Adversary System – The testing method used in the United States and other countries. This system is based on the belief that the best way to determine the truth is to give opposing parties the full opportunity to present and substantiate their evidence and to cross-check the evidence presented by their opponents. This is done in accordance with the rules of procedure established before an impartial judge and/or an impartial jury. Relevance: A test applied to the quality of evidence to determine whether it is competent to establish a fact in question. Jury trials – proceedings conducted by a group of persons chosen from among the citizens of a particular district and brought before the courts, where they are sworn to consider one or more questions of fact and decide them by their judgment. Informed consent: Consent given after full disclosure of constitutional and other legal rights that affect consent or not. Lawyer – A licensed lawyer or a lawyer authorized by the courts to prepare, manage and negotiate cases before the courts, prepare legal documents or otherwise represent the interests of citizens. A function of the federal courts that takes place at the beginning of the criminal justice trial – 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.
A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant. Kangaroo court – a term that describes a fictitious procedure in which a person`s rights are completely ignored and in which the result is a conclusion reached in advance due to the bias of the court or another court. A person who speaks to a practising lawyer for legal advice or other legal services on a legal matter. Colocation – A form of legal co-ownership of property (also known as survival). Upon the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a special form of roommate between husband and wife. 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. 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).
Incapacity: Lack of sufficient legal, physical or mental authority to take action. Breach of contract: Failure to comply with a contractual obligation without legal excuse. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. Void contract – A contract that has no legal effect and cannot be performed under any circumstances. For example, a contract to commit an illegal act is void. Prima facie evidence: A case in which sufficient evidence has been presented to allow a jury or judge to make a final decision, unless it is overcome and refuted by other evidence. Arbitration – judgment rendered by the court after a decision on the issues. Jurisprudence: The collective legal system, including jurisprudence; the philosophy of law. Reasonable person – A term used to refer to a hypothetical person who exercises the qualities of care, knowledge, intelligence and judgment that society requires of its members to protect their own interests and those of others. This term is often used in tort, where the test of negligence is based either on a failure to do something that a reasonable person, guided by considerations that normally govern conduct, would do, or on something that a reasonable and prudent (wise) person would not do. However, legal professionals who can provide a certain range of basic legal services have not gone to law school and are not lawyers. In Ontario, paralegals must be licensed by the same organization as lawyers.
Paralegals can provide legal advice and offer and represent clients in legal matters such as immigration, minor claims, traffic court fees under the Provincial Offences Act, court cases including landlord-tenant matters or workplace safety, and certain minor criminal charges. Paralegals cannot represent clients in the Ontario Family Court. Corpus Delicti – body of crime. Objective evidence that a crime has been committed. It sometimes refers to the corpse of a homicide victim or the charred shell of a burned house, but the term has a broader meaning. In order for the State to confess or convict the accused, it must prove a corpus delicti, that is, the occurrence of a particular injury or loss and a criminal act as the source of that particular violation or loss. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Patent – A state grant that gives an inventor the exclusive right to manufacture or sell his invention for a period of several years.
Sentencing – Procedure in which traffic offenders are allowed to send a fine (plead guilty by mail). Points can be assessed using the person`s logbook for criminal offences. A person who has personal knowledge of an event or case in a court case is a witness. A witness may be questioned by the police or lawyers and, in a court case, may be asked to testify in writing or in person. 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 retrieved by selecting a letter here: Non-dispute clause – language in a will, which provides that a person who legally contests the validity of the will is disinherited. Locus standi – The legal right to bring legal action. Only a person with a legally recognized interest in the matter has the right to take legal action. In a legal framework, such as a court or supervisory authority, the decision-maker is a person or body of persons who decides on the outcome of a claim or dispute, taking into account the applicable law and the facts and interests affecting one or more parties to the case. A judge, a justice of the peace, an arbitrator and an arbitrator are all decision-makers. Habeas Corpus – A brief used as a means of bringing a person to justice to determine whether they are being held unlawfully.
Legal issue: Disputed point of law subject to a judicial decision. Publicly funded centres that provide legal assistance to low-income Ontarians in a variety of ways, including their representation before the courts, legal advice and public legal education. Admissible evidence – evidence that can be presented legally and correctly in civil or criminal proceedings. A government agency that provides legal aid certificates and funds legal clinics across the province to provide access to lawyers for those who cannot afford a lawyer. Fraud Act: The requirement that certain types of contracts must be in writing to be enforceable.