Words That Are Legalese

Words That Are Legalese

Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Burden of proof An obligation imposed on a party to prove or refute a case. For example, in criminal proceedings, the burden of proof lies with the prosecution in order to prove beyond a doubt that the accused is guilty. If the prosecution fails to meet its burden of proof, the accused is found not guilty. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. An agreement by which a debtor agrees to continue to pay an excusable debt after bankruptcy, usually for the purpose of retaining security or mortgaged property that would otherwise be repayable. Common legal terms include the following, which we have covered in this lesson: An agreement between two or more people that creates an obligation to do or not to do a particular thing. Mens rea In Latin, it translates to “guilty spirit” and refers to the state of mind of a person who makes his action a crime. Common mental states are intention, knowledge, or foresight.

For example, if you take someone else`s property knowing that it does not belong to you, the act becomes a crime. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. Words and phrases can have different meanings for different people. Someone who lives in the city might say, “I`m going to the city. Anyone who lives in the area knows you want to go to the supermarket a mile away. However, a stranger could be confused by this clue.

In the legal profession, this type of misinterpretation can have negative consequences. A judge`s statement about a person`s rights. For example, a plaintiff may seek a declaration that a particular law, as drafted, violates a constitutional right. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. Novus actus interveniens In Latin, this translates to “a new action in between.” This is usually used when examining the cause of an event and refers to an intermediate action that breaks the causal chain. Caveat emptor In Latin, it translates to “make the buyer look”. This refers to the principle that the buyer is responsible for checking the product before buying it. Part of the reason why legal language may seem so unknown to a layman is that a word or phrase may have a very specific meaning in law that is completely different when used outside of it.

When common words are used, it can be confusing to know in what context the word or phrase is used. For example, we can often use discovery and damage in our daily lives, but these words have a more specific meaning when it comes to the law. The most widely used test for assessing undue hardship related to the excusability of a student loan includes three conditions: (1) the debtor cannot maintain a minimum standard of living based on current income and expenses if it is required to repay the loans; 2. it appears that the situation is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans. A person may want to unlock their phone, but can`t because they haven`t paid their bill. It is included in the Terms and Conditions, but the customer may have skimmed these Terms and Conditions only because he thinks they are too complicated or do not apply. In this case, the legal language protects the company, but if the legal language is not explained or the customer does not read the contract in its entirety, the customer may feel mistreated. Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt.