Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the majority opinion`s decision, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also the previous one. The informal name of Title 11 of the United States Code (11 U.S.C.
§§ 101-1330), the Federal Bankruptcy Act. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher” as set out in the Insolvency Act. In criminal law, the constitutional guarantee that an accused will receive 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 formal application for protection under federal insolvency laws. (There is an official form for bankruptcy filings.) Jurisdiction – (1) The statutory power of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous jurisdiction over the same case. Some issues may be heard in state and federal courts. The plaintiff first decides where the lawsuit will be brought, but in some cases the defendant may try to change courts.
2. The geographical area in which the General Court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide one case arising from lawsuits in that state. brief – A formal written order of the court that requires the execution of a specific act. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Most state constitutions contain language similar to that of the Sixth Amendment. In many state codes of criminal procedure, the indictment serves to protect the constitutional rights of the accused. In Louisiana, for example, the purpose of a newsletter is to inform a defendant of the nature and cause of the allegation against him, as required by the Louisiana State Constitution (State v. Stevenson, 2003 WL 183998 [La.
App. 2003]). The law as defined in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. The formal written statement of a defendant in a civil case that responds to a complaint and articulates the grounds of defence. (n.1) In legal terms, indictment means formally charging someone with a crime, either by grand jury indictment or by indictment by a district attorney. 2) An allegation of misconduct by a layman. A written statement filed through a court or appeal process that explains the legal and factual arguments of one page. A lawyer hired full-time by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with the Criminal Law Act. A formal accusation by a prosecutor that the accused has committed a crime.
See also Indictment. The study of law and the structure of the legal system A person or company that files a formal complaint with the court. A formal criminal complaint against a person accused of committing a criminal offence, which is submitted to a court or judge charged with investigating the alleged crime. habeas corpus – A memoir commonly used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason for incarceration would file a habeas corpus application. It can also be used to bring a person into custody in court, to testify or to be prosecuted. A court decision in a previous case with facts and legal issues similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use the 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 tried incorrectly or that it differed significantly from the current case. A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal duty that caused harm to the plaintiff.
Written statements filed with the court outlining a party`s legal or factual allegations about the case. Non-insolvency proceedings in which a claimant or creditor attempts to submit its claim to a debtor`s future salary. 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. 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 legislature. The Sixth Amendment to the Constitution provides, in part, that a person charged with a crime has the right to be “informed of the nature and cause of the indictment.” Therefore, in any federal prosecution, the law that establishes the crime in the indictment must define the offence in sufficiently clear terms so that the average person is informed of the actions that fall within its scope. The prosecution must also inform the accused, in clear and unambiguous language, of the offence with which he or she is charged under the law. A defendant has the same rights when charged with violating state criminal law, since the due process clause of the Fourteenth Amendment applies the guarantees of the Sixth Amendment to states.
The document in which the indictment is set out – such as an indictment, denunciation or complaint – is called an indictment. 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. 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. Bail – security for the release of a criminal accused or a witness to pre-trial detention (usually in the form of money) to guarantee his appearance on the agreed day and 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 over which the court has territorial jurisdiction to rule on cases. 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.
Common law principles can be changed by statute. A written and textual record of what has been said, whether in a proceeding such as a trial or during another formal conversation, such as a hearing or oral testimony, the Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: An accusation is informal that a person has committed an illegal or immoral act.