CONTRACTS, TORTS, FAMILY LAW, CIVIL PROCEDURE

act of God – višja sila/ force majure

unpreventable event caused by forces of nature

assignment – prenos pravic

the transfer of rights or property

bad debt – neizterljiv dolg

an uncollectible debt.

Bailment- depozit, kavcija, dajanje v hrambo

the act of placing property in the custody(čuvanje) and control of another, usually by
agreement in which the holder is responsible for the safekeeping and return of the
proprety

beneficiary - upravičenec
one isignated to receve something as result of a legal agreement or instrument

bill of lading – transportni list, tovarni list (ni vrednostni list, potrjuje samo
prevzem)
a document that indicates the receipt of goods for shipment written by the shipper.

bona fide = good faith – dobrovernost (dobra vera in poštenje, estnost in

poštenje)
it signifies honesty, in the case of a party claiming title as bona fide purchaser or
holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on
the right to hold title.

breach of contract – kršitev pogodbe

failing to complete the requirements of a contract.

burden proof – dokazno breme (dolžnost stranke da dokaže sporne trditve)

a party's duty to prove a charge.

cancel = odpoved (pogodbe)

to annul, terminate a document.
Cause (ground) of action – pravni temelj za tožbo, pravna podlaga za tožbo
group of operative facts giving rise to sue.

caveat emptor – izključitev odgovornosti prodajalca

»buyer beware« Buyer buys at his own risk. Duty to check goods.

claim – zahtevek
the asseration of an existing right.

class action – kolektivna, organizirana tožba

a lawsuit in witch a single person or a small group represents a larger group.

compensatory damages – odškodnina za nastalo škodo/ materialna, dejanska

škoda
payment of damages for actual injury or economic loss.

compromise = poravnava (obe stranki malo popustijo)

an agreement between two or more parties to settle matters in dispute bitwin them.

condition – pogoj
an act cuertain or event that triggers or negates a duty to render promise.

consideration – razlog pogodbe, kavza pogodbe

a essential reason for a party entering into a contract and must be bargained.

contract – pogodba
an agreement between two or more people to do or not to do something.

conveyance – prenos pravic

the volontery transfer of rights or property from one party to another.

counter offer – nasprotna ponudba

an offeree's new offer that rejects an original offer.

creditor – kreditodajalec
a person or entity to whom a debt is owed

damages – odškodnine
money claimed to be paid to a person for loss or injury.

debt – dolg
money owed

declaratory judgment – deklaratorna sodba

a judgment of a court that establishes the rights or relations.

degree of kinship – sorodstvene stopnje

the level relationship between two persons related by blood

deed – oblične pogodbe (vrsta formalne pogodbe)

the written document by which land is convayed.

default – zamuda pri izpolnitvi plačila

the failure to make a payment when due

disclaimer – odpoved pravici/ razrešitev odgovornosti

renunciatin by someone of his title to property

goodwill – reputacija, dobro ime, dober glas

having a good reputation

gross negligence – velika malomarnost

failure to actively take the care one would of his/her own proprety

heir – dedič
one who acquires proprety upon the death of another

implied contract – domnevna pogodba

a contract that the partys prosumably intended, by tacit understanding or assumption
that it existed.
implied warranty – garancija (za delovanje izdelka)
a promise in a contract that products work and are usable as normally expected by
costumers.

incapacity – delovna nezmožnost

the inabillity of an injured workwr to perform a job of lack of legal knowledge due to
age or mental status.

irreparable damage or injury – nepopravljive poškodbe

the type of harm which no monetary compensation can cure or put conditions back the
way they were

joint liability (odgovornost, breme) – solidarna odgovornost

when two or more persons are both responsible for a debt, claim or judgment

landlord and tenant – najemodajalec in najemnik = renter

the area of law concentrating relationship between lessor and lesee.

latent defect – skrita napaka (prodajalec za njo ve)

a hidden flaw which a seller knows about, but the buyer cannot discover by reasonable
inspection

lawsuit – tožba
a common term for a legal action by one person or entity against another to be
decided in a court of law

lease – najemna pogodba za določen čas in period. plačila

a written agreement in which the owner of proprety allows use of the proprety for a
specified period of time and payment

lessee – najemnik
the person renting proprety under a written lease from the owner

letter for credit – dokumentarni akreditiv

a document issued by a bank guaranteeing to provide a customer a line of credit for
money of security for a loan
liability – civilno pravna odgovornost
means legal responsibility for one's acts

litigation – civilna pravda

any lawsuit or other resort to the courts to determine a legal question or matter

maturity – zapadlost
the date when the payment of the principal amount owed becomes due

meeting of the minds – soglasje pogodbenih strank

when two parties to an agreement, both have the same understanding of the terns of
the agreement

mistake – pravna napaka

an error when the parties to a contract did not mean the same thing.

