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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. Of the same value. Sometimes a condition must be reached literally in forma specifica; however, some may be filled by a per oequi poland equivalent if this appears to be the intention of the parties; since I promise to pay you a hundred dollars and I will die, let my executor fulfill my obligation; for it is synonymous with you whether the money is paid to you by me or by him. In patent law. Any action or substance known in the prior art as an appropriate substitute for another action or substance used as part of the invention, the replacement of which by this other action or substance does not alter the idea of the means. It has three characteristics: it must be able to fulfil in the invention the same function as the act or substance of which it takes the place; it must relate only to form or incarnation and must in no way interfere with the idea of the means; and it must have been known to the skilled person at the time of the patent, since it is endowed with this ability.
Are you a lawyer? Visit our professional website » The FindLaw Legal Dictionary – free access to more than 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. LawInfo.com Nationwide Bar Directory and Legal Consumer Resources Latin, meaning „in law“. Something that exists by law. 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. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Abogado.com The #1 Spanish Legal Site for Consumers Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge.
The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. The study of the law and the structure of the legal system A court decision in a previous case with facts and questions of law similar to a trial currently pending in court. Judges generally „follow precedents,“ that is, they use 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 ill-decided or that it differs significantly from the current case. Note: Under patent law, the owner of a patent may bring an infringement action against the inventor of an equivalent. 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.
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. In criminal law, the constitutional guarantee 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 liberty or property. The judge who has primary responsibility for the administration of a court; Presiding judges are determined by seniority Like an injunction, this is a short-term order by a judge prohibiting certain acts until a full hearing can be held. Often referred to as TRO. A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people.
The civil juries of the Confederation are composed of at least six persons. Thesaurus: All synonyms and antonyms for equivalent Latin, meaning „for the court“. In appellate courts, it often refers to an unsigned opinion. 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. Generally refers to two events in individual bankruptcy cases: (1) the „individual or group briefing“ of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the „Personal Financial Management Course“ in Chapters 7 and 13, which an individual debtor must complete before debt relief 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 required advice.
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. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A claim for which no specific value has been determined. French, which means „on the bench“. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges.
A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. Latin, which means „of one`s own will“. Often designates a court acting in a case without either party asking for it. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. Legal advice; A term that is also used to refer to lawyers in a case. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Section 707(b)(2) of the Insolvency Code applies a „means test“ to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13).
Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income.