Case law – The study of the law and the structure of the legal system. 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. 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. 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. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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.
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. 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 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. 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.
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. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. 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 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 accessed by selecting a letter here: Turn State`s Evidence (also known as „Turn King`s Evidence”) or „Flip” means that the defendant has chosen to disclose valuable evidence to the prosecutor in exchange for a reduction in the charge or the dismissal of certain charges.
If the accused „turns around”, he would have „turned the evidence of the state”. 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 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. 1) v. apply to a higher court to set aside the decision of a court of first instance following a final judgment or other judicial decision. Once the judgment of the lower court is recorded in the minutes, the losing party (appellant) must file a notice of appeal, request copies or other documents from the court of first instance (or agree with the other party on a „joint statement”), file pleadings with the Court of Appeal citing legal grounds to set aside the judgment, and show how these grounds (usually other appellate decisions, called „precedents”) relate to the facts of the case. No new evidence is admitted on appeal because it is a purely legal argument. The other party (respondent or appellant) usually files a pleading challenging these arguments.
The applicant may then reply that reply by means of a final pleading. If either party so wishes, it will then hear the case before the Court of Appeal, which may confirm, reverse, return to the court of first instance or partially reverse and confirm the original judgment. For state cases, there are supreme courts (called courts of appeals in New York and Maryland), which are the highest courts of appeal, and most states also have lower courts of appeal. For federal cases, there are federal appellate courts in ten different „counties,” and above them is the Supreme Court, which selectively hears only a few high-level appeals. 2) n. the name of the appeal, as in „He appealed”. Action – An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, resulting in prejudice to the plaintiff. 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. Court – 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.” 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. Jury indictment – judge`s instructions to the jury regarding the law applicable to the facts of the trial. Testimony – evidence presented orally by witnesses during the trial or before grand juries. Approval of a restructuring plan by an insolvency judge. An action that prevents the subsequent filing of an identical action. A person who has filed an application for discharge under the Insolvency Act. Conviction – A guilty verdict against an accused. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. Summary Judgment – A decision made on the basis of statements and evidence presented without trial.
It is used when the facts are not disputed and a party is entitled to a judgment under the law. Exhibit – Physical evidence or documents presented in legal proceedings. Common exhibits include contracts, weapons, and photographs. Is not subject to a court decision because the controversy did not actually arise or end A district court bailiff who conducts initial proceedings in criminal cases, decides on criminal cases, conducts many preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. Counterclaim – A claim made by a defendant against a plaintiff.