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 (the Bankruptcy Code). A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. The study of the law and the structure of the legal system Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on his claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. A person who makes a textual recording of what is said in court, usually using a stenographic device, shorthand or audio recording, and then makes a transcript of the proceedings upon request. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges „generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
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. Written statements submitted to the court describing a party`s legal or factual allegations about the case. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. A written and textual record of what was said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or oral testimony, of a government agency empowered to resolve disputes. Judges sometimes use the term „court” to refer to themselves in the third person, as in „the court read the pleadings.” In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property.
A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. Civil lawsuits in relation to „justice” and not „law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate „justice” court could order someone to do something or stop doing something (p.B. injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in „legal cases,” but not in „equity cases.” 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 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. Income that is not reasonably necessary for the maintenance or support of the debtor or dependents. When the debtor carries on a business, disposable income is defined as amounts that exceed what is necessary to pay for ordinary operating expenses. The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a „family farmer” or a „family fisherman”, as defined in the Bankruptcy Code. A bankruptcy petition filed by a husband and wife together. A claim or receivable for which a creditor does not have a special payment guarantee, such as. B a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency. A claim that may be owed by the debtor in certain circumstances, for example. B if the debtor is a co-signer of another person`s loan and that person does not pay. A set of questions that the debtor must answer in writing, regarding sources of income, transfers of ownership, actions of creditors, etc.
(There is an official form that a debtor must use.) Objection of a trustee or creditor to the debtor`s attempt to claim certain immovable property as exempt from liquidation by the trustee from creditors. Bankruptcy judges on regular active duty in each district; a unit of the District Court. An exemption from a debtor`s personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal responsibility for certain debts known as excusable debts and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to recover the debt. The relief also prohibits creditors from communicating with the debtor about the debt, including by telephone, letters and personal contacts. The agreement (or transformation) of a debtor`s assets so that the debtor can make maximum use of the exemptions. (Pre-insolvency planning typically involves the conversion of non-exempt assets into tax-exempt assets.) A debt payment to a creditor within 90 days of a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. A procedure in a Chapter 7 case where a debtor removes a secured creditor`s lien on a security by paying the secured creditor the value of the asset. The debtor can then retain ownership. A federal judge who, after reaching the required age and duration of judicial experience, assumes the status of a senior judge, thereby creating a vacancy among the active judges of a court. A high-ranking judge retains the function of judge and can reduce his workload by up to 75%, but many opt for a greater number of cases.
The judge`s position. Under the law, Congress approves the number of judges for each district and court of appeal. Oral evidence presented by witnesses at hearings or before grand juries. A district court may give each party in a civil or criminal case the right to exclude a certain number of potential jurors without giving reasons. 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 juror who is chosen in the same way as an ordinary juror who hears all the evidence, but who does not help decide the case, unless asked to replace a regular juror. An agreement by a debtor to continue to settle an excusable debt after bankruptcy, usually for the purpose of preserving collateral or pledged property that would otherwise be taken over. Latin, which means „of your own free will.” It is often a court that acts in a case without either party asking it to do so.
A lawsuit filed by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. The official indictment of a grand jury stating that there is sufficient evidence that the accused committed the crime to warrant a trial; It is mainly used for crime. See also Information. 1. The point of dispute between the parties to a dispute; 2.
Ship officially, as with a court issuing an order. .