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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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 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. 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.
v. 1) in criminal law, to charge a person with a crime and then prosecute the case on behalf of the government through court proceedings. This is usually the function of the district attorney (called district attorney or city attorney in some places) and the U.S. attorney in federal criminal cases. An attorney general can prosecute crimes of national importance, and the United States. The Attorney General, through the Attorney General, may prosecute crimes concerning matters of national importance. 2) Conduct legal action by a lawyer on behalf of a client, including civil and criminal cases, but most often with reference to criminal prosecution. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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.
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. 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. The study of the law and structure of the legal system Non-bankruptcy procedure in which a plaintiff or creditor attempts to subject the future wages of a debtor to his claim. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. 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. A person who is asked by a party to a lawsuit to testify in court or jury. An amount that a defendant pays to a plaintiff in a civil proceeding if the plaintiff won. Damages (for loss or injury) or punishment (to punish and deter future misconduct).
Lists submitted by the debtor with the application (or shortly thereafter) containing the debtor`s assets, liabilities and other financial information. (There are formal forms that a debtor must use.) Property promised as security for the execution of a debt. Any relative of the debtor or a general partner of the debtor; a partnership in which the debtor is a general partner; general partner of the debtor; or a business in which the debtor is a director, officer or controller. A proceeding brought by a single party before the court, without the other party having notified or contested it. Procedures for obtaining disclosure of evidence prior to trial. 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”. Approval of a restructuring plan by an insolvency judge.
An offence punishable by one year in prison or less. See also criminal offences. A claim for which no specific value has been determined. Degree of proof required. In criminal cases, the prosecution must prove the guilt of an accused “beyond reasonable doubt”. The majority of civil lawsuits require “preponderance of evidence” (more than 50%), but in some the standard is higher and requires “clear and convincing” evidence. The chapter of the Bankruptcy Act that provides for the adjustment of the debts of a person with a regular income is often referred to as the “employees” plan.