Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. The study of the law and the structure of the legal system in relation to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S.
jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Read instantly in your browser with Kindle Cloud Reader. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. To define a legal term, enter a word or phrase below. Test your knowledge in various areas of legal practice. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.
A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Download the free Kindle app and instantly read Kindle books on your smartphone, tablet, or computer, no Kindle device required. Read more All the debtor`s interests in real estate at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Jurisdiction – (1) The legal authority of a court to hear and decide a case.
Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Is the bar your calling? Or are you more suited to a law firm environment? Find out if the lawyer path is right for you.
Criminal or commercial? Human rights or the media? Find out which area of law best suits your personality. Use your phone`s camera – scan the code below and download the Kindle app. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Legal terminology can sometimes be confusing, especially when there are many technical or Latin phrases. Take our quiz to discover the quality of your legal vocabulary! The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can best be accessed by selecting a letter here: written statements submitted to the court outlining a party`s legal or factual claims on the case.
A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. A written statement describing why a debtor owes money to a creditor, usually indicating the amount of money owed. (There is an official form for this.) An allegation in an indictment or information accusing an accused of a crime. An indictment or denunciation may contain allegations that the defendant committed more than one crime. Each charge is called an indictment. A fraudulent transfer of a debtor`s assets or for which the debtor receives less than the value of the transferred assets. vice versa – When an appellate court overturns a lower court`s decision due to an error. Overthrow is often followed by pre-trial detention.
For example, if the defendant has argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case is withdrawn so that the trial court can reconsider the case without that evidence. Arrest warrant – A written order ordering the arrest of a party. Arrest warrants are issued by a judge after a probable reason has been proven. An individual, an individual and the individual`s spouse, a corporation or partnership that operates a farm that meets certain debt limits and other legal criteria to apply under Chapter 12. uphold – The decision of an appellate court not to overturn a decision of a lower court. Also called “confirmation” of conviction – A guilty verdict against a criminal accused. Pre-trial hearing – A hearing in which the judge decides if there is enough evidence to bring the accused to justice. Pre-negotiations do not require the same rules as court proceedings. For example, hearsay is often admissible during the preliminary hearing, but not at the main hearing. Latin, which means “for the court”.
In appellate courts, it often refers to an unsigned opinion. The informal name of Title 11 of the United States Code (11 U.S.C. §§ 101-1330), the Federal Bankruptcy Act. Default Judgment – A judgment rendered because the defendant did not respond or did not appear. Plea – In criminal proceedings, the defendant pleads “guilty” or “not guilty” in open court. An objection from Nolo Contendere or an Alford objection may also be raised. An admission of guilt allows the accused to waive a trial. A litigant`s application to a judge to rule on an issue related to the case.