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. 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. 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 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 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.
A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. 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). Written statements submitted to the court describing a party`s legal or factual allegations about the case. 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. 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. 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.
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. 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. 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.” The terms of a lease often define the rights of a landlord and tenant with respect to furnishings. If the lease unequivocally states that the tenant has the right to remove certain objects, the fact that the move will damage the rented premises is irrelevant. 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. The study of the law and structure of the Latin legal system, which means “of one`s own will”. It is often a court that acts in a case without either party asking it to do so. 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. 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 debt for which the bankruptcy law makes it possible to eliminate the personal liability of the debtor. Is not subject to a court order because the controversy has not actually arisen or has not been terminated The document for the commencement of insolvency proceedings which contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities. In general, an extension of the original lease does not deprive the tenant of the right to remove the fixtures. However, the tenant`s right to move expires if he remains or simply remains without extension of the current rental contract. 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.
A bailiff of the United States District Court who is the court official with decision-making authority over federal bankruptcy cases. The sale of a debtor`s assets with the proceeds to be used for the benefit of creditors. The Court of Appeal approves the lower court`s decision and upholds it. See yes. The intent of the person attaching the item determines whether the item is of fixed size or not. The person is not obliged to verbalize the intent, although the courts evaluate such expressions. The courts take into account the intention of the tenant, which results from all the facts and circumstances related to the actual annexation of the object, such as the type of object attached, the type of annexation and the extent to which the object has been incorporated into the property. The political decision-making body of the federal judicial system. A panel of 27 judges, whose president is the Chief Justice of the United States. The period within which legal action must be brought or criminal proceedings initiated. The time limit may vary depending on the type of civil proceedings or the offence complained of.
The parties to a lawsuit resolve their dispute without a hearing. Settlements often involve the payment of compensation by one party to satisfy at least partially the claims of the other party, but generally do not involve the admission of fault. A claim or receivable for which a creditor does not have a special guarantee of payment, such as a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency. The party who appeals the decision of a district court and usually seeks the annulment of that decision. A person or company that files a formal complaint with the court. 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. 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 director, officer or person who controls the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer or person who exercises control over the debtor. 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. Judges who disagreed with the majority may write separately in dissenting or concurring opinions to express their views. A dissenting opinion contradicts the majority opinion on the basis of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the decision of the majority opinion, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also the previous one. Goods are furniture if they are so related to certain real estate properties that a real estate interest arises in them, for example: a stove attached to a house or other building, meters permanently attached to the floor of a store or a sprinkler system installed in a building.
A person who makes a textual recording of what is said in court, usually using a stenographic device, shorthand or audio recording, and then makes a transcript of the proceedings upon request. Information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case in favour of either party.