mutual – obojestranski, vzajemni

referring to anything in which both parties have reciprocal right, understanding or
agreement

natural person – fizična oseba

a real human being, (as distinguished from a corporation an artificial person created by
law).

negligence – malomarnost
lack of proper care to do a duty properly

notary public – notar

a person authorized by the state who certifies legal documents

novation – novacija (nova pogodba nadomesti in razveljavi staro)

agreement of parties to a contract to substitute a new contract for the old one. It
cancels the old agreement

obligee – upravičenec iz nalova dolga

the person of entity to whom an obligation is owed, like the one to be paid on a
promissory note

obligor – dolžnik
the person or entity who owes an obligation to another, as one who must pay on
prosissory note

officious intermedler – poslovodstvo brez naročila

a person who volontary transfers a benefit on another without legal duty to do so.

oral contract – ustna pogodba

a contract spken not written or just partiali in written.

party – stranka
one who takes part in legal actions as lawsuit, contract.

plaintiff – tožnik
the party who brings acivil suit in a cort of law

power of attorney – pooblastilo

a written document granting someone autority to act as an agent or attorney for the
grantor.

preemptive right – predkupna pravica

a shareholders right to newly issued stock before the shares are offered to the public.

product liability (odgovornost) – producenska odgovornost

responsibility of an manufacturer or seler to deliver goods without defects.

quasi contract – pogodba kot da bi bila, ampak je ni

a situation in which there is an obligation as if there was a contract, although the
technical requirements of a contract have not been fulfilled

recoupment – stroški, ki jih je imela obtožena stranka, potroški

a reduction in damages for the defendent
redeem – ponovni odkup
to buy back, as payng the dept for mortgaged realproperty.

remedy – pravno sredstvo

the legal means to achieve justice

renewal – obnova
keeping an existing arrangement in force for an additional period of time

rescission – odstop (pogodbe)

the cancellation of a contract by mutual agreement of the parties

secured transaction = collateral – zavarovana transakcija

proprety pledged as security against a dept.

setoff – pobot (noben popuščaj)

the countabalacing sum owed by the creditor.

standard of care – skrbno ravnanje

prudant care exercised by a person.

statute of limitations – pravilo o zastaranju

maximum time after a claim acoured someone can sue.

subcontractor – proizvajalec
a person or business which has a contract with a contractor to provide some portion of
the work.

tort – odškodninska odgovornost

civil wrong for witch a remedy may be obtained.

unjust enrichment – neopravičena obogatitev

a benefit by chance to enriche, when someone does not have the right.

vendor – prodajalec
a seller, particulary of real proprety
vested – absolutno izključne pravice
to give full title to a proprety to a person

void – ničnost (velja za nazaj, lahko anulira)

anulling a statute, cotract.

vicarious liability – izvedena odgovornost

holding an employer lieble (odgovornega) for emploee's wrongful acts.

waive – odpoved pravicem

to voluntarily give up something or knowingly giving up a legal right

warranty – zagotovila, jamstva

a written statement of good quality of merchandise, clear title to real estate or that a
fact stated in a contract is true

wrongful termination – protipravna odpoved (napr.delovna pogodba)

a right of an employee to sue his/her employer for damages (loss of wage)

PROPRETY LAW
abandoned proprety – zapuščeno premoženje
proprety left behind intentionally and permanently

adverse possession – priposestovanje

a means to gain title to land through obvious occupation of the land.

appraise – cenitev, ovrednotenje

to professionally evaluate the value of proprety

chattel – premičnina
an item of personal proprety which is movable

clear title – mirno uživanje posesti

holding ownership of real proprety without any claims by others
common proprety – skupna lastnina
real proprety owned by ''tenants in common'', who each have an ''undivided interest''
in the entire proprety

easement – služnosti
the right to use real proprety of another for a specific purpose

eminent domain – razlastitev

the power of a governmental entity to take private real estate for public use, with or
without the permission of the owner

encumbrance – bremena
a general term for any claim or lien on a parcel of real proprety

lien – ročna zastava

interest of attachment in another's proprety as security for payment of an obligation

mortage – hipoteka
transef of legal title of a proprety, often land, to another as security for payment of a
debt

offer – ponudba
a specific proposal to enter into an agreement with another

ownership – lastništvo
legal title coupled with exclusive legal right to possession

paramount title – močnejši naslov kot title

a right to real proprety which prevails over any other person's claim of title

proprety tax – premoženjska taksa

an annual governmental tax on real proprety or personal proprety based on a tax rate

possession – imetje
any article, object, asset or proprety which one owns, occupies, holds or has under
control

