Latin, which means “in the law.” Something that exists under the law. Latin, which means “you have the body.” A habeas corpus order is usually a court order that requires law enforcement agencies to present a detainee they are detaining and to justify the prisoner`s continued detention. Federal judges receive habeas corpus arrest warrant requests from state prison inmates who claim their state prosecutions violated federally protected rights in some way. In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. French, which means “on the bench”. All judges of an appeals court sit together to hear a case, as opposed to the routine injunction by panels of three judges. In the Ninth District, a Bench Panel consists of 11 randomly selected judges. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code).
Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. With regard to civil actions in “justice” and not in “law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” RAMON: (Bubbling with contempt) Secret tracks, built illegally on foreign soil. Latin, which means in the chambers of a judge. Often means outside the presence of a jury and the public. In private. Latin, which means “of your own free will.” It is often a court that acts in a case without either party asking it to do so. The study of the law and the structure of the legal system Written statements submitted to the court describing a party`s legal or factual allegations about the case.
All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. 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 for which the court has jurisdiction to rule on cases. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff.
Government agency empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or a “family fisherman”, as defined in the Bankruptcy Code. Latin, which means “for the court.” In the courts of appeal, this is often an unsigned notice. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. Latin, which means “new”. A de novo trial is a completely new process.
The de novo appeal review does not imply any consideration for the trial judge`s decision. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Fees for a specific property designed to ensure the payment of a debt or the performance of an obligation. A debtor may still be liable for a lien after a release. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. 1.
The point of dispute between the parties to a dispute; 2. Ship officially, as in a court that issues an order. A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of assistant U.S. attorneys who act as government prosecutors in individual cases. A person (or company) against whom a lawsuit is filed. A person, person and spouse, business or cohabitation involved in a farm that meets certain debt limits and other legal criteria for filing a Chapter 12 application.
Party who has the right to be heard by the court on a matter to be decided in the event of bankruptcy. The U.S. debtor, trustee or receiver, case trustee, and creditors are interest groups for most cases. A crime that can be punished with a year in prison or less. See also Crimes. Latin for “friend of the court”. This is a consultation formally offered to the court in a brief filed by a company interested in the case, but not by a party to the case. The formal written statement of a defendant in civil proceedings responding to a complaint and stating the reasons for the defence.
A claim for which no specific value has been determined. The sentence ordered by a court for an accused convicted of a crime. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge. Income that is not reasonably necessary for the maintenance or support of the debtor or dependents. When the debtor carries on a business, disposable income is defined as amounts that exceed what is necessary to pay for ordinary operating expenses. Objection of a trustee or creditor to the exemption from personal liability of the debtor for certain excusable debts. The most common reasons include allegations that the debts to be paid were incurred under false pretenses or that the debts arose as a result of the debtor`s fraud while acting as trustee. The release of a person accused of a crime before trial under certain conditions in order to ensure that person appears before the court if necessary. May also refer to the amount of bond money recorded as a financial condition for pre-litigation publication. Procedures used to obtain disclosure of evidence before trial. A complete collection of all documents filed with the court in a case.
The characterization of the status of debtor after bankruptcy, that is to say free of most debts. (Giving debtors a fresh start is an objective of the Insolvency Code.) In criminal proceedings, the accused`s testimony pleads guilty to “guilty” or “not guilty” in response to the indictment. See also nolo contendere. Evidence suggesting that an accused did not commit the crime. The assertion of a creditor`s claim for the payment of a debtor or its assets. A reorganization insolvency in which a corporation or partnership is typically involved. A Chapter 11 debtor usually proposes a reorganization plan to keep its business alive and pay creditors over time. Individuals or persons in business may also seek redress under Chapter 11. A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties. Information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case in favour of either party. Jurisdiction over federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress, and treaties.
A case brought before the courts by only one party, without notice or dispute by the other party. Oral evidence presented by witnesses at hearings or before grand juries. Middle English, from Anglo-French, from -ant, suffix of the present participle, from the Latin -ant-, -ans, suffix of the present participle of the first conjugation, from -a- (root vowel of the first conjugation) + -nt-, -ns, suffix of the present participle; similar to Old English -nde, present suffix, Greek -nt-, -n, participle suffix No contest. A plea from the nolo contendere has the same effect as an admission of guilt in terms of punishment, but cannot be considered an admission of guilt for other purposes. A federal judge who, after reaching the required age and duration of judicial experience, assumes the status of a senior judge, thereby creating a vacancy among the active judges of a court.