Eviction – measures taken to legally expropriate a person`s land or property. A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) 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. Latin, which means “in law”. Something that exists by law. A pre-trial motion requiring the court to prohibit the other party from presenting or even referring to evidence deemed so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. Substance – strict legal rights of the parties; a decision “on the merits” is a judgment that realizes the right(s) of a party, as opposed to a dismissal of the case on a ground that does not affect the rights invoked in the action; For example, in criminal proceedings, double prosecution does not apply if the indictment is not filed before the commencement of the trial, and in a civil action, res judicata does not apply if a previous application has been rejected on the basis of a provisional application that raises a formality such as improper service of the proceedings. Arrest – Depriving a person of his freedom by the legal authority. Oral arguments – The formal requests of the parties regarding their respective claims and defences for the judgment of the court; In criminal cases, this includes an indictment.
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.” Looting debtor – A person who intentionally leaves a jurisdiction to avoid litigation. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Judgment review – A procedure in which the trial court (usually the judge, if not available) is asked to correct an allegedly unlawful judgment or vary the judgment; Following the trial, the sentence may be reduced or remain the same, but may only be increased if the defendant leaves the courtroom at the time of the original sentencing. Appearance – A personal appearance in court or by filing a document, as plaintiff, defendant or legal representative. Fine – A sum of money that a person must pay as a penalty for an illegal act or omission. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. An action should be pending from the outset until a final judgment is rendered by a court.
The term “pending appeal” refers to the period preceding the filing of an appeal and the period during which an appeal is pending. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Nolo Contendere – The name of a plea in a criminal trial that has the same legal effect as an admission of guilt, with respect to all proceedings in the case and on the basis of which the defendant can be convicted. 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. The study of the law and structure of the legal system Custodia legis — under the care of the law; Property that has been lawfully seized in the course of legal proceedings and is in the possession of a public official or a court legally entitled to own it. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Transfer – In criminal proceedings, the transfer of the place (jurisdiction) of the case to another place where charges are pending and where the defendant pleaded guilty or nolo contendere in order to allow the defendant to invoke the transferred charges in the same manner and to impose a penalty for all charges. Tort (Trans: twisted) – An injury or damage to the person or property for which the person who caused the injury is legally liable. 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. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. 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. 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. Stay — Stay in limbo. Order for a judge to suspend or postpone proceedings or proceedings before the Court of Justice.