Incapacity: Lack of sufficient legal, physical or intellectual strength to perform an action. A written and verbatim record of what was said, either in a proceeding such as a hearing or in another formal conversation, such as a hearing or oral testimony A person who records in extenso what is said in court, usually using a stenographic device, stenographer or sound recording, then makes a transcript of the proceedings upon request. 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 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. Legal issue: Controversial point of law subject to a court decision. For cause: with sufficient legal justification to take action. Breach of contract: Failure to comply with a contractual obligation without legal excuse. ex post facto: retrospectively; A law that is enacted after the performance of an act and that makes it retroactively illegal. Such laws are prohibited by the U.S. Constitution.
Case law: The collective legal system, including jurisprudence; the philosophy of law. 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.” 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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 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. Expert witness: A witness with trained training or experience who is authorized to testify in a legal proceeding.
Remedy: recourse to damages or claim legal action. Clause: A paragraph or subdivision of a legal document, such as a contract. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Lawyer: A person who provides legal advice, assistance or reasoning on behalf of a party before a court or tribunal; a lawyer. Affirmative defence: A written defence of a lawsuit that does not formally contest certain claims in a complaint, but alleges that the plaintiff is not entitled to a judgment based on legal or fair principles, even if the allegations are true. Service Mark: Any word, name, symbol, sign, design, design or device used to identify the services provided and distinguish them from services provided or offered by others. 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. Suspension: Temporary suspension of legal proceedings by court order. Privacy right: A universally recognized right to be left alone and to live one`s life free from unwarranted advertising or interference. The interference with the right to privacy may give rise to a cause of action or tort.
Judge Advocate: An officer of a court martial who may act as a clerk, prosecutor and/or legal counsel to the court. Continuation: Temporary suspension or postponement of legal proceedings. Testimony: The testimony of a witness or party under oath in a judicial proceeding or testimony. Trademark: Any trademark, word or design affixed to goods or products that authenticate them. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. Paralegal: A person who is trained for various legal tasks but is not licensed to practise law. 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.
Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. Study of the law and the structure of the legal system Resignation: A judicial decision annulling or annulling a contract; termination of the contract by word or action of the parties. Execute: To complete a legal document, such as by signing it. Informed consent: Consent after full disclosure of constitutional and other legal rights that affect whether consent is given. 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.
Summons: A document issued by the court registry requiring the defendant to appear or respond under threat of a judgment or arrest warrant. A judge`s statement about a person`s rights. For example, a plaintiff may seek a declaration that a particular law, as drafted, violates a constitutional right. Guardian: A person who has been entrusted by law with custody and control of the person or property of a ward. A company that is not licensed to practice law, that prepares bankruptcy applications. Deliberate: Deliberately; with the intent of the result that occurs. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”.
The one who appeals is called a “complainant”; The other party is the “appellant”. Intangible personal property: money, proof of debt, proof of ownership, and all other forms of ownership where value is based on what the property represents rather than its own intrinsic value (e.g., mortgages, stocks, bonds, debt obligations). Decision: The final decision, promulgation or judgment of a court or other tribunal. An order given under the authority of a court to a witness to appear and testify. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. Contracts or leases where both parties still have obligations to perform.