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. 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. n. the specific request for judgment, legal protection and/or damages when concluding a complaint or claim. A typical prayer would be: “The plaintiff seeks (1) special damages in the amount of $17,500; (2) general damages based on the evidence [proven at trial]; (3) reasonable attorneys` fees; (4) the costs of the action; and (5) such other remedy as the Tribunal deems appropriate. A prayer gives the judge an idea of what is being sought and can become the basis for a verdict if the defendant fails to meet his obligations (does not submit). Sometimes a plaintiff inflates damages in prayer for publicity or intimidation, or because the plaintiff believes that a gigantic claim will be a better starting point for negotiations. However, the ridiculous multi-million prayers in small cases make the plaintiffs seem stupid and unrealistic. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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.” The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. Latin, which means “in law”. Something that exists by law.
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. 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. 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. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion. 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”. Latin, which means in the chamber of a judge.
Often means outside the presence of a jury and the public. In private. Latin, which means “new”. A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. 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. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. 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. 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. The study of the law and the structure of the legal system gives instructions from the judge to the jury before it begins its deliberations on the factual questions to be answered and the legislation to be applied. A judgment granting a plaintiff the remedy sought in the application because the defendant did not appear in court or otherwise respond to the complaint. 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. 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: A legal procedure to deal with personal and corporate debt problems; in particular, a case filed under one of the chapters of title 11 of the United States Code. The legal power 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. 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. 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.
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