What Is a Setting in Legal Terms

What Is a Setting in Legal Terms

The Study of Law and the Structure of the Legal System Habeas Corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. 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. 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. 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. A written and textual record of what has been said, whether in a proceeding such as a trial or during another formal conversation, such as a hearing or oral testimony, 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 be best accessed by selecting a letter here: The act of a court that overturns the decision of a lower court. Lifting is often accompanied by pre-trial detention before the lower court for further proceedings. 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 records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. 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. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. A: A hiring is usually an appointment for a lawyer to call the court and set a future hearing date. 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. Income that is not reasonably necessary for the maintenance or support of the debtor or dependants. When the debtor is carrying on a business, disposable income is defined as amounts greater than what is needed to pay ordinary operating expenses. A: The next hearing date. Sometimes a case can be defined for “hiring,” meaning that on the next hearing date, it will appear on the court transcript for.

Say a trial or application hearing. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. 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. 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. 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 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.

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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court.

(2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. 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. Opposition by a trustee or creditor against the debtor`s exemption from personal liability for certain excusable claims. Common reasons are allegations that the debt to be settled arose under false pretenses or that the debt arose from the debtor`s fraud in the course of his trustee activity. 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). The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority. A full-time judge of the court. Compare with Senior Judge. v. in litigation practice, so that a judge agrees that a lawyer`s objection, for example on a question, is valid.

Thus, a lawyer asks a question to a witness, and the opposing lawyer disagrees, saying that the question is “irrelevant, intangible and incompetent”, “suggestive”, “argumentative” or some other objection. If the judge agrees, he or she will decide “uphold,” which means that the objection is approved and the question cannot be asked or answered. However, if the judge finds that the question is correct, he will “dismiss” the objection. A complete collection of all documents submitted to the court in a case. Injunction – Prohibits a person from engaging in any act that is likely to cause irreparable harm. This differs from an injunction in that it can be issued immediately, without notifying the opposing party and without being heard. It should last only until the oral proceedings can take place.