Affords Legal Term

29 Σεπτεμβρίου 2022 Χωρίς κατηγορία

Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place. Often referred to as TRO. 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. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant. 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. 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.

A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. A claim for which no specific value has been determined. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. 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).

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.” A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. to give, to present, to give, to give, to lend, to give means to transmit to another as a possession. GIVE, the general term, applies to any delivery of anything by any means. Give Almos made her ride on a pony Give My Love To Your Mother gift carries a note of formality and ceremony. A prize donation probably involves a published donation (in terms of charity). Donating a piano to the orphanage involves passing on something like a gift and may indicate condescension on the part of the donor. Giving unwanted advice involves a gracious gift (such as a favor or honor).

The award of an honorary title usually involves an award or reward as a natural or legitimate consequence of the donor`s personality. Trees provide shade for a development that gives us some hope that federal judges will be given a lot of leeway by the legal system because of the difficulty of removing them from office. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group information session” of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the “Personal Finance Management Course” in Chapters 7 and 13, which an individual debtor must complete before a release is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the necessary advice. A group of 16 to 23 citizens who listen to evidence of criminal charges presented by prosecutors and determine if there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. 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.

Case Law – Using court decisions to determine how other laws (e.g., laws) should be applied in a particular situation. For example, a court of first instance may use an earlier Supreme Court decision that presents similar problems. A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. A judicial officer with the power to rule on applications before the courts. Used generically, the term judge can also refer to all judicial officers, including judges of the Supreme Court. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. The judge who has primary responsibility for the administration of a court; Chief Justices are appointed by seniority 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: In criminal law, the constitutional guarantee ensures that a defendant 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. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. The study of the law and the structure of the legal system of jury selection procedures in order to interview potential jurors in order to determine their qualifications and determine a basis for challenge. legal advice; A term also used to refer to lawyers in a case. Jurisdiction – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time. Some issues may be heard in state and federal courts. The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2.

The geographical area in which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means “appealing” or “appealing”. The person appealing is called a “complainant”; the other part is the “Appealee”. 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.

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