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: The legal authority 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. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. 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 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. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused.
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. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Previous – A court decision in a previous case with facts and laws similar to a lawsuit currently pending in court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed. A precedent is binding, which means it must be followed. Other precedents do not have to be followed by the court, but can be considered influential.
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. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. 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. 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. 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. 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 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. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Case law – The use of court decisions to determine how other laws (e.g., statutes) apply in a particular situation. For example, a trial court may use an earlier Supreme Court decision that presents similar problems. 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. To try, to try, to try, to write, to strive means to strive to achieve a goal. The trial focuses on the initiation or beginning of an effort. will try to photograph the rare bird The essay is often close to the attempt, but may focus on the effort or experiment undertaken in the hope of testing or proving something. Trying to determine what was the best procedure increases the impact of effort and difficulty. The effort to find survivors of the crash in the mountains involves difficulties, but also suggests temporary trial and error. Wants the essay to strive for the first time to obtain a dramatic role involves a great effort against great difficulties and explicitly proposes a persistent effort. continues to fight for peace in Latin, which means “of one`s own will.” Often designates a court acting in a case without either party asking for it. 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. The judge who has primary responsibility for the administration of a court; Section 707(b)(2) of the insolvency law applies a “means test” to determine whether an individual debtor`s deposit under chapter 7 is considered an abuse of the insolvency law requiring dismissal or conversion of the case (usually chapter 13).