Attend Legal Term

Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. Case Law – Using court decisions to determine how other laws (e.g., laws) should be applied in a particular situation. For example, a court of first instance may use an earlier Supreme Court decision that presents similar problems. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. With regard to civil actions in “justice” and not in “law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S.

jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. see dire – The process by which judges and lawyers select a small jury from among those who have the right to serve by questioning them to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “To see said” is an expression that means “to tell the truth”. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge.

A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. Jurisdiction – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time. Some issues may be heard in state and federal courts. The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2.

The geographical area in which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system in which sentencing is determined by sentencing guidelines. Now, without the possibility of probation, the prison sentence imposed by the court is the real time that the person spends in prison. 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 be best accessed by selecting a letter here: The Chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or “family fisherman” as the terms are defined in the Bankruptcy Code. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether the filing of an individual debtor under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. A function of the federal courts that takes place at the beginning of the criminal justice trial – after a person has been arrested and charged with a federal crime and before being tried.

Pre-trial officials are focusing on investigating the backgrounds of these individuals to help the court decide whether to release or detain them pending trial. The decision is based on whether these people are likely to flee or pose a threat to the community. When the court orders release, an investigative officer supervises the person in the community until they return to court. A report prepared by a court probation officer after a person has been convicted of a crime, which summarizes for the court the basic information needed to determine the appropriate sentence. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means “appealing” or “appealing”. The person appealing is called a “complainant”; the other part is the “Appealee”. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. 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 for which the court has jurisdiction to rule on cases. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. A group of 16 to 23 citizens who listen to evidence of criminal charges presented by prosecutors and determine if there is a probable reason to believe that a person has committed a crime.

See also Indictment and United States Prosecutor. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group information session” of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the “Personal Finance Management Course” in Chapters 7 and 13, which an individual debtor must complete before a release is registered.