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 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. 1. The question of the dispute between the parties to the dispute; 2. To be sent officially, such as in a court that makes an order. The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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. 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. Order to force a physical examination to determine a person`s health or injury. Also known as a physical or mental examination order. Under section 35 of the Federal Rule of Civil Procedure, a party may obtain an order for physical or mental examination if the person`s condition is contested in this case. FRCP Rule 35. In Sibbach v. Wilson, the Supreme Court concluded that an order for physical or mental examination is a rule of procedure and that, therefore, Rule 35 of the FRCP applies. Such an inquest order may be enforced, among other things, if a defendant in a bodily injury proceeding wishes to confirm the plaintiff`s injuries (see Sibbach) or if a court must determine the mental illness of a criminal defendant.
See People v. Wilburn. n. the opportunity for counsel (or an unrepresented party) to ask questions of the court about a witness who testified on behalf of the opposing party. The questions in cross-examination are limited to the topics discussed during the direct examination of the witness, but it is important that counsel be able to ask guiding questions in which they can suggest answers or put words into the witness` mouth. (For example: “Is it not true that you, Madam. Jones said she didn`t do anything wrong? “, which compared to “Did you say anything to Ms. Jones? Rigorous cross-examination (often referred to as “crusader” by lawyers and judges) can force contradictions, expressions of doubt, or even the complete erasure of a witness` carefully repeated prior testimony.
On the other hand, repeating the testimony of a witness, who is vehemently defended, can enhance his credibility. 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. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community.
If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. 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. 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. 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 special condition imposed by the court to require a person to undergo an examination and treatment for a mental disorder. Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. In civil law systems, legal procedures vary from country to country. Questioning usually begins with the judge hearing the witness. In some countries (e.g.
Germany), the witness can then be questioned by lawyers for both parties. In France, lawyers` questions to witnesses may only be put through the President of the Court. A sentence imposed by a court of law on an accused convicted of a crime. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. (n.1) the examination of a witness by counsel. Direct examination is the examination by the lawyer who called the witness, and cross-examination is the examination by the opposing lawyer.
A key difference is that a lawyer who asks questions of his own witness cannot ask “suggestive” questions that put words in the witness` mouth or suggest the answer, whereas in cross-examination he may ask a question that appears to contain an answer or suggest language that the witness can use or accept. 2) in bankruptcy, questions put to a debtor by the judge, receiver, lawyers or even creditors to determine the state of the debtor`s affairs. (3) In criminal law, a preliminary inquiry is a hearing before a judge or other judge to determine whether an accused accused of a crime should be brought to justice. As a rule, this decision is made by a lower court, and if there is strong evidence that a crime was committed by the accused, the accused is bound to the competent court to be tried, but otherwise the charge will be dismissed by the judge. The chapter of the Insolvency Code dealing with cross-border insolvency cases. A court order requiring the debtor to appear in court at a specified date and time to answer questions about their property and sources of income. Also known as a “debit cheque”. Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. 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. Questioning, in law, of the examination of a witness by lawyers or by a judge. In Anglo-American proceedings, an examination usually begins with a direct examination (called examination-in-chief in England) by the party who called the witness.