WordNet

maintain or assert; "He contended that Communism had no future" (同)postulate
be engaged in a fight; carry on a fight; "the tribesmen fought each other"; "Siblings are always fighting"; "Militant groups are contending for control of the country" (同)fight, struggle
assert or affirm strongly; state to be true or existing; "He claimed that he killed the burglar"
demand for something as rightful or due; "they struck in support of their claim for a shorter work day"
an informal right to something; "his claim on her attentions"; "his title to fame" (同)title
an assertion of a right (as to money or property); "his claim asked for damages"
an assertion that something is true or factual; "his claim that he was innocent"; "evidence contradicted the governments claims"
demand as being ones due or property; assert ones right or title to; "He claimed his suitcases at the airline counter"; "Mr. Smith claims special tax exemptions because he is a foreign resident" (同)lay claim, arrogate
lay claim to; as of an idea; "She took credit for the whole idea" (同)take
take as an undesirable consequence of some event or state of affairs; "the accident claimed three lives"; "The hard work took its toll on her" (同)take, exact
ask for legally or make a legal claim to, as of debts, for example; "They claimed on the maximum allowable amount"
present reasons and arguments (同)reason
have an argument about something (同)contend, debate, fence
give evidence of; "The evidence argues for your claim"; "The results indicate the need for more work" (同)indicate
coming into conflict with (同)contravention
a disagreement or argument about something important; "he had a dispute with his wife"; "there were irreconcilable differences"; "the familiar conflict between Republicans and Democrats" (同)difference, difference of opinion, conflict
be emphatic or resolute and refuse to budge; "I must insist!" (同)take a firm stand
assert to be true; "The letter asserts a free society" (同)assert
statements affirming or denying certain matters of fact that you are prepared to prove (同)allegement
(law) a formal accusation against somebody (often in a court of law); "an allegation of malpractice"
(law) an answer of `no contest by a defendant who does not admit guilt but that subjects him to conviction (同)non vult

PrepTutorEJDIC

(…のことで…と)『争う』(compete),戦う《+『against』(『with』)+『名』+『for』(『about』)+『名』》 / (…について…と)論争する《+『against』(『with』)+『名』〈人〉+『about』『against, for』)+『名』〈事〉》
〈人が〉(当然の権利として)…'を'『要求する』,『請求する』,'を'自分の物だと主張する;(…から)…'を'要求する《+『名』+『from』+『名』》 / 〈人が〉…‘と'『主張する』,断言する / 〈物事が〉…'を'品要とする,‘に'値する / (…に対して…の)権利を主張する《+on(for)+名+against+名》 / 〈C〉(…に対する)(当然の)『要求』,請求《+for(to)+名》 / 〈C〉主張,断言,公言 / 〈U〉(物事を)要求する権利(資格),請求権《+『to』+『名』〈物事〉》;(人に)要求する権利《+『on』+『名』〈人〉》 / 〈C〉請求物;(特に入植者に与えられる)一区画の土地;(鉱業権などの設定された)払い下げ精求地
(人と…について)『議論する』,論争する,言い争う《+『with』+『名』〈人〉+『about』(『on, over』)+『名』》 / (…に賛成・反対して)論じる,主張する《+『for』(『in favor of, against』)+『名』》 / …'を'『議論する』,論じる / (…するように)〈人〉'を'『説得する』,説き伏せる《+『名』〈人〉+『into』+『名』(do『ing』)》,(…しないように)〈人〉'を'説得する《+『名』〈人〉+『out of』+『名』》 / 〈物事が〉…'を'示す,表す(show)
…‘を'『議論する』,討議する / …‘に'反論する,異議を唱える / (…と)…‘を'めぐって争う,抗争する《+『名』+『with』+『名』》 / (人と…について)『議論する』,論争する《+『with』(『against』)+『名』〈人〉+『over』(『on,about,as to』)+『名』(『wh-節・句』)》 / 『論争』;口論,けんか
…‘と'『強く要求する』 / …‘と'『主張する』 / 強く要求する《+『on』(『upon』)+『名』(a person['s]do『ing』)》 / (…を)『主張する』《+『on』(『upon』)+『名』》
(十分な証拠を持たない)主張,申し立て
(特にスポーツで,賞を争う)競技者《+『for』+『名』》

Wikipedia preview

出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/10/13 14:09:51」(JST)

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[Wiki en表示]

Nolo contendere is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.^[1] In many jurisdictions a plea of nolo contendere is not a right, and carries various restrictions on its use.

