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. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. Argue is the corresponding verb. This means participating in a dispute or presenting a specific argument (in a dispute). The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. 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. 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. 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.” Another type of litigation arises when one party believes it is being exploited or even defrauded by the other party. An example of this type of litigation is the numerous lawsuits filed by music artists against record companies. For example, a band may not want a record company to take individual songs from its albums and sell them individually digitally. A band could also sue its record company for a higher percentage of record sales. 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. The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority A written statement filed in a judicial or appellate proceeding that explains a party`s legal and factual arguments. The obligation to prove the disputed facts.
In civil cases, a plaintiff generally bears the burden of proving his or her case. In criminal cases, the government has the burden of proving the guilt of the accused. (See standard of proof.) 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. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. 1. The question of the dispute between the parties to the dispute; 2. Send officially, as in a court that makes an order.
Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. 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. Legal advice; A term that is also used to refer to lawyers in a case. Dispute resolution is the process of resolving disagreements between the parties. There are three basic types of dispute resolution: mediation, arbitration and litigation. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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 request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language.
The terms are listed alphabetically and can be best accessed by selecting a letter here: Sometimes a dispute involves a company`s naming rights, website domain names, or property rights. People and businesses sue each other for the property or property rights they both want. The circumstances and facts in such cases may be different and convoluted, and it may take months before legal systems are clarified. These cases range from patent or copyright infringement to families suing each other over a parent`s estate. 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. Grand jury – A panel of citizens who hear evidence of criminal charges presented by the government and determine whether there are probable reasons to believe the crime was committed. As used in federal criminal cases, “the government” refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. 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.
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. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. 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. 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.
