah and Sarawak.
已封存的命令[Law]: An order by the court which is affixed with the court seal.
Example: After obtaining an order from the Honourable Court, Party A sends a sealed order to Party B to claim for costs of RM10,000.
强制履行[Law]: An equitable remedy granted by the court to compel a party to perform an act or obligation, granted usually where damages is an insufficient or inappropriate remedy.
Example: The plaintiff company sought for the equitable remedy of specific performance to compel two of its suppliers to deliver the goods in time, as the terms have previously been signed by both parties.
搜查令[LAW] It is a police warrant issued by the Magistrates to allow the police officer to enter into one’s premises.
擅自占地者[LAW] It refers to a person who occupies someone’s land illegally.
Example: X has been staying on Y’s land without his permission.
Statement of Claim
It is a written statement setting out the claim of the party in a civil case.
Stay of execution
It refers to the suspension of carrying out a Court order or judgment. For example, it can be granted when the matter is pending for appeal.
简易判决[LAW] Such judgment is granted when it is a clear-cut issue which the court is able to determine without commencing a full trial but merely examining the documents provided by the parties.
Formal delivery of a document such as a writ
Example: After filing a Writ of Summon, a Plaintiff is required to serve the document to the Defendant
Submission of no case to answer
无案可答[LAW] In criminal proceedings, it is an application made by the Accused when the Prosecutor’s case does not support a finding of guilt.
传票[LAW] It refers to a court order to request someone’s appearance. It is usually used to request the defendant to attend the case. It can be used to request a witness to be present in a court case.
Example: Those who had been served a summon must show up in a court case.
口头诽谤[LAW] Making a false statement by speaking to damage a person’s reputation.
Example: Peter said in a TV show that John is a liar. The spoken statement is considered slander.
Separate Legal Entity
独立法人[LAW] Upon incorporation, a company will have a separate legal personality from that of its shareholders. The company will be able to own assets and be personally liable for debts and obligations. It is like an artificial person.
传唤令[LAW] It is a court order to compel a person to attend a court hearing.
Example: I have been served a subpoena by the High Court of Malaya to attend a court hearing.
已明确的法律[Law]: that is so common that everyone (or the majority of the population) should know about.
Example: It is trite law in tort that when damage is suffered, a party has a cause of action against the other party.
信托[LAW] A trust is a legal relationship between a settlor, trustee and beneficiary. The trustee will hold the settlor’s assets for the benefit of a beneficiary, or for other purposes.
受托人[LAW] A trustee is any entity that holds and administrates assets for the benefit of a beneficiary or for a specific purpose. A trustee has a duty to make decisions for the best interest of the beneficiary or for advancing the purposes he/she is entrusted with. A trustee often owes fiduciary duty to the beneficiary.
越权[LAW] It means one has acted beyond his legal authority.
[Example] A police officer entered into a premise without a search warrant.
Legally it means that the property is capable of being occupied.
[Example] If the SPA clearly states the property shall be delivered of a vacant possession, the vendor of the property shall make sure the property is capable of being occupied by the purchaser.
清盘[Law]: To close down or cease operation of a company.
Example: The public-listed company was wound-up last month for failure to repay its debts.
无偏见[Law]: Usually included in letters, statements of offer and written documents, the word ‘without prejudice’ is included to acknowledge that the information is inadmissible to be used against the author in any future litigations or proceedings because of its confidentiality.
Example: The solicitors advised their client that the potential defendant’s letter could not be used against him in court because it was issued without prejudice.
示例：律师告诉他们的客户，潜在的被告的心寒不能在法庭上用以对付该客户，因为他是在without prejudice 的情况下发出的。
令状[Law]: An official document issued by the court to notify the individual that he or she will be involved in a legal proceeding, enclosed with it the explanation of what he or she is expected to do.
Example: The court has issued writs to all the relevant parties that will be involved in the legal proceeding.
Writ of seizure
扣押令状[Law]: An official document issued by the court to confiscate or seize a debtor’s property or assets after a number of failed attempts to compel the debtor to make repayments of its debts.
Example: The company had only started to make repayments of its debts after having found out through a legal representative that the court may issue a writ of seizure against him at any moment after obtaining an order from the Honourable Court, and that all his assets will be seized altogether.
Warrant of Arrest
逮捕令[LAW] A warrant of Arrest is a warrant issued by a judge or a magistrate to authorise the relevant authority to arrest an individual.
Example: Police received a report that Peter had hit William as William laughed at Peter, the Magistrate granted Inspector John a Warrant of Arrest to arrest Peter.