Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. A person who is asked by a party to a lawsuit to testify in court or jury. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. Certain assets belonging to an individual debtor that the debtor may retain with unsecured creditors under the applicable bankruptcy law or state law. For example, in some states, the debtor may be able to pay all or part of the equity at his principal residence (exemption from family ownership) or some or all of the “business tools” he uses to make a living (i.e. automotive tools for an auto mechanic or dental tools for a dentist). The availability and amount of assets that the debtor can discharge depends on the State in which the debtor lives. 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. No competition. A plea bargain has the same effect as an admission of guilt with respect to the criminal conviction, but cannot be considered an admission of guilt for other purposes. Dispute resolution procedure outside the courtroom. Most alternative dispute resolution methods are non-binding and involve referring the case to a neutral party such as an arbitrator or mediator. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. Latin, which means “of one`s own will”.
Often designates a court acting in a case without either party asking for it. A district court may grant either party to civil or criminal proceedings the right to expel a number of potential jurors without cause or explanation. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. A proceeding brought by a single party before the court, without the other party having notified or contested it. A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a team of U.S. Assistant Prosecutors who act as government counsel in individual cases. A civil injustice, not a criminal one.
A negligent or intentional breach of person or property, other than breach of contract. 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 value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) A federal judge appointed for life, during “good conduct”, according to Article III of the Constitution. The judges referred to in Article III shall be appointed by the President and confirmed by the Senate. 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. Act of a court annulling the decision of a lower court.
Lifting is often accompanied by pre-trial detention before the lower court for further proceedings. Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. Information presented in witness statements or in documents used to convince the investigator (judge or jury) to decide the case in favour of one party or the other. To separate. Sometimes juries are isolated from outside influences during their deliberations. 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. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion.
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 “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. The parties to a dispute settle their dispute without judicial proceedings. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. Possibility of conviction in federal courts. With probation, instead of sending a person to prison, the court releases the person into the community and orders them to undergo a period of supervision supervised by a U.S.
probation officer and comply with certain conditions. The study of the law and the structure of the legal system in relation 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. The chapter of the Insolvency Code dealing with cross-border insolvency cases. The regulation (or restructuring) of a debtor`s assets so that the debtor can make maximum use of the exemptions.
(Pre-insolvency planning generally involves converting non-exempt assets into exempt assets.) A meeting of the judge and lawyers to plan the trial, discuss issues to be submitted to the jury, review the proposed evidence and witnesses, and establish a trial plan. Typically, the judge and the parties also discuss whether to settle the case. Latin for “friend of the court”. This is counsel formally offered to the court in a pleading filed by an entity interested in the case but not by a party to it. 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.
