词汇 | Silence |
释义 | `1`Silence `2` "Legal Lexicon": SILENCE - The state of a person who does not speak, or of one who refrains from speaking. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent. But no assent will be inferred from a man's silence, unless, 1st. He knows his rights and knows what he is doing and, 2d. His silence is voluntary. When any person is accused of a crime, or charged with any fact, and he does not deny it, in general, the presumption is very strong that the charge is correct. The rule does not extend to the silence of a prisoner, when on his exanination before a magistrate he is charged by another prisoner with having joined him in the commission of an offence. When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence, and kissing the book. The person to be affected by the silence must be one not disqualified to act as non compos, an infant, or the like, for even the express promise of such a person would not bind him to the performance of any contract. The rule of the civil law is that silence is not an acknowledgment or denial in every case, qui tacet, non utique fatetur: sed tamen verum est, eum non negaro. --b-- |
随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条,基本涵盖了全部常用法律英语单词的释义及例句,是法律专业英语学习的有利工具。