法律词汇

A
被告或被告人——被指控违反法律的人 休庭；延期——延期某案件的审理 法定监护人——依据监护人清单所指定的代表那些不能为他们自己做出决定的无行为能力人做出经济和法律决定的人 遗嘱执行人——由法院指定的执行死者没有遗嘱或有遗嘱但没有言明适格的遗嘱执行人的遗产的人 受影响的家庭成员——需要保护其免受家庭暴力的人 受影响人——需要保护其免受跟踪的人 宣誓书——包含为法院准备的证据的书面文件. 宣誓书是在授权人面前（授权人可以是律师或者治安官）签署、宣誓或确认其真实性. 承诺在法庭上说真话——如果你不愿意在圣经、古兰经或其他宗教典籍上宣誓，而做出的关于某些事情的真实发生状况的宣言或承诺. 有待证实的指责、指控——某人因另一人所做的某些行为而对其进行控告 上诉——允许一方反对法院所做出的裁决的程序 申请人——申请某项法院令的人 逮捕——警方因其认为你违反了法律而将你关进拘留所. 资产——你所拥有的物及财产权利等，例如财产（有形或无形），土地，股票，银行存款，珠宝，衣物及等等 律师、代理人——指定某人为另一人来做出财产，法律或者医学治疗决定 澳大利亚工作场所协议（AWA）——你与你的雇主所签订的书面雇佣合同，里面写明你的雇佣期限及雇佣条件 奖励——为劳动者制定的标明工资及雇佣条件的文件
 * accused** – person **charged with** the crime
 * adjourn** – to put off a court case to a later date
 * administrator (Guardianship List)** – a person appointed by the Guardianship List to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themselves
 * administrator (of a Will)** – person appointed by the court to deal with a deceased estate where there is no Will or where the Will does not name a suitable executor
 * affected family member** – a person who needs protecting from family violence
 * affected person** – a person who needs protecting from stalking
 * affidavit** – a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true
 * affirm** – a declaration or promise that something is true that is made if you do not want to swear on the Bible, Koran or other religious book
 * allegation** – when someone accuses another person of having done something
 * appeal** – a procedure that allows a party to challenge the decision made by a court
 * applicant** – the person applying for a court order
 * arrest** – when the police hold you in custody because they think you have broken the law
 * assets** – things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on
 * attorney** – a person appointed to make financial, legal or medical treatment decisions for another person
 * Australian workplace agreement (AWA)** – a written employment contract between you and your employer that sets out the terms and conditions of your employment
 * award** – a document that sets out wage rates and conditions of employment for groups of employees

B
保释——被指控人承诺将在某天应诉. 被指控人须要同意那些给警方的报告中的条款，居住在某一地点或有一些如保证人保证的行为. 保释官——在你拘押在拘留所期间，能够准许或拒绝你保释的人 可能性平衡——在民事案件中所需要的证明力度来决定事件的哪个版本更有可能接近实际发生的状况. 这个比“不容合理怀疑”更容易证实. 出庭律师——专门出现在法庭的律师 继承人或受遗赠人——基于遗嘱被给予遗产的人 不容合理怀疑——在刑事案件当中为法官或陪审团决定被告人是否有罪的所需的证明力度you are considered innocent until proven guity beyong reasonable doublt 血液中酒精含量——血液中酒精的数量 违法——违反法律或法院指令
 * bail** – a promise that you will go to court to face charges on a certain day. You may have to agree to conditions like reporting to the police, living at a certain place or having someone act as a surety for you
 * bail justice** – a person who can give or refuse to give you bail while you are in police custody
 * balance of probabilities** – level of proof needed in civil law cases to decide which version of events is more likely to have happened. This is easier to prove than 'beyond reasonable doubt'
 * barrister** – a lawyer who specialises in appearing at court
 * beneficiary** – a person who is given something in a Will
 * proven guilty beyond reasonable doubt** – level of proof needed in criminal cases for a magistrate or jury to decide whether you are guilty
 * blood alcohol content (BAC)** – the amount of alcohol in your blood
 * breach** – to break a law or court order