premises – prostori
in real estate, land and the improvements on it, a building, store, shop, apartment, or
other designated structure

quiet enjoyment – mirno uživanje

the right to enjoy and use premises in peace and without interference

real estate = real proprety – nepremičnine

land, including anything attached to it

tangible proprety – materialna lastnina

proprety other than land that is capable of being touched or left

COMPANY LAW, COMPETITION, INTELLECTUAL PROPRETY,

BANKRUPTCY
agency – zastopstvo
thw relationship of a person who acts on behalf of another person, company, or
government, known as the principal

antitrust law – pravo konkurence

body of law that regulates business activites and markets, especially agreements and
practises that limit competition

articles of incorporation – statut družbe

the basic charter of a corporation which spells out the name, basic purpose,
incorporators, amount and types of stock which may be issued, and any special
characteristics such as being non-profit

balance sheet – bilance, računovodski izkazi

financial statement showing a company's assets, liabilites and equity on a given date
bankruptcy – stečaj
a federal system of statutes and courts which permits persons and business which are
insolvent or face potential insolvency, to place his/her financial affairs under the control
of the bankruptcy court

board of directors – uprava

group of individuals elected by shareholders to make the major decisions of the
company

bond – obveznica
written evidence of debt issued by a company with the terms of payment spelled out

book value – knjigovodska vrednost

the value at witch an esset is caried on a balance sheet.

broker – posrednik
a person who acts as utermedlary for a commission.

bylaws – notranji akti, dokumenti korporacije

document that defines a company's internal organisation

capital assets – kapital družbe

equipment, proprety, and funds owened by a business

collusion – dogovarjanje družb (s namenom prevarati tretji stran)

where two persons enter into a deceitful agreement, usually secret, to defraud and/or
gain an unfair advantage over a third party

depreciation – amortizacija
the actual or theoretical gradual loss of value of an asset through increasing age,
natural wear and tear, or deterioration

derivative action – delničarska tožba

a lawsuit brought by a corporation shareholders against the directors, management
and/or other shareholders of the corporation, for a failure by management
diligence – skrbnosti (standard)
reasonable care or attention to a matter, which is good enough to avoid a claim of
negligence

divestiture – dezinvestiranje
the court-ordered or voluntary giving up of a possession or right, which is a common
result in a antitrust action to prevent monopoly or other restraint of trade

equity – kapital družbe, premoženje

the net value of real proprety

face value – nominalna cena

the original cost of the stock shown on the certificate

fair market value – poštena tržna vrednost

the amount for which proprety would sell on the open market if put up for sale

insider trading – notranje informacije

the use of confidential information about a business gained through employment in a
company or a stock brokerage

limited liability – omejena odgovornost

the maximum amount a person participating in a business can lose or be charged in
case of claims against the company or its bankruptcy

merger – združitev (napr. 2 podjetji)

in corporate law, the joining together of two corporations in which one corporation
tranfers all of this assets to the other, which continues to exist
partnership – partnerstvo
a business enterprise entered into for profit which is owned by more than one person,
each of whom is a ''partner''

patent infringement – kršitev patenta, nepooblaščena uporaba

use a patent without obtaining permission of the owner of the patent by contract,
licence or waiver

pierce of corporate veil – spregled pravne osebnosti

to prove that a corporation exists merely as a completely controlled front for an
individual or management group

quorum – zadostno število (za sejem članov)

the number of people required to be present before a meeting can conduct business

restraint of trade – nedovoljeno omejevanje konkurence

any activity which tends to limit trade

self-dealing – zloraba informacij podjetja za lastno korist

using secret ''inside'' information gained by being an official of a corporation to buy or
sell stock before the information becomes public

trade mark – blagovna znamka

a distinctive design, picture, emblem, logo or wording affixed to goods for sale to
identity

ultra vires – Force Majeure - višja sila

unauthorised, beyond a person's legal power

unfair competition – nefer rivalstvo

wrongful and/or fraudulent business methods to gain an unfair advantage over
competitors

winding up – likvidacija
liquidation the assets of a corporation or parthership

CRIMINAL LAW AND CRIMINAL PROCEDURE

accomplice - sostorilec
someone who assists in the commission of a crime and, unlike a mere accessory, is
usually present or directly aids in the crime
accusation – tožba
charging someone with a crime either by indictment by a Grand Jury

acquit – oprostit
if the jury or judge finds the accused defendant not guilty

admissible evidence – dopuščeni dokazi

evidence which the trial judge finds is useful in helping the trier of fact

appeal – pritožba
to ask a higher court to reverse the decision of a trial court after final judgment or other
legal ruling

