Limited Representation: An agreement with a lawyer to obtain assistance with certain parties to a case for a fixed fee or a limited fee. Also known as “unbundled legal services” or “unbundling”. 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. Silent title: A case in which the court decides who owns (or owns) property. “Implied title” means to declare that a particular person is the rightful owner of the disputed property. 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 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 best be viewed by selecting a letter here: Beneficiary: 1. A person who may receive something due to a legal agreement or document.
2. Substitute Tribunal: Any person who may participate in an estate. Subrogate: To replace one person with another in connection with a legal claim. Final release: When a youth is released from foster care and a government agency does not have legal custody or authority over them. This usually happens when a teen turns 21 or when the release period ends. Adolescents must be at least 18 years of age to be released, unless they return home. Court: 1. The place where the cases are heard.
2. A judge or group of judges whose job is to hear cases and administer justice. See Bank. Equitable action: 1. Fair and equitable treatment. This means not only a fair decision based on the law, but also a judgment with reasonable notions of fairness and justice. 2. Describes civil actions in “equity” rather than “law”.
In the legal history of England, the “courts” could only order the payment of damages. The fairness courts could order someone to do something or stop. See injunction. In the U.S. legal system, the courts have power both in law and in equity. Normally, there may be a jury trial in “legal” cases, but not in “judicial” cases. 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. Fine: The money a person must pay as a penalty if they do something illegal or don`t do something they should. Seizure: A legal procedure that allows a portion of a person`s salary and/or assets to be deducted to pay for a judgment. See also direct source deduction, sources of income, payroll deduction.
Termination of parental rights: When a judge or arbitrator makes a decision to terminate a parent or guardian`s rights or obligations with respect to their child(ren). This occurs in a case of child abuse or neglect where the judge or adjudicator finds that a minor is in great danger, or when a young person has been placed in foster care for 15 months out of 22. Huntley Hearing: A hearing in which the court was asked not to use a statement by the defendant based on the idea that the testimony had been obtained illegally. Adolescent: A person younger than the legal age of adulthood, which is usually 18, but in some cases 21. See minor topic. Summons: 1. A court order or subpoena telling the defendant what the charge is. It also asks the accused to appear in court and/or post bail. 2.
Deputy Tribunal: The process by which the court obtains jurisdiction over a person and informs him or her of the proceedings. 3.A group of numbers and letters used to find a case in a law textbook or legal reference. 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. Note: 1. A written notice or warning. 2. A legal document that says something to the other party in a case. Emancipation: A legal way for children to grow up before the age of 18. When a child is emancipated, his or her parents no longer have custody or control over him. See unemancipated children. Legal Aid Society (LAS): A New York-based organization that provides legal representation in many areas of law. Due process: The government`s duty to follow the rules in court proceedings.
The U.S. Constitution guarantees due process. This means that a person`s life, liberty or property cannot be brought to justice without their day in court. Exempt property: Property of a person who owes money protected by law in order not to be taken to pay the judgment. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. Legal separation: A written and signed agreement between spouses in which they live separately while remaining married. This formal agreement is filed when the divorce is filed. 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. Stand: The right to participate in a case because you have a legal claim or want to enforce a duty or right. Family Court Legal Service: The Office of Children`s Services Administration, which provides legal services for matters referred by the Social Services Commissioner. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Garnishment of wages: 1. Legal steps to obtain from the employer of a judicial debtor that he withhold part of his salary in order to satisfy a judgment. 2. Money withheld by an employer to pay an employee`s debts. Power of attorney: A document attesting that one person can legally act on behalf of another.
Hearing: A formal trial in which the judge and all parties are in court, but there is no jury. Testimony may be given, evidence reviewed and/or legal arguments presented to assist a judge in deciding an issue in a case. A statement that a person claims to be true and correct (but without reference to God). Insurance has the same legal effect as an oath. Written statements submitted to the court outlining a party`s legal or factual allegations about the case.