vice versa – When an appellate court overturns a lower court`s decision due to an error. Overthrow is often followed by pre-trial detention. For example, if the defendant has argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case is withdrawn so that the trial court can reconsider the case without that evidence. Rejection: rejection of an application or action, temporarily or permanently, without further hearing or review by means of a decision to dismiss. Transfer: The presentation of a signed written order to the court office. The chapter of the Insolvency Code, which provides for the settlement of debts of a « family farmer » or « family fisher », as defined in the Insolvency Act. Order: instruction of the court to rule on a question ancillary to the main proceedings or to rule on the case itself; In this case, it is a final decision. Injunction – A court order prohibiting (or enforceing) the performance of a specific action to prevent irreparable harm. Sealing of documents: The production of documents that are only available to the public by court order. Sanction: order sanctions or penalties for violation of a rule of law or procedure or the sanction for such a violation. Possibility of conviction in federal courts. With probation, instead of sending a person to prison, the court releases the person into the community and orders them to undergo a period of supervision supervised by a U.S. probation officer and comply with certain conditions.
The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. A sentence imposed by a court of law on an accused convicted of a crime. Trade secret: Any formula, process, plan or mechanism developed and used in relation to a business and kept private or secret in order to gain an advantage over competitors. Search warrant – Ordering that a specific place be searched for items that, if found, can be used as evidence in court. Search warrants require a valid reason. MRIs are particularly effective in diagnosing traumatic brain injury and other abnormalities affecting brain tissue. Its use is not limited to the brain, and MRIs are often used to diagnose problems with the spine, eyes, liver, kidneys, pancreas, pelvic structures, temporomandibular joint, liver and spleen, pericardium, heart and various joints. Monopoly: An association formed to directly or indirectly control a particular industry or trade in order to reduce or eliminate competition, which is generally contrary to antitrust law. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. Certiorari Order – An order of the Supreme Court directing the lower court to provide documents for a case for which it is being heard on appeal. As a general rule, the Supreme Court is not required to hear appeals.
The Supreme Court`s refusal of the « certificate » confirms the previous decision. Specific benefit: A remedy available to an aggrieved party if the remedy is inadequate, under which a defendant may be required to pay under the terms of a contract instead of paying damages. Prejudiced: a term used in judgments indicating that a claim or action has been irrevocably dismissed and that the only remedy available thereafter is an appeal. Injunction: A court order or injunction that requires a party to perform or abstain from certain actions. Implicit: When the intention of the parties is not obvious by direct terms, but results from related circumstances or behaviour. Affirmative – judgment of the courts of appeal, if the decree or order is validated and applies in the version decided by the lower court. Show cause order: A court order requiring a party to appear and prove why certain remedies should or should not be granted. The chapter of the Insolvency Code dealing with cross-border insolvency cases.
Sentencing – The sentence ordered by a court for an accused who has been convicted of a crime. Federal courts follow the direction of the U.S. Sentencing Commission when deciding on the appropriate sentence for a particular crime. Special conditions imposed by the court to compel a person to undergo an examination and treatment for a mental disorder. Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. An unsecured claim that is entitled to be paid before other unsecured claims that do not have priority. Priority refers to the order in which such unsecured claims are to be paid. Arrest warrant – A written order ordering the arrest of a party.
Arrest warrants are issued by a judge after a probable reason has been proven. The law is the written rule of a great authority such as the government or a state to maintain order. It is a set of rules for the good of the social order. 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. 1. The question of the dispute between the parties to the dispute; 2.
To be sent officially, such as in a court that makes an order. Fraud Status: The requirement that certain types of contracts be written to be enforceable. Examples include contracts for the purchase or sale of land and contracts which, because of their terms, cannot be executed within one year. Writ of assistance: An order issued by a court to enforce its judgment or judgment. Cancellation: Annul, annul or revoke a previous court order or decision. Court Order: Any judgment or order of a court of competent jurisdiction. Chapter of the Insolvency Code that provides for « liquidation », i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a « means test ».
The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Enforcement order: An order made to a sheriff or other law enforcement officer to collect and enforce the property of a judicial debtor in order to comply with a judgment. Suspension: Temporary suspension of legal proceedings by court order. A written court order ordering a person to do or refrain from doing a particular 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. 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 viewed by selecting a letter here: Arbitration: The final decision, promulgation or judgment of a court or other tribunal. Injunction – Prohibits a person from engaging in any act that is likely to cause irreparable harm. This differs from an injunction in that it can be issued immediately, without notifying the opposing party and without being heard. It should last only until the oral proceedings can take place.
Latin, which means « you have the body ». A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. An order of the U.S. Supreme Court ordering the lower court to provide documents for a case it will hear on appeal. 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. Review: review by a court of appeal of decisions, orders and proceedings of a lower court; reconsideration. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. One area of continued use of EEG is monitoring of seizure disorders. Because an EEG detects abnormalities in electrical activity, it is an effective tool for diagnosing seizures. EEG may also be useful in assessing the effectiveness of drug treatment of seizures.
Option: An open offer to sell that must be accepted by the option beneficiary under the terms of the option, and if it is not accepted within the specified time, the right to do so will be forfeited.