C
经核准的副本—— 指控——警方声称某人违法的说明
 * capacity (legal capacity)** – having the ability to understand and think things out
 * case** – your legal issues in the court system
 * caveat** – a notice that certain actions may not happen without first telling the person who gave the notice
 * certified copy** – copy of a document on which an authorised person has signed and written: 'This is a true and complete copy of the original'
 * charge** – an explanation of the law that police say you have broken
 * charge sheet** – a statement by the police that sets of the charges and starts the court process
 * codicil** – legal document used to change a Will
 * community based order** – when a court says you must do certain things instead of other penalties like going to prison or paying a fine
 * committal** – the first part of a court case where a magistrate decides if there is enough evidence for the case to go to trial
 * confidentiality** – a rule that says what you say to someone will not be told to others unless you agree
 * consent** – when you agree to something
 * consent orders** – an agreement between you and the other party which is approved by the court and then made into a court order
 * contest** – a court hearing in which the parties disagree or where an accused person pleads not guilty
 * contest mention** – a court date if you are pleading not guilty where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses
 * contravention** – when a court decides a party has broken the rules of a court order
 * conviction** – a criminal record of when the court has found you guilty of breaking the law
 * costs** – money for legal or other costs which a party may be ordered to pay in a court case
 * court list** – a list at court that shows the cases to be dealt with that day
 * court order** – a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law
 * criminal record** – a police record of your history in relation to criminal offences
 * custody** – when you have been arrested and are not free to leave

D
被告——
 * de facto spouse** – a person who is living with a person of the opposite sex as if they were a married couple although they are not
 * deed** – a document that is signed and officially sealed
 * 契约
 * defence** – a legal reason for why you are not guilty of the offence the police charged you with
 * defendant** – a person or organisation that has been charged with breaking the law
 * deponent** – a person making an affidavit
 * disqualification of licence** – the court takes your drivers licence away from you. You have to go to court to get it back
 * divorce order** – an order made by a court that ends a marriage
 * domestic partner** – an unmarried person who has registered their relationship with the Relationships Register. Also a person who has a personal and financial commitment to another person and provides domestic support
 * duty lawyer** – a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court

E

 * enduring power of attorney (financial)** – a document that allows a person to make financial and legal decisions for you, even after you cannot make decisions for yourself
 * enduring power of attorney (medical treatment)** – a document that allows a person to make decisions about your medical treatment when you are not able to make these decisions yourself
 * enduring power of guardianship** – a document that allows a person to make personal or lifestyle decisions on your behalf when you are not able to make these decisions yourself
 * enforcement order** – a written document made by a court that says you must follow an order
 * estate** – the assets of a person who has died
 * evidence** – information used in court to prove if something is true
 * ex parte hearing** – a court hearing where a party is not present and has not been told that this is happening
 * exclusion order** – a part of an intervention order that stops the family member the order is against from being at your home
 * executor** – person named in a Will to deal with the estate
 * ex-nuptial** – child born to parents who are not married to each other

F
family law registry** – a public area at a Family Law Court where people can get information about the court and its processes, and file documents for their court case
 * family consultant** – a psychologist or social worker who helps the court and the parties in children's cases
 * family dispute resolution** – when a family dispute resolution practitioner helps people to sort out their disagreements with each other following separation
 * 纠纷解决
 * family report** – a report about a family written by a family consultant. The report helps the court make a decision about the children
 * family violence** – harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse
 * family violence intervention order** – an order made under Victorian law to protect a family member from family violence
 * family violence order** – an order made under Commonwealth, state or territory law to protect a person, including a child, from violence
 * family violence safety notice** – a notice issued by the police to protect an adult from a family member who is using family violence
 * federal magistrate** – a person who makes sure the court case follows the rules and makes the decisions in the Federal Magistrates Court
 * file/filing** – to give documents to the court. The court stamps the documents and gives you back a copy
 * final hearing** – the last hearing in a case where the court listens to witnesses and any other evidence
 * final order** – the last order that the court makes to finish a court case
 * forensic medical examination** – an examination of your body by a doctor or dentist. This may involve taking body samples like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions

G

 * general power of attorney** – a document that allows a person to make financial or legal decisions for you while you have legal capacity
 * giving instructions** – telling your lawyer what you would like them to do
 * grant of probate** – court order that allows the executor of a Will to deal with and distribute the estate
 * guarantee** – a promise given by a person to pay your debt if you do not pay it
 * guardian** – a person appointed to make lifestyle decisions for someone who is unable to make those decisions themselves
 * Guardianship List** – protects people aged 18 years or over who, as result of a disability, are unable to make reasonable decisions for themselves
 * guilty** – what you say when you admit to breaking the law. Also a decision made by the court

