Judicial Appraiser (司法鉴定人) key terms
Judicial Appraiser (司法鉴定人) · Get comfortable with the vocabulary.
- Legal capacity
A legally defined ability relevant to a person's acts, distinguished from assuming that every person can undertake every transaction in the same way.
- Representation
Acting for another person within the relevant authority, whose scope and limits must be distinguished from the representative personal preferences.
- Jurisdiction
The authority of a body to deal with a matter under the applicable subject, territorial and procedural rules.
- Substantive right
A legally recognized claim, power or interest considered separately from the procedure used to seek its protection or enforcement.
- Procedural condition
A requirement affecting the availability or conduct of a process, rather than automatically proving every underlying factual allegation.
- Burden of proof
The allocation of responsibility for establishing relevant facts under the applicable framework and type of proceeding.
- Public instrument
A document with the evidentiary character supplied by applicable law, whose effect should not be extended beyond what it actually establishes.
- Notarial deed
A notarial instrument meeting applicable requirements, distinguished from an ordinary private document or a guarantee about every underlying commercial prediction.
- Succession
The legal transition concerning a deceased person's estate, requiring attention to the relevant persons, acts and applicable framework.
- Security interest
A legally defined interest supporting a claim against an asset under its conditions, rather than ownership of every debtor resource.
- Inability to pay
An insolvency concept concerning the relevant due obligations and payment conditions, distinguished from a profit decline alone.
- Over-indebtedness
A defined insolvency concept involving the relation of liabilities and assets under the applicable scope, not a synonym for every cash shortage.
- Confidentiality
A professional duty protecting entrusted information under its applicable scope and exceptions, rather than a convenience controlled solely by personal preference.
- Conflict of interest
A situation involving competing interests relevant to independent professional judgment, requiring examination of the actual conditions and permissible response.
- Entrusted funds
Money held for another under a defined purpose or arrangement, distinguished from funds already earned and freely available for office expenses.
- Contractual remuneration
Payment based on a relevant agreement, whose scope and amount are distinguished from a tariff or court-cost calculation.
- Personal performance
A professional-responsibility principle whose exact implications depend on the regulated activity and applicable framework, not an unlimited delegation permission.
- Interpreting act
An act conveying meaning in the relevant interpreting setting, distinguished from written translation and deciding the underlying legal dispute.
- Translation act
A written language act whose source, content and professional requirements need clear identification rather than a seal alone.
- Expert findings
The observations and material results recorded in specialist work, distinguished from the assessment and final legal judgment.
- Expert reasoning
The explanation connecting specialist methods, evidence and assumptions with a conclusion so the work can be reviewed.
- Tax base
The amount determined under the relevant tax rules before applying a rate, which need not equal cash receipts or accounting profit.
- Accounting adjustment
A justified change connecting records with the relevant reporting or tax basis, distinguished from inventing an amount to force a desired result.