The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means “appealing” or “appealing”. The person appealing is called a “complainant”; the other part is the “Appealee”. 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. tort – Civil injustice or breach of an obligation to another person as established by law. A very common tort is the negligent driving of a motor vehicle, which results in property damage and bodily injury in a car accident. Grand Jury – A group of citizens who listen to evidence of criminal charges presented by the government and determine if there is a likely reason to believe that the crime was committed. As it is used in federal criminal cases, “the government” refers to the lawyers in the U.S.
Attorney`s Office who are prosecuting the case. Grand jury proceedings are closed to the public and the person suspected of having committed the crime is not allowed to be present or to have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. 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. A report prepared by a court probation officer after a person has been convicted of a crime, which summarizes for the court the basic information needed to determine the appropriate sentence. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system in which sentencing is determined by sentencing guidelines. Now, without the possibility of probation, the prison sentence imposed by the court is the real time that the person spends in prison. The study of the law and the structure of the legal system A function of the federal courts that takes place at the beginning of the criminal justice process – after a person has been arrested and charged with a federal crime and before being tried. Pre-trial officials are focusing on investigating the backgrounds of these individuals to help the court decide whether to release or detain them pending trial.
The decision is based on whether these people are likely to flee or pose a threat to the community. When the court orders release, an investigative officer supervises the person in the community until they return to court. Appeal – An application made after a trial that asks another court (usually the Court of Appeal) to decide whether the proceedings were conducted correctly. Making such a request means “appealing” or “appealing”. Both the plaintiff and the defendant can appeal, and the party who does so is called the plaintiff. Appeals can be filed for a variety of reasons, including inappropriate procedures and ask the court to change its interpretation of the law. And always, in response to every argument, Mary shook her head in denial. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge. A claim for which no specific value has been determined. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group information session” of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the “Personal Finance Management Course” in Chapters 7 and 13, which an individual debtor must complete before a release is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the necessary advice.
Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. 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.” see dire – The process by which judges and lawyers select a small jury from among those who have the right to serve by questioning them in order 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. “To see said” is an expression that means “to tell the truth”. The answer was the simplest, and that was the end of the dispute. The chapter of the Bankruptcy Act, which provides for “liquidation”, i.e. the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a “resource test.” The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people.
The civil juries of the Confederation are composed of at least six persons. 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. Jurisdiction – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time. Some issues may be heard in state and federal courts. The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2. The geographical area in which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. 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 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.
