Are you a lawyer? Visit our professional website » 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. 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. Recourse: Recourse to claim damages or assert legal action. Affirmative defense: A written defense of a lawsuit that does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to a judgment based on legal or fair principles, even if the allegations are true. Specific benefit: Recourse available to an aggrieved party if the remedy is inadequate, where a defendant may be required to pay under the terms of a contract instead of paying monetary damages. (The Continuing Power of Attorney (EPO) was replaced by an Continuing Power of Attorney (LPA) on 1 October 2007. An EPO created before that date is still legal and can still be registered with the Office of the Public Guardian.
After this date, you must create an LPA instead.) Jurisprudence: The collective legal system, including jurisprudence; the philosophy of law. Judge Advocate: A court martial officer who may act as clerk, prosecutor and/or legal counsel to the court. 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. Breach of contract: Failure, without legal excuse, to perform an obligation required under a contract.
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. 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. Implicit: When the intention of the parties is not expressed by direct conditions, but results from the surrounding circumstances or behavior. A debt that should have been listed by the debtor in the annexes submitted to the court, but was not. (Depending on the circumstances, unplanned debt may or may not be settled.) Common Law – The legal system that originated in England and is now used in the United States. It is based on court decisions and not on laws adopted by the legislator. Written statements submitted to the court describing a party`s legal or factual allegations about the case. Informed consent: Consent given after full disclosure of constitutional and other legal rights that affect consent or not.
The Study of the Law and the Structure of the Legal System A group of 16 to 23 citizens who listen to evidence of criminal charges presented by prosecutors and determine if there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: LawInfo.com Nationalwide Bar Directory and Legal Consumer Resources Paralegal: A person who is trained to perform a variety of legal tasks, but is not licensed to practice law. The explanations in this guide are not direct alternatives. While we hope the statements will prompt lawyers to ensure that they only use legal jargon when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. The wording used in the act changes. Many lawyers now adopt a simple English style.
But there are still legal phrases that baffle non-lawyers. This guide aims to help in two ways: 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). 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.” 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.” Lawyer: Someone who provides legal advice, assistance or pleading on behalf of a party in court; a lawyer. Reasonable doubt: the degree of uncertainty that requires a juror to convict a defendant in a criminal case; realistic uncertainty, even if it is far away.
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. 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. 1. In appeal proceedings, a group of judges (usually three) is responsible for deciding the case; 2. In the jury selection process, the group of potential jurors; 3. The list of lawyers who are both available and qualified to serve as court-appointed lawyers for defendants who cannot afford to pay their own lawyer. 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.