Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. The study of the law and structure of the legal system Non-bankruptcy procedure in which a plaintiff or creditor attempts to subject the future wages of a debtor to his claim. 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 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. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. French, which means „on the bench“. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges.
Latin, which means „of one`s own will“. Often designates a court acting in a case without either party asking for it. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Latin, which means „in law“. Something that exists by law. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. To define a legal term, enter a word or phrase below. 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. 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 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. 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.
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. 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.“ Latin, which means „for the court“. In appellate courts, it often refers to an unsigned opinion. 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, 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. A series of questions that the debtor must answer in writing, regarding sources of income, transfers of ownership, lawsuits by creditors, etc. (There is an official form that a debtor must use.) A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors. Latin for „friend of the court“. This is counsel formally offered to the court in a pleading filed by an entity interested in the case but not by a party to it. Opposition by a trustee or creditor against the debtor`s exemption from personal liability for certain excusable claims. Common reasons are allegations that the debt to be settled arose under false pretenses or that the debt arose from the debtor`s fraud in the course of his trustee activity. A federal offense punishable by six months or less in jail.
A claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a „proceeding“ that takes place in the context of insolvency proceedings. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. A serious crime that is usually punishable by at least one year in prison. On vocations; A court of appeal has the power to review the judgment of a lower court (court of first instance). For example, U.S. courts of appeals review decisions in U.S.
District Courts. A pre-trial motion requiring the court to prohibit the other party from presenting or even referring to evidence deemed so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. 1. On appeal, a panel of judges (usually three) to decide the case; 2. In the jury selection process, the pool of potential jurors; 3. A list of lawyers who are both available and qualified to act as public defenders for criminal accused who cannot afford their own lawyer. Order to a witness to appear and produce documents. A secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor. Not the subject of a court decision because the controversy did not actually arise or end The formal written statement of a defendant in a civil case that responds to a complaint and articulates the reasons for the defense. A special condition imposed by the court requires a person to work – without pay – for a civil or non-profit organization. The chapter of the Bankruptcy Act that provides for the adjustment of the debts of a person with a regular income is often referred to as the „employees“ plan.
Chapter 13 allows a debtor to keep their assets and use their disposable income to pay off debts over time, usually three to five years. A litigant`s application to a judge to rule on an issue related to the case. A federal judge appointed for life, during „good conduct“, according to Article III of the Constitution. The judges referred to in Article III shall be appointed by the President and confirmed by the Senate. A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) A group of people chosen to hear evidence in a trial and pass judgment on the facts.