Appointment Procedures – About Appointments; An appellate court has the power to review the judgment of another lower court. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. pro se – Latin term meaning “in one`s own name”; In the courts, these are people who present their own case without a lawyer. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. The geographical area in which a court has jurisdiction. A change of location is a change or transfer of a case from one judicial district to another. Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. A claim for which no specific value has been determined. The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or a “family fisherman”, as defined in the Bankruptcy Code.
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. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if U.S. trustees or receivers have determined that there are not enough licensed credit counselling centres available to provide the necessary advice. 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. 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. tort – Civil injustice or breach of an obligation to another person as established by law. A very common tort is the negligent driving of a motor vehicle, which results in property damage and bodily injury in a car accident. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. 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.
Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place. Often referred to as TRO. 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. 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. 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). 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. 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.” A claim that may be owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. legal advice; A term also used to refer to lawyers in a case. 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. 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. Common Law – The legal system that originated in England and is now used in the United States.
It is based on court decisions and not on laws adopted by the legislator. 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. 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. 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. Hearsay – testimony from a witness who did not see or hear the incident in question, but learned about it through second-hand information such as someone else`s testimony, a newspaper or a document.