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 over which the court has territorial jurisdiction to rule on cases. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. 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. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. The study of the law and the structure of the legal system gives instructions from the judge to the jury before it begins its deliberations on the factual questions to be answered and the legislation to be applied.
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. 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. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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 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 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. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” 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 formal written statement by a defendant in a civil case that responds to a complaint and articulates the reasons for the defence. A trial in which a criminal accused is brought to court, informed of the charges in an indictment or information, and invited to plead guilty or not guilty. A person who has filed an application for discharge under the Insolvency Act. A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. Goods of all kinds, including real and personal, tangible and intangible. To separate. Sometimes juries are isolated from outside influences during their deliberations. a director, officer or person who exercises control over 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. Chapter 7 proceedings where a debtor withdraws a secured creditor`s priority in security by paying the secured creditor the value of the asset.
The debtor can then retain ownership. Any manner in which a debtor disposes of or disposes of his assets. The qualification of the status of debtor after bankruptcy, that is to say free of most debts. (Allowing debtors to make a fresh start is one of the objectives of the Insolvency Code.) Chapter of the Insolvency Act that provides for the reorganization of municipalities (including cities and municipalities, as well as villages, counties, tax districts, municipal utilities and school districts). A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors. A federal judge appointed for life, during “good conduct”, according to Article III of the Constitution. The judges referred to in Article III shall be appointed by the President and confirmed by the Senate. Latin for “friend of the court”. This is counsel formally offered to the court in a pleading filed by an entity interested in the case but not by a party to it. The sale of a debtor`s assets with the proceeds used for the benefit of creditors.