United States

In the United States, State law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure only allow a nolo contendere plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the effective administration of justice."^[2]

Residual effects

A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a nolo contendere plea may not be required to allocute the charges. This means that a nolo contendere conviction typically may not be used to establish either negligence per se, malice, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.^[3]

Under the Federal Rules of Evidence,^[3]^[4] and most state rules which parallel them, nolo contendere pleas may not be used to defeat the hearsay prohibition if offered as an "admission by [a] party-opponent".^[5] Assuming the appropriate gravity of the charge, and all other things being equal, a guilty plea to the same charge would cause the reverse effect: An opponent at trial could introduce the plea, over a hearsay objection, as evidence to establish a certain fact.^[4]

Alaska

In Alaska, a criminal conviction based on a nolo contendere plea may be used against the defendant in future civil actions. The Alaska Supreme Court ruled in 2006 that a "conviction based on a no contest plea will collaterally estop the criminal defendant from denying any element in a subsequent civil action against him that was necessarily established by the conviction, as long as the prior conviction was for a serious criminal offense and the defendant in fact had the opportunity for a full and fair hearing".^[6]^[7]

California

In California, a nolo contendere plea is known as a West plea after a seminal case involving plea bargains, People v. West (1970) 3 Cal.3d 595. The state Board of Pharmacy considers a plea of nolo contendere to be deemed a conviction with regard to issuing licenses for pharmacies, pharmacists and drug wholesalers.

Florida

In Florida, the Supreme Court held in 2005 that no-contest convictions may be treated as prior convictions for the purposes of future sentencing.^[8]

Texas

In Texas, the right to appeal the results of a plea bargain taken from a plea of nolo contendere is highly restricted, as is the right to appeal from a plea of "guilty". Defendants who have entered a plea of nolo contendere may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.^[9]

Virginia

Virginia deviates from the federal evidentiary rule in that a nolo contendere plea entered in a criminal case is admissible in a related civil proceeding (citation needed)

Other countries

In the Commonwealth countries—such as England, Canada and Australia—the plea of nolo contendere is not permitted. The defendant must enter a plea of "guilty" or "not guilty". If a defendant refuses to enter a plea, the court will record a plea of "not guilty".^[10]

References

^ Stephano Bibas (July 2003). "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo contendere Pleas". Cornell Law Review 88 (6). Retrieved May 10, 2007.
^ http://www.law.cornell.edu/rules/frcrmp/Rule11.htm
^ ^a ^b Legal Information Institute. "United States Federal Rules of Evidence, Rule 410(2)". Cornell Law School. Retrieved April 22, 2010.
^ ^a ^b Legal Information Institute. "United States Federal Rules of Evidence, Rule 803(22)". Cornell Law School. Retrieved April 22, 2010.
^ Legal Information Institute. "United States Federal Rules of Evidence, Rule 801(d)(2)". Cornell Law School. Retrieved April 22, 2010.
^ "Drunk driver who pled no contest can't relitigate issue of recklessness",All Business, December 18, 2006, retrieved April 22, 2010
^ "Lamb v. Anderson No. 6078 (S-11936), P3d 736". Alaska Supreme Court. November 17, 2006.
^ "Sheldon Montgomery vs. Florida" (PDF). Florida Supreme Court. March 17, 2005.
^ "Texas Rules of Appellate Procedure, Rule 25.2(a)" (PDF). Supreme Court of Texas. Retrieved April 16, 2014.
^ David J. Wills (2007). "Different State jurisdictions govern the plea process through their own legislation" (PDF). Division 3 Sections 146 146A.

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