The study of law and the structure of the legal system A full-time lawyer employed by the federal courts to provide legal defense to defendants who cannot afford legal advice. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. Defense Table – The table where the defense attorney sits with the accused in the courtroom. renounce – Waive certain rights or obligations. (Examples: If you « waive » your right to a lawyer, you waive that right. You can also ask the court to « waive » the fees if you can`t pay them. The court then waives its right to collect fees from you.) Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses that are unable to pay their debts and seek the court`s help in making a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts by potentially paying a portion of each debt. Bankruptcy judges preside over these proceedings. Federal Question – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress, and treaties. In some cases, state courts can also decide these issues, but cases can still be brought in federal courts. An order given under the authority of a court to a witness to appear and testify. Protection order, protection order – A court order for a person to behave in a certain way (p.
(e.g., stay away from a victim and their home) and stop violations of laws or court orders; different names may be mentioned in different states, such as injunction, injunction, etc. Bref de certiorari – Order of the Supreme Court ordering the lower court to provide records for a case for which it will hear on appeal. The Supreme Court is generally not required to hear appeals in cases. A rejection of the « certificate » by the Supreme Court leaves the previous judgment in place. A party who objects to a complainant`s appeal and tries to convince the Court of Appeal to uphold the District Court`s decision. Not subject to a court order because the controversy did not actually arise or end An order from the U.S. Supreme Court ordering the lower court to provide records for a case it will hear on appeal. confirmed – judgment of the courts of appeal in which the decree or order is declared valid and applies as decided in lower instance. see dire – The process by which the parties to a trial question and select the jurors for a trial. This can be done differently in criminal cases than in civil cases. The Court of Appeal approves the lower court`s decision and upholds it. See yes.
Petition – An application to a court. (Sometimes called « app. ») Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place. Often referred to as TRO. Perjury – When a person intentionally makes « substantially » false or misleading statements while under oath. Testimony is generally « important » when it relates to important or decisive facts in the case or proceeding. (Note: This is a general definition of perjury. Because perjury can be a crime, actual definitions and criminal penalties can vary from state to state.) 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. Court – place where civil and criminal proceedings take place. competent – be « legally competent » to make decisions. The court may decide whether a person has jurisdiction or incompetent jurisdiction.
If a person has no jurisdiction, the court may appoint a legal guardian to make decisions on their behalf. A claim for which no specific value has been determined. U. Marshal (or bailiff) – apply the rules of conduct in courtrooms. Jury – to inquire about persons selected and sworn in accordance with the law and to make a judgment on questions of fact. Jurors in state courts can be as small as six jurors in some cases. Federal jurors for civil lawsuits must have six jurors, criminal cases must have twelve. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant. Injunction – An order of a court prohibiting (or enforcing) the performance of a particular act in order to prevent irreparable harm or harm. Here you will find definitions for common legal terms.
You can scroll or use the quick navigation bar to select the first letter of the word you are looking for. A case brought before the courts by only one party, without notice or dispute by the other party. Paternity – Paternity. Paternity can be established by legal recognition by the parents or by a court hearing, DNA test, etc. The exact method of determining paternity may vary from state to state. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. Jurisdiction – The power of a court to hear and decide cases. Each court has the power to hear certain cases.
State and federal laws determine what matters the courts can decide and whether the court`s decision is binding on a person living in another state. Generally refers to two events in individual bankruptcy cases: (1) the « individual or group information session » of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the « Personal Finance Management Course » in Chapters 7 and 13, which an individual debtor must complete before a release 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 necessary advice. As provided for in the Criminal Justice Act, an organization established in a federal judicial district to represent defendants who cannot afford an adequate defense. Each organization is overseen by a federal defense attorney appointed by the District Court of Appeals. Written pleadings – Written observations of the parties in a civil case concerning their positions. In federal courts, the most important pleadings are the complaint and the response. in bench – « In the bank » or « full bank ». These are hearings in which all members of a tribunal participate, not the usual quorum. U.S. appellate courts typically sit on panels of three judges, but may be expanded to a larger number in certain cases that they deem important enough to be decided by the entire court.
They should then sit in the bench. 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). A debt that should have been listed by the debtor in the annexes submitted to the court, but was not. (Depending on the circumstances, unplanned debt may or may not be settled.) Pre-trial detention – When an appellate court refers a case to a lower court for a new hearing. The lower court is often required to do something different, but that doesn`t always mean that the court`s final decision will change the testimony – testifying under oath in a court case. A lawsuit in which one or more members of a major group or class of persons or other organizations sue on behalf of the entire group. The district court must determine that the class action claims contain legal or factual similarities before the action can be sued as a class action.
