Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The parties to a dispute settle their dispute without judicial proceedings. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. For cause: with sufficient legal justification to take action. Stare Dicisis: The general rule that courts respect previous decisions and precedents and apply the same principles in each case. Affirmative defence: A written defence of a lawsuit that does not formally contest certain claims in a complaint, but alleges that the plaintiff is not entitled to a judgment based on legal or fair principles, even if the allegations are true. A court case in which the judge annuls a marriage – that is, marital status never existed. Annulment differs from divorce in that a divorce ends a valid marriage. Indispensable party: A person who has an interest in the subject matter of a dispute such that a final judgment cannot be rendered or rendered without that person being a party to the dispute. Suspension: Temporary suspension of legal proceedings by court order. As provided for in the Criminal Law Act, an organization formed within a federal judicial circuit to represent criminal accused who do not have the means to defend themselves adequately.
Each organization is overseen by a federal defense attorney appointed by the county Court of Appeals. As with X-rays, CT scans are not limited to a single area of the body, but are used everywhere. Expedited process: The rule of law resulting from the 6th Amendment to the U.S. Constitution or state constitutions that require that a person accused of a crime be released if law enforcement fails to bring them to justice within the specified time frame. Latin, which means „of one`s own will“. Often designates a court acting in a case without either party asking for it. Lawyer: A person who provides legal advice, assistance or reasoning on behalf of a party before a court or tribunal; a lawyer. When a criminal accused is formally charged with a crime. The accused has the choice of pleading guilty or not guilty.
In some cases, the court grants the defendant a continuation to consult with a lawyer before pleading. This is usually the first court appearance. Transfer of a debtor`s assets with the debtor`s consent. Continuation: Temporary suspension or postponement of legal proceedings. Contributory negligence: The doctrine that a person cannot obtain compensation for bodily injury if his negligence contributed to the cause of the injury. This doctrine has largely been replaced by the doctrine of comparative negligence. Representative: One who acts with the permission of another; an agent. A district court may grant either party to civil or criminal proceedings the right to expel a number of potential jurors without cause or explanation. It`s time for another edition of Legalese From A to Z, which explains the simple English meanings of some common (and unusual) legal terms that non-lawyers may find confusing. A debt that should have been included by the debtor in the lists submitted to the court, but was not.
(Depending on the circumstances, an unexpected debt may or may not be settled.) A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. A person qualified by a state or federal court to provide legal services, including appearing in court. Graduating from law school doesn`t make you a lawyer. The person must generally pass a state bar exam and be accepted as morally fit to practice the law. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. The sale of a debtor`s assets with the proceeds used for the benefit of creditors. 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. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff.
Short for the Americans with Disabilities Act, the federal law that prohibits discrimination in the workplace against employees with disabilities, a history of disability, or employees perceived to be disabled. The ADA only applies to employers who have at least 15 employees. Rejection: The voluntary recusal or withdrawal of a judge from an ongoing proceeding due to an appearance of bias or lack of impartiality. Unjust enrichment: The doctrine that a person should not be allowed to improperly obtain or use another person`s actions and efforts without compensation. Implicit: When the intention of the parties is not obvious by direct terms, but results from related circumstances or behaviour. The lawyer who appeared in court with the client. He remains the registered lawyer and is the official legal representative of the defendant. A lawyer must be exonerated by the court before he can stop working for the client.
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. Judge Advocate: An officer of a court martial who may act as a clerk, prosecutor and/or legal counsel to the court. Fiduciary: A person in a position of trust who has a duty to act responsibly with respect to the money or property of others; a trustee; a person who acts in or in a fiduciary relationship. A fraudulent transfer of a debtor`s assets or for which the debtor receives less than the value of the transferred assets. The chapter of the Bankruptcy Act that provides for the adjustment of the debts of a person with a regular income is often referred to as the „employees“ plan. Chapter 13 allows a debtor to keep their assets and use their disposable income to pay off debts over time, usually three to five years. „In the manner of a poor man.“ Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. A trial without a jury, in which the judge serves as an investigator. Privacy right: A universally recognized right to be left alone and to live one`s life free from unwarranted advertising or interference. The interference with the right to privacy may give rise to a cause of action or tort. 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. A person or company that files a formal complaint with the court.
Incapacity: Lack of sufficient legal, physical or intellectual strength to perform an action. Time is essential: a contractual clause that sets the time of execution and sets the time as critical, so that non-performance within this period constitutes a delay. A name used by someone other than their real name. It is usually used to refer to this other name. It is often used to hide a person`s true legal identity. 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. When PET scan correlates with neuropsychological test results, it becomes an effective diagnostic tool that objectively defines abnormal brain function. Written request from the defendant`s lawyer to a higher court requesting that court to set aside the decision of the court of first instance because of an error of law or because the proceedings were conducted unfairly. Payment of a debt to a creditor within 90 days prior to 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.