These terms are just a small selection of many that you need to know in the legal field. See the following websites for more definitions. Burden of proof: The burden of proof refers to the standard used to prove claims in a court case. The blocking for this depends on the type of legal proceedings. Criminal trials have a heavy burden of proof – defendants are presumed innocent until the prosecution can prove beyond any doubt that a crime was committed by the accused. Search Warrant – Orders that a specific location be searched for objects that, if found, can be used as evidence in court. Search warrants require that a probable reason be issued. A debt that cannot be eliminated in the event of bankruptcy. Examples include a residential mortgage, child support debts, certain taxes, debts for most government-funded or guaranteed student loans or overpayments of benefits, death or personal injury debts caused by driving under the influence of alcohol or drugs, and repayment debts or a penalty that are included in a judgment on the debtor`s conviction for a criminal offence. Certain debts, such as debts of money or property obtained under false pretenses and debts for fraud or falsification during the exercise of fiduciary capacity, can only be declared inexcusable if a creditor brings a non-debt-related action in a timely manner and prevails.
The Court may act on its own initiative if it has knowledge of facts requiring judicial intervention. Then the dish is know suo motorcycle. habeas corpus – A memoir commonly 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. conversely – When an appellate court overturns the decision of a lower court due to an error. A reversal is often followed by pre-trial detention. For example, if the defendant argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case will be remanded in custody so that the trial court can reconsider the case without that evidence. The study of law and the structure of the legal system DEATH PENALTYThe legal imposition of an execution sentence for a criminal offence. Also known as DEATY PENALTY. 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.
Mens rea: A term that literally means “guilty spirit” in Latin, mens rea is used to describe a person`s criminal intent to commit a crime, also known as criminal responsibility. This article specializes in lawyers. The list contains the most important legal terms in alphabetical order. Each word contains a definition and an example sentence. Summary Judgment – A decision made on the basis of statements and evidence on file without trial. It is used when there is no dispute as to the facts of the case and a party is legally entitled to a judgment. Forgiveness: Also known as executive pardons, clemency is the power a president has in federal criminal cases to grant a legal grace period to a person convicted of a crime. Clemency powers include pardoning a convicted offender, converting his or her sentence, or reducing the death penalty to a lesser sentence, for example.
Governors also have this power in the beliefs of the state. IndiaFilings.com is committed to helping entrepreneurs and small business owners start, manage and grow their business safely at an affordable price. Our goal is to educate the entrepreneur on legal and regulatory requirements and to be a partner throughout the company`s lifecycle, supporting the business at every step to ensure it is compliant and continuously growing. De facto is Latin for “in fact”. It is used in court to describe practices that exist but are not officially recognized by law. For example, English is the de facto language in the United States, but there is no official national language under the law. When a practice is directly supported by law, it is known as de jure, which in Latin means “by law.” You can read more about whether a career as a lawyer is really all you`ve dreamed of, or if a path to another legal career might be right for you by checking out our article “Is it worth being a lawyer? 5 things to keep in mind about “America`s Most Unfortunate Job.” More for you: Definition of the arrest warrant (law)Zero and nullityCarce vs prison vs prison systemState of law vs justice”I feel obliged to tell you » MeaningDefinition of human resources and most commonly used terms . Rule against legal formalities and informal e-mail phrases Oral statement made before an official legally authorized to take the oath. Such statements are often used to hear potential witnesses, to obtain discoveries, or to be used later in the trial. See Discovery. You may be familiar with some of the most common courtroom terms, such as: testimony, opposition, cross-examination, plea bargaining, and circumstantial evidence. But have you ever been stunned by some of the legal terms you hear in court in episodes of your favorite shows? Or maybe you suddenly realize that you don`t really know the full meaning of some of the courtroom terms you`ve become so used to.
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. Preliminary hearing: Once the indictment is complete, the accused returns to court for a preliminary hearing. If the defendant pleads not guilty, the judge will use the preliminary hearing to set a date for the trial. In addition, this hearing allows legal teams to challenge the admissibility of evidence, enter into settlement agreements, and discuss other important pre-litigation issues. Legal advice; A term also used to refer to lawyers in a case. 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). A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. Procedures used to obtain disclosure of evidence before trial. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
Jurisprudence: A term you may have heard by chance in your favorite court dramas, case law refers to the law as established in previous court decisions. Case law is a way of citing a precedent. AD LITEMLatin for “for the purposes of the trial”. It refers to the assignment by the court of one party to act on behalf of another party in a dispute. 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.” An application is a court order to perform or not to commit a certain act. For example, a habeas corpus arrest warrant requires law enforcement officers to bring a prisoner to justice and prove that they have a legal right to detain him. A judge`s written explanation of the court`s decision. Since a case can be heard by three or more judges of the Court of Appeal, the opinion in appeal decisions can take various forms. If all the judges are in complete agreement on the outcome, a judge will write the opinion for everyone.
If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion.