Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. 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. 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 term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. The study of the law and the structure of the legal system Ask a court for a rule or order or to take action in a case.
The term covers all the things that need to be done by a litigant in order to obtain a court order ordering the requested appeal. Propose a resolution or recommend action in an advisory body. Skip over it; where the consideration for a contract is to be transferred from one party to the other. Sometimes; contribute; to maintain or manage. Requests for disclosure relate to the necessary exchange of information between the parties. In the common law system, such requests reflect an irreducible tension in the legal system between the right to disclosure and the obligation to disclose information to third parties. 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”.
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. 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 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. 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. Created by FindLaw`s team of writers and legal writers| Last updated June 20, 2016 A panel of 16 to 23 citizens who hear evidence of criminal charges presented by the prosecutor`s office and determine whether there are probable reasons to believe that a person has committed a crime.
See also Indictment and United States Prosecutor. In the case of an application without a hearing, the Tribunal will only make a decision on the basis of written submissions to the Tribunal (memoranda or factums, in legal language) and any affidavits, documents and/or other supporting evidence submitted up to that time. In the case of an application for a hearing, in addition to written submissions to the court and the submission of affidavits, documents or other evidence, lawyers must appear before the court and justify the request. After hearing and not the applications, the court makes a decision and makes its order, sometimes in writing (and sometimes explaining the reasons for its decision). A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. 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. 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. Jurisdiction – (1) The legal authority of a court to hear and decide a case.