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. Latin, which means „in law“. Something that exists by law. Any act that embarrasses, obstructs or obstructs the court or diminishes the authority or dignity of the court; may result in civil or criminal penalties. There are two kinds of contempt; directly and indirectly. Direct contempt is that committed in the immediate presence of the court; and indirectly is the term used mainly in connection with non-compliance or refusal to comply with a legal order. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. An offence less serious than a felony and punishable by a fine or imprisonment for up to one year, or both. The categories of offences and concepts are as follows: for a category A offence, a period not exceeding one year; in the case of a class B administrative offence, a maximum period of six months; and for a class C administrative offence, a maximum period of fifteen days.
A crime of a more serious nature than a misdemeanor. In general, an offence may be punishable by death or imprisonment for more than one year. The categories of offences and permissible penalties are as follows: for Class A crimes, imprisonment for a term of not less than ten years and not more than thirty years, or life imprisonment; for Class B offences, a term of not less than five years and not more than fifteen years; for Class C offences, a maximum period of seven years; for a Class D felony, a maximum period of five years. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. The verdict in a criminal offence following a verdict or admission of guilt indicating the sentence to be imposed. As a general rule, a police search of a person or place is not authorized by law to find evidence, stolen property, weapons, etc. 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.
Are you a lawyer? Visit our professional website » The court`s inquiry into whether there is a legal reason not to impose a penalty. 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 person who, because he or she is not interested in the parties to a case, is appointed by the court to preserve the property or funds disputed in the case. This procedure is followed because it is not reasonable for either party to own the property. Legal proceedings brought by one person against another to obtain redress for a violation or enforcement of a right. The term „pursuit“ is rarely applied to law enforcement. Latin, which means „for the court“. In appellate courts, it often refers to an unsigned opinion.
Middle English folwen, Old English folgian, fylgian, fylgan“ to accompany (especially as students), go in the same direction as; follow, pursue, go in the same direction“, also „obey (a rule or a law), adapt, act in accordance with; to devote oneself (to a practice, profession or vocation)“, from Proto-Germanic *fulg- (source also of Old Saxon folgon, Old Frisian folgia, Middle Dutch Volghen, Dutch volgen, Old High German following, Next German, Old Norse fylgja „to follow“). Probably originally a connection, *full-gan, with a sense of „full-going“, the meaning then changes to „serve, go as a servant“ (compare accomplish). Related: Persecuted; Next. The meaning of „accept as leader or leader, obey or be submissive“ was in Old late English. The meaning of „coming after in time“ dates back to about 1200; The meaning of „resulting from“ (as an effect of cause) dates back to about 1200. The meaning „mentally keep up, understand“ dates back to the 1690s. The intransitive meaning „to go or come behind“ dates back to the mid-13th century. To follow the nose, „go straight“ was first attested in the 1590s. „The full sentence is, `Follow your nose, and you`re sure to walk straight.` [Farmer].
The children`s game follow my leader is attested to this name from 1812 (as follows the guide of 1896). 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. 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 person or company who posts a bond in a criminal case to ensure the performance of the client (defendant) in his appearance in court, compliance with probation conditions, etc. For further negotiation or investigation. Bind Over usually refers to the act in which an accused is tried after a preliminary hearing in a criminal case.
Dissolution of marriage; Divorce; does not include cancellation of the cancellation. A new hearing or the reopening of all matters before another chamber of the same district court (court of first instance) following a hearing before a judge of the division who has the original jurisdiction to hear and decide the issues first. The right to a de novo trial in Missouri is generally limited to cases heard without a jury by the circuit`s associate circuit division. 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. Abbreviation of and sequentes or and sequentia, which means „and what follows“. prose – Latin term meaning „on one`s own account“; In the courts, these are people who present their own cases without a lawyer. A file containing pleadings, judgment, motions, judgment and other documents of a dispute. Legal acts must be compiled by the plaintiff and submitted for appeal to the Court of Appeal.
A legal theory and action based on the misappropriation of the plaintiff`s personal property by a defendant for his own benefit. Latin, which means „new“. A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. Study of the law and structure of the legal system A 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 jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. The union of two or more persons in the context of legal proceedings. 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. Parole, usually under the supervision of a probation officer, is a prisoner who has served part of the sentence for which he or she was convicted.
The probationary period may be revoked if the conditions set out in the probation order are not met. In criminal law, pre-trial negotiations between the defence and the prosecution in order to reach a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a lesser offence, or to plead guilty to one or more charges, but to release others, or the prosecutor may agree to recommend a particular sentence. The terms of a negotiated plea must be set out in open court and are only effective if approved by the trial judge. 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.