“Litigation”. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20proceedings. Retrieved 27 September 2022. 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. 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. Act of a court annulling the decision of a lower court. Lifting is often accompanied by pre-trial detention before the lower court for further proceedings. 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.
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. Add lawsuits to one of your following lists or create a new one. 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 right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. A written statement filed in court or an appeal that explains a party`s legal and factual arguments.
A protocol that contains the complete history of each case in the form of short chronological entries summarizing the legal proceedings. 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. A written record of the proceedings in a case, including all pleadings, evidence and evidence presented during the proceedings. 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 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties.
The study of the law and the structure of the legal system Any manner in which a debtor disposes of or disposes of his assets. Evidence suggesting that an accused did not commit the crime. The formal grand jury indictment, which states that there is sufficient evidence that the accused committed the crime to warrant trial; It is mainly used for criminal offences. See also Information. A person who is asked by a party to a lawsuit to testify in court or jury. Latin, which means “in law”. Something that exists by law. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. A declaration by a debtor under Chapter 7 regarding plans for dealing with consumer debts secured by estate assets.
A special condition imposed by the court requires a person to work – without pay – for a civil or non-profit organization. Approval of a restructuring plan by an insolvency judge. A detailed description of a debtor`s intention to settle creditors` claims over a period of time. A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. Bankruptcy judges on regular active duty in each district; a unit of the District Court. A particular type of Chapter 11 case where there is no creditor committee (or the creditor committee is deemed inactive by the court) and the debtor is subject to stricter supervision by the U.S. trustee than other Chapter 11 debtors.
The Insolvency Code contains certain provisions to shorten the period of bankruptcy of a debtor of a small business. The rules for the conduct of a dispute; There are rules of civil procedure, criminal procedure, evidence, bankruptcy and appeal. A written statement instituting civil proceedings in which the plaintiff describes in detail the claims against the defendant. Legal advice; A term that is also used to refer to lawyers in a case. Latin, which means “new”. A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. An action that prevents the subsequent filing of an identical action. A debt secured by an asset that is worth less than the amount of debt.
An injunction that automatically stops lawsuits, seizures, seizures and most collection activities against the debtor as soon as a bankruptcy application is filed. 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 secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor. The political decision-making body of the federal judicial system. A panel of 27 judges chaired by the Chief Justice of the United States. A bankruptcy case in which the debtor is a company or an individual who has an interest in a business and the debts are intended for commercial purposes. Goods of all kinds, including real and personal, tangible and intangible. A complete collection of all documents submitted to the court in a case.
A federal judge appointed for life, during “good conduct”, according to Article III of the Constitution. The judges referred to in Article III shall be appointed by the President and confirmed by the Senate. 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.
