Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge. Contracts or leases in which both parties still have obligations to fulfill. If a contract or lease is enforceable, a debtor can accept it (keep the contract) or reject it (terminate the contract). see dire – The process by which judges and lawyers select a small jury from among those who have the right to serve by questioning them to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. „To see said” is an expression that means „to tell the truth”. Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Written statements submitted to the court describing a party`s legal or factual allegations about the case. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of title 11 of the United States Code. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time.
The chapter of the Bankruptcy Act, which provides for „liquidation”, i.e. the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a „resource test.” The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7. A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means „appealing” or „appealing”. The person appealing is called a „complainant”; the other part is the „Appealee”. In criminal law, the constitutional guarantee guarantees the accused a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens freedom or property.
Legal advice; A term that is also used to refer to lawyers in a case. 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 for which the court has jurisdiction to rule on cases. Habeas Corpus – A memoir often used to bring a prisoner to court to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to detain a person in court to testify or be prosecuted. To define a legal term, enter a word or phrase below. Common Law – The legal system that originated in England and is now used in the United States.
It is based on court decisions and not on laws adopted by the legislator. Case Law – Using court decisions to determine how other laws (e.g., laws) should be applied in a particular situation. For example, a court of first instance may use an earlier Supreme Court decision that presents similar problems. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A group of citizens who hear the evidence presented by both parties to the court and investigate the disputed facts. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal guidelines. Now, without the possibility of probation, the custodial sentence imposed by the court is the real time the person spends in prison.
A claim for which no specific value has been determined. Government agency with the authority to resolve disputes. Judges sometimes use the term „court” to refer to themselves in the third person, as in „The court has read the pleadings”. Grand Jury – A group of citizens who listen to evidence of criminal allegations presented by the government and determine if there are likely reasons to believe that the crime was committed. As it is used in federal criminal cases, „the government” refers to the lawyers in the U.S. Attorney`s Office who are prosecuting the case. Grand jury proceedings are closed to the public and the person suspected of having committed the crime is not allowed to be present or to have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. Section 707(b)(2) of the Insolvency Code applies a „resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Insolvency Code that requires the dismissal or conversion of the case (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000.
The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. A group of 16 to 23 citizens who listen to evidence of criminal charges presented by prosecutors and determine if there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. A function of the federal courts that takes place at the beginning of the criminal justice trial – after a person has been arrested and charged with a federal crime and before being tried. Pre-trial officials focus 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 whether these people are likely to flee or pose a threat to the community. When the court orders release, an investigative officer supervises the person in the community until they return to court. The judge who has primary responsibility for the administration of a court; Chief Justices are determined by seniority Resources include monolingual and bilingual reference materials for legal terminology developed by courts, stakeholders and academic organizations.