Y in Legal Terms
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. 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments. Abogado.com The #1 Spanish-language legal site for consumers of prison sentences for two or more crimes served simultaneously rather than consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. 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. 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. 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. Are you a lawyer? Visit our professional website » At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet.
Contact us. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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 FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. LawInfo.com National Directory of Law Societies and Consumer Legal Resources 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.
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.” FindLaw.com Free and reliable legal information for consumers and legal professionals Study of the law and structure of the legal system The chapter of the Insolvency Code that provides for the settlement of debts of a “family farmer” or a “family fisherman”, as defined in the Insolvency Code. 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. A written statement instituting civil proceedings in which the plaintiff describes in detail the claims against the defendant. 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.
An allegation in an indictment or information accusing an accused of a crime. An indictment or denunciation may contain allegations that the defendant committed more than one crime. Each charge is called an indictment. Transfer of a debtor`s assets with the debtor`s consent. A lawsuit in which one or more members of a large group or class of persons or other entities sue on behalf of the group as a whole. The district court must determine that class actions contain questions of law or fact before the action can be brought as a class action. The obligation to prove the disputed facts. In civil cases, a plaintiff generally bears the burden of proving his or her case. In criminal cases, the government has the burden of proving the guilt of the accused. (See standard of proof.) A debtor`s assets that can be liquidated to satisfy creditors` claims. 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.
If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors. A natural or legal person appointed in all cases under chapters 7 and 13 to represent the interests of the bankruptcy estate and the debtor`s creditors. Evidence presented by a witness who has not seen or heard of the incident in question, but has heard about it from someone else. With few exceptions, hearsay is generally not admissible as evidence at trial The legal order of precedence of unsecured claims of the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. Evidence suggesting that an accused did not commit the crime. A series of questions to be answered in writing by the debtor regarding sources of income, transfers of ownership, creditors` claims, etc. (There is an official form that a debtor must use.) The release of an inmate – granted by the U.S. Parole Board – after the inmate has served part of his sentence in a federal prison. If the probation officer is released into the community, he or she will be placed under the supervision of an American probation officer. Chapter 7 proceedings where a debtor withdraws a secured creditor`s priority in security by paying the secured creditor the value of the asset.