beyond a reasonable doubt – kazensko pravni standart (zahtevni izven vsakega

dvoma)
a standart of conviction when the jurors are told that they can only find the defendant
guilty if they are convinced of his/her guilt

bribery – podkupnina
the crime of giving or taking money or some other valuable item in order to influence a
public official in the performance of his/her duties

capital punishment – smrtna kazen

execution (death) for a capital offense

challenge – zahteva po ižločitvi iz porote

the right of each attorney in a jury trial to request that a juror be excused

circumstantial evidence – posredni dokazi

evidence in a trial which is not directly from an eyewitness or participant and requires
some reasoning to prove a fact

corroborating evidence – dodatna okrepitev dokaza

evidence which strengthens or confirms already existing evidence

cross-examination – križno zasliševanje

the opportunity for the attorney to ask questions in court of a witness who has testifield
in a trial on behalf of the opposing party
double jeopardy – prepoved ponovnega sojenja o isti stvari (ne bis in idem)
placing someone on trial a second time for an offense for which he/she had been
previously acquitted

duress – prisila
the use of force, false imprisonment or threats to compel someone to act contrary to
his/her wishes or interests
embezzlement – poneverba
the crime of stealing the funds or proprety of an employer, company or assets held in
trust

exclusionary rule – pravilo izločitve dokazov

the rule that evidence secured by illegal means and in bad faith cannot be introduced
in a criminal trial

felony – zločin, oblika kaznivega dejanja

a crime sufficiently serious to be punishable by death or a term in state or federal
prison

fruit of the poisonous tree – vsi dokazi izhajujoči iz ilegalno pridobljenih

dokazov
the doctrine that evidence discovered due to information found through illegal search
or other unconstitutional means

hearing – zaslišanje, obravnava

any proceeiding before a judge or other magistrate in which evidence and/or argument
is presented to determine some issue of fact or both issues of fact and law

hung jury – tisti, ki se ne more odločiti

jury in a criminal case, in which neither side is able to prevail, it means no unanimous
verdict

indictment – obtožnica
to bring an accusation, where will not find guilt, but only the probability that a crime
was committed

jury trial – pravica do porotnega sojanja

the right, that the case is presented to a jury and the factual questions and the final
judgment are determined by a jury

juvenile delinquent – mladoletni prestopek

a person who is under age, who is found to have committed a crime
larceny – tatvina
the crime of taking the goods of another person without permission

liebel – razžalitev
to publish in print and untruth about another which will do harm to that person or
his/her reputation

malice aforethought – direktni naklep

the conscious intent to cause death or great bodily harm to another person before a
person commits the crime

manslaughter – uboj
the unlawful killing of another person without premeditation or malice aforethought

Miranda warring – Miranda opozorilo (seznanitev s pravicami pred aretacijo)

the ridding of his rights to the person before the time of arest.

mitigating circumstances – olajševalne okoliščine

conditions which do not excuse or justifly criminal conduct but are accepted in deciding
the degree of the offense the prosectutor charges

parole – pogojni odpust

the relesse of a convicted criminal defendant after he/she has completed part of
his/her prison sentence based on determinate conditions

probable cause – utemeljen sum

sufficient reason based upon known facts to belive a crime has been committed

prosecution – sodni pregon

the government attorney trying the case against a person accused of a crime

presumption of innocence – domneva nedolžnosti

a fundamental protection for a person accused of a crime until he/she is find guilt
search warrant – nalog za preiskavo
a written order by a judge which permits to search a specific place or identifies the
persons and any articles intended to be seized
subpena – poziv na pričanje, poziv
an order of the court for a witness to appear at a particular time and place to testifly
and/or produce documents in the control of the witness

white collar crime – gospodarski kriminal

a generic term for crimes involving commercial fraud, swindles and other forms of
dishonest business schemes

CONSTITUTIONAL AND ADMINISTRATIVE LAW

Bill of rights- prvih 10 amandamjev člov. Pravic k ameriški ustavi

the first ten amendments to the federal Constitution demended

Clear and present danger- neposredno preteča nevarnost, razlog da se prepove ena
izmed pravis bill of rights
Limits rights to smb if a situation creates a threat to the public, nation or individual
citizens

Due process of law-pošteno obravnavanje vsakega posameznika

A fundamental principle of fairness in all legal matters

Impeachment- obtožba funkcionarjev ki presegajo svoje pristojnosti

The trying of a public official for charges of illegal acts committed in time of public duty

Privacy- zasebnost
The right to be free, to be let alone

Public domain- javna last

All lands and waters owned by federal, state and local goverments

Public utility- javne službe

Any organization which provides services to the general public, although it may be
privately owned (electric, gas, bus lines)

Zoning- prostorski plan

A system of developing a city or count plan in which various geographic areas are
restricted to certain uses and developement