H

 * hearing** – the presentation of a case at court

I

 * independent children's lawyer** – a lawyer appointed by the court to represent the best interests of the child
 * independent person** – an adult who must be with you during police questioning when you are under 18 and your parents or guardian cannot be there
 * Independent Third Person** – a trained person who is with you during police questioning if you are mentally impaired to help you understand each other
 * indictable offence** – a serious offence often heard before a judge and jury
 * informant** – a police officer or government official, such as a public transport officer, who charged you with breaking the law
 * infringement notice** – money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an ‘on the spot’ fine)
 * infringement warrant** – a court document that allows a sheriff to take certain actions
 * intensive correction order (ICO)** – a sentence where you spend time each week at a community corrections centre instead of going to jail. You must do unpaid community work
 * interim hearing** – a hearing that looks at the issues that need to be decided in the short term, such as where the children will live
 * interim order** – an order made by a court until another order or a final order is made
 * intervention order** – a court order to protect you from family violence or stalking
 * intestate** – a person who dies without a valid Will is said to have died intestate

J

 * judge** – a person who controls what happens in higher courts and deals with legal issues
 * judgment** – a decision by a court
 * judicial officer** – a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate
 * jurisdiction** – the legal power of a court or the area that a court's legal power covers (such as the state of Victoria)
 * jury** – a group of people who decide if you are guilty or not guilty based on evidence given in court

L

 * lawyer** – a person who can advise you about the law and represent you in court
 * lien** – a right to hold another person’s property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien over the car until the work is paid for

M

 * magistrate** – a person who decides if you are guilty or not and what punishment you get
 * mental impairment** – a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia
 * mention date** – a court date when the magistrate will ask you or your lawyer about your case. The magistrate will also speak with the other lawyer (or with police, if they are involved). If your case is not sorted out, a date may be set for a hearing

N

 * no comment** – what you say when you do not want to say anything to police
 * not guilty** – what you say when you deny breaking the law. Also a decision made by the court

O
宣誓——以你宗教信仰之名宣誓你所说的为事实
 * oath** – where you swear in the name of your religious beliefs to tell the truth
 * offence** – an offence is something the law says is wrong

P
警方检控官—— 原告——在刑事案件的审理中，提供案件控告违反刑事法律的被告人的律师 plantiff - is the party who makes the claim 原告——
 * parenting plan** – a written agreement between parties setting out parenting arrangements for children
 * party** – a person or legal entity (for example, a bank) involved in a case
 * perpetrator** – a person who breaks the law
 * plea** – your response in court to the charge. You can plead guilty or not guilty
 * police brief** – a document that contains evidence the police use to prove their case
 * police case** – what the police say about what happened and why they charged you
 * police prosecutor** – a police officer who presents all the 'police cases' in court
 * police summary** – what the police say happened
 * precedent** – a court decision that is used as an example or reason for later decisions
 * priors** – your criminal record
 * privilege** – a legal rule that says confidential information that you have given to or received from your lawyer cannot be used in court
 * prosecutor** – a lawyer who appears in a criminal court case and presents evidence against the person accused of breaking the law

R
被告
 * registrar** – a person who works for the court and who has been given power to do different things
 * respondent** – a party named by an applicant as the other party in a court case
 * revoke** – to cancel something, such as a court order

S

 * sentence** – a penalty or outcome you get when a court finds you guilty
 * serve** – the legal delivery of a document
 * sheriff** – a person who carries out sanctions if you do not do what it says in a court order
 * solicitor** – a lawyer who can advise you about the law and represent you in court
 * stalking** – when someone repeatedly contacts another person or behaves in a way that makes them feel scared, distressed or fear for their safety
 * statement** – a written document of what you say about events
 * statutory declaration** – a document that is signed in front of an authorised person, such as a justice of the peace
 * subpoena** – a document that says you must appear in court or give certain documents to the court at the request of the party
 * summary offence** – a less serious offence usually heard in the Magistrates’ Court or Children's Court
 * summons** – a court document that tells you when you must go to court
 * supervised access** – when a parent spends time with a child while another adult is there to make sure the child is safe
 * surety** – a person who promises money or property if you do not meet your bail conditions
 * swear** – when you swear on a Bible, Koran or other religious book that something is true

T

 * traffic offence** – an offence is when you break the law when driving a motor vehicle or using the road
 * transcript** – a record of the spoken evidence in a court case
 * triable summarily** – when an indictable offence can be dealt with by a magistrate in the Magistrates Court instead of a judge and jury in a higher court
 * trial** – a court case in front of a jury
 * trustee** – a person who manages property held in trust for the benefit of another person

U

 * undertaking** – a promise to the court to do or not to do certain things

W

 * warrant** – a court document that says what the police or sheriff can do, such as arrest you or search your house
 * Will** – a legal document setting out who gets part or all of a person’s estate when they die
 * witness** – a person who gives evidence in writing or in person for a court case