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.” Grand jury – A panel of citizens who hear evidence of criminal charges presented by the government and determine whether there are probable reasons to believe the crime was committed. As used in federal criminal cases, “the government” refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. First hearing – judicial proceedings in which the accused becomes aware of his rights and the charges against him and the judge decides on bail. Limitation period – A law that sets the time limit within which parties must take steps to enforce their rights. 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. 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. A district court may grant either party to civil or criminal proceedings the right to expel a number of potential jurors without cause or explanation. 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.
A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention.
Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. 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. Political rights include the power to participate, directly or indirectly, in the establishment or administration of a government, such as the right to citizenship, the right to vote, and the right to hold public office. Case law – The use of court decisions to determine how other laws (e.g., statutes) apply in a particular situation. For example, a trial court may use an earlier Supreme Court decision that presents similar problems. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. The assertion of a claim for payment by a creditor against a debtor or his property.
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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority, a set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. Legal advice; A term that is also used to refer to lawyers in a case. 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. 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.
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. 1) n. a claim to something, whether it be concepts such as justice and due process, or property, or some interest in property, real or personal. These rights include various freedoms, protection against interference with the enjoyment of life and property, civil rights of citizens such as the right to vote and access to courts accepted by civilized societies, human rights to protect peoples throughout the world from terror, torture, barbaric practices and deprivation of civil rights and to enjoy their work. and U.S. constitutional guarantees such as the right to freedom of speech, press, religion, assembly, and petition. 2) adj.
Simple, fair, fair. See: Civil Rights, Marriage Rights) 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 viewed by selecting a letter here: The Legal Ranking of Unsecured Claims of the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. 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. 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. 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 court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. The study of the law and structure of the legal system Bench Trial – trial without jury, in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants sometimes waive the right to a jury trial and choose to go to trial. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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 term used to describe evidence that can be considered by a jury or judge in civil and criminal cases.
An official of the judiciary who has the power to adjudicate complaints before the courts.
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