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. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered 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.

« See to say » is an expression that means « to tell the truth ». 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. 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. Case law – The use of court decisions to determine how other laws (e.g., statutes) apply in a particular situation. For example, a trial court may use an earlier Supreme Court decision that presents similar problems. 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. A claim for which no specific value has been determined. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial.

The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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 viewed by selecting a letter here: The chapter of the Insolvency Code that provides for « liquidation », i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a « means test ». The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding.

Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Debts incurred for personal needs, as opposed to professional needs. 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. prose – Latin term meaning « on one`s own account »; In the courts, these are people who present their own cases without a lawyer. 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). Section 707(b)(2) of the Insolvency Code applies a « means test » to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Middle English opposen « question, investigate, accuse » (as past participle against « opposite, opposite »), borrowed from Anglo-French oppose « counter, argue in opposition, question, question », Reformation, with pose « place, put entry 1 », from the Latin oppōnere (perfect opposuī, past participle opposed) « place (above or against), place as obstacle, put in opposition, argue as answer,  » de ob- ob- + pōnere « place, sitting » — more at the entry of position 1 French, which means « on the bench ». All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. Generally refers to two events in individual bankruptcy cases: (1) the « individual or group briefing » of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the « Personal Financial Management Course » in Chapters 7 and 13, which an individual debtor must complete before debt relief 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 required advice. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. 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. The chapter of the Insolvency Code, which provides for the settlement of debts of a « family farmer » or « family fisher », as defined in the Insolvency Act. Imprisonment for two or more offences to be served simultaneously and not 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. 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 ». The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority, fight, resist, resist, oppose someone or something. Resistance can refer to any conflict, from simple objection to bitter hostility or war. Unlike the plan, struggle focuses on the violent or urgent struggle against something. Combating disease resistance involves an open recognition of a hostile or threatening force and a positive effort to counter or ward it off. Resisting temptation suggests more passive resistance. Trying to resist peer pressure A group of citizens who listen to the evidence presented by both sides in the trial and establish the disputed facts.

The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. 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.