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. Written notification by an official given to a person or published in accordance with legal requirements that he or she has been designated as a party to a dispute or has been charged with a criminal offence. The procedure consists of a summons to appear, a summons or an arrest warrant accompanied by a copy of the complaint or other procedural acts. Determination of a controversy by a third party chosen by the two opposing parties who agree to comply with the decision of the third party. A new trial or trial of all matters before another division of the same district court (court of first instance) following a trial before a judge of the division who has initial jurisdiction to hear and decide the issues first. The right to a de novo trial in Missouri is generally limited to cases heard without a jury in the Associated Circuit Division of the District Court. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. The chapter of the Bankruptcy Act, which provides for “liquidation”, i.e. the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a “resource test.” The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7.
A lawsuit to establish the legitimate owner(s) of a property. legal advice; A term also used to refer to lawyers in a case. Term used to refer to the clerk`s bank account, where money is deposited by litigants and kept until further notice from the court. Habeas Corpus – A memoir often 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 to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. A prosecution based on private injustice, as opposed to a crime, or to enforce rights through private or non-criminal remedies. All judicial proceedings that are not criminal proceedings are civil actions. 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. When this happens, the borrower is sometimes able to get better terms than with a foreclosure, such as: if the mortgage holder cancels all debts that are not covered by the value of the property. Mortgage holders are motivated to do so because they save money on legal fees, and these transfers tend to be processed faster than foreclosure. A term that is no longer used.
See Certificate for registration status. In criminal law, pre-trial negotiations between the defense and the prosecution to obtain a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a less serious crime or plead guilty to one or more counts, but have others released, or the prosecutor may agree to recommend a specific sentence. The terms of a negotiated plea must be determined in open session and are only effective if approved by the trial judge. 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. A court case to enforce the payment of a debt by the sale of real estate in which the creditor holds a privilege. 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. Case Law – Using court decisions to determine how other laws (e.g., laws) should be applied in a particular situation. For example, a court of first instance may use an earlier Supreme Court decision that presents similar problems. The act of termination of a marriage; divorce; does not include cancellation.
A group of 16 to 23 citizens who listen to evidence of criminal charges presented by prosecutors and determine if there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. 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). The term “instead of” is used by British employers in a different way: a “day on the spot”. This is to give an employee an extra vacation day instead of paying them for overtime. The court`s investigation to determine if there is a legal reason why the sentence should not be imposed. A lawsuit or legal proceeding against a particular property. Literally: “You have the body.” The name has received a variety of pleadings, the purpose of which is to bring a person before a court or judge. In the broadest sense, it is addressed to the official or person holding another and orders the official to present the body of the prisoner or detained person so that the court can determine whether that person has been deprived of liberty without due process. 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.” The judge who has primary responsibility for the administration of a court; Chief Justices are determined by seniority A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. A “marriage” of a man and a woman who live together without the formalities or legality of marriage; is not recognized in New Mexico. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge. A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. 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 common use of this term in the United States is a legal agreement called an “act instead of foreclosure.” This is used when a borrower`s property is at risk of foreclosure; The borrower and the mortgage holder sign a contract to transfer ownership instead of allowing foreclosure. In this way, the borrower prevents his creditworthiness from being affected as much as would have been the case with a foreclosure.