Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. Latin, which means “in law”. Something that exists by law. A Latin term meaning “you have the body”. A court case in which a detained person can be brought to court to rule on the lawfulness of their detention. A legal instrument whereby assets are held by a trustee on behalf of other persons (beneficiaries). 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. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion.
A legal process by which ownership or an interest in land or buildings is transferred from one person to another. One of the steps in buying a home. A legal mechanism that can be put in place by one person (the donor) to allow another specially designated person (the lawyer) to act on behalf of the donor. Latin term meaning “by or for a part”. An ex parte application is an application in which only one party is present. Often, the other party has the right to request that the judgment be set aside. Evidence that one party does not have to present to the other party. For example, any communication between you and your lawyer in court proceedings is usually privileged. Study of the law and structure of the legal system Income that is not reasonably necessary for the maintenance or maintenance of the debtor or dependents. When the debtor is carrying on a business, disposable income is defined as amounts greater than what is needed to pay ordinary operating expenses. 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. When one person is legally responsible for the actions of another person. For example, an employer is usually liable on behalf of the actions of its employee. 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. 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 Latin term that means “really”. For example, a person who acts as a director of a corporation, even if he or she is not technically a director, is often referred to as a de facto director.
This page explains some of the terms used in court proceedings. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A legal right that obliges the owner of a piece of land to allow others to cross it. The scope of the right will be different in each case. For example, some rights of way are limited to pedestrians. Rights of way can be public or private rights of way. Latin term meaning “null pursuit”. When a decision is made to discontinue a lawsuit. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.
A person involved in legal proceedings. A lay litigant is a litigant who is not represented by a lawyer. In contract law, the term “conditions” refers to the terms of a contract, the terms and guarantees agreed between the parties. The terms of the contract may be verbal or written. Terms are conditions that are so important that one or more of the parties would not enter into the contract without them. Warranties are less important conditions, the breach of which does not invalidate the contract, but may entitle one of the parties to receive damages. [3] Latin, meaning in a judge`s chambers. Often means outside the presence of a jury and the public. In private.
Previous – A court decision in a previous case with facts and laws similar to a lawsuit currently pending in court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed. A precedent is binding, which means it must be followed. Other precedents do not have to be followed by the court, but can be considered influential. A written, verbatim record of what was said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or oral testimony, regarding civil actions in “fairness” rather than “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.
A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. In trust law, terms generally refer to the terms of the trust, that is, the express written intention of the settlor of a trust. The conditions are limited to the provisions expressed in such a way that they are like evidence in court. [1] The terms of a trust are clearer when they are explicit in all four corners of the trust indenture. However, since not all trusts are explicit, interpretation by the courts may be necessary. [2] In criminal law, the Constitution 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 liberty or property. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. Temporary suspension of a natural or legal person to assert their legal rights.
habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. 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. To define a legal term, enter a word or phrase below. 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.