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. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. 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. 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 judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority Suit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal duty that caused prejudice to the plaintiff. 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. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct.
To make such a request is to „appeal” or „to appeal”. The one who appeals is called a „complainant”; The other party is the „appellant”. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. Chapter of the Insolvency Code that provides for „liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a „means test”.
The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. 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. Contracts or leases where both parties still have obligations to perform. If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A claim for which no specific value has been determined.
A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. 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. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. 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. The Legal Classification of Unsecured Claims in 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 jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. 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. 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. 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.
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 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. 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.” Generally refers to two events in individual bankruptcy cases: (1) the „individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the „Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered.