Civil law: 1) An umbrella term for any non-criminal law, usually for the settlement of disputes between persons or entities. 2) A set of laws and legal concepts derived from Roman law instead of English common law. (English common law is the foundation of state legal systems in the United States, with the exception of Louisiana.) demurrer (dee-muhr-your): A formal response to a lawsuit filed in a lawsuit arguing for dismissal and actually stating that even if the facts are true, there is no legal basis for a prosecution. This may be, for example, a necessary factual missing or an unclear complaint. The judge can accept and “authorize the amendment,” which gives the plaintiff the opportunity to change the complaint. If it is not modified to the satisfaction of the judge, demurrage is granted. (Some states use a motion to dismiss.) The legal principle of determining the points in the dispute according to case law. You`ve probably heard the metaphor “Everything is Greek to me” when someone doesn`t understand a topic or situation or is completely baffled. The law is “Greek” to many people: it is often misunderstood and legal terminology is misused by most people. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. All shares of ownership of the debtor at the time of bankruptcy.
The estate technically becomes the temporary legal owner of all of the debtor`s assets. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. A mandate contract is a contract between a lawyer and his client(s). It must express all the terms of the lawyer/client relationship, including the client`s financial obligations. A down payment is the amount of money a client must pay before a lawyer starts working on the case. Based on the advance agreement, if the advance is exhausted, the lawyer may request a replenished advance or allow the client to make monthly payments. 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. Title search: A review of public records to determine the status of a title and confirm that the seller of a property is the rightful owner. A cloud on title such as a lien, an unregistered owner or different property descriptions on previous deeds can be a reason to cancel the purchase of a property. 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. A lawyer is a smith of words. As a law student and lawyer, you are expected to be an expert in legal language. You`ll start learning important legal terms and words as early as Day 1 at Law School. Law school substantive legal drafts, such as those provided by Fleming`s Fundamentals of Law, can help you learn legal terms relevant to any course you take at law school. Black`s Law Dictionary is also a great resource for law students and lawyers when it comes to understanding and understanding legal terms. 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.
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. The Bluebook: A Uniform System of Citation is a book published by Harvard Law Review. The book specifies abbreviations and citation rules for legal documents.
Most law schools require students to follow the Blue Book, and most courts require lawyers to follow the Blue Book, or at least use the Blue Book by default, if local rules are silent. Offence: According to the French word for “evil” is a tortious or illegal act, whether intentional or accidental, which causes harm to others. An intentional offence can also be a crime, such as assault, fraud or theft. Tort law is one of the largest areas of civil law. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act. Abbreviation for “alternative dispute resolution”, which refers to the resolution of disputes by means other than judicial proceedings. The 2 most common forms are arbitration and mediation. 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. The formal and technical language of legal documents. However, by moving away from emotions and taking the time to understand what she was telling me, I realized that writing legally is not the same as throwing legal language to impress.
What she really said was that there is no point in making a legal salad of words. Words have meaning. They must be carefully selected and then used correctly. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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.” 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. With respect 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. Latin term meaning “against or about a thing” and refers to a lawsuit or other legal dispute relating to a property. Misconduct: Doing something illegal or morally wrong.
Misconduct includes dishonesty and abuse of power. 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. 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 accessed by selecting a letter here: an objection that expresses the point that even if the facts stated are true, their legal consequences do not require the action to continue. An existing opinion, usually published, which, on the basis of similar facts and legal issues, serves to guide a court in the case pending before it. 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. 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.
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