Malicious Law Enforcement: A lawsuit brought without probable cause or legal justification to harass a defendant. Contracts or leases where both parties still have obligations to perform. If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). 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. Two sentences for more than one offence to be served at the same time, not consecutively. The defendant has the advantage of not doubling his mandate, as is the case for successive mandates. Such a judge`s decision is usually the result of leniency or plea bargaining. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Product liability: An area of law that deals with the liability of manufacturers or sellers of goods that cause harm or injury to consumers. LawInfo.com National Directory of Bars and Legal Consumer Resources A conspiracy is the criminal planning and execution of illegal activities by two or more people. A person who accepts a rental or rental agreement with one or more other persons who will also occupy the premises.
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 claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place in the context of insolvency proceedings. Grand jury: A jury met to hear evidence and decide whether to lay charges (criminal charges). Grand juries have investigative and subpoena powers. Guardian: A person who has been entrusted by law with custody and control of the person or property of a ward. Are you a lawyer? Visit our professional website ยป Written statements submitted to the court describing a party`s legal or factual claims about the case. Rejection: The voluntary recusal or withdrawal of a judge from an ongoing proceeding due to an appearance of bias or lack of impartiality. A fraudulent transfer of a debtor`s assets or for which the debtor receives less than the value of the transferred assets. Continuation: Temporary suspension or postponement of legal proceedings. Being injured by a crime, and then entering into an agreement with the person who caused the damage caused by the injured person, is not reported to the authorities in exchange for money or other compensation.
This often equates to accepting a bribe for silence. The patient is injected with positrons and then, once the positrons have become effective, glucose is administered by intravenous infusion. When sugar reaches the brain, the analysis measures normal patterns of abnormal use. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. 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. A crime punishable by death. This type of crime is called “capital crime”. The type of death penalty varies from state to state. Many states use lethal injections. The types of crimes punishable by death vary from state to state.
In many states, murder is found if the murder was premeditated or when the murder took place in special circumstances, such as with an automatic weapon, if the victim is an officer or official of the state, or in cases of treason. In almost every state, a capital crime leads to detention without bail. A court decision in a previous case with facts and points of law similar to a dispute 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. Jury selection is an essential part of the right to a fair trial. In a criminal trial, the prosecutor or defense attorney has the right to remove a jury from the jury session. If this happens for a legitimate reason such as harm, the basis for the challenge is the reason. If the juror is dismissed without reason, it is called a compelling challenge.
Typically, each party receives a number of compelling challenges. The goal is to choose a fair jury for both parties; Or, like many jury trials, unfair to both parties. 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. Clause: A paragraph or subdivision of a legal document, such as a contract. 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. Lawyer: A person who provides legal advice, assistance or reasoning on behalf of a party before a court or tribunal; a lawyer. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime.
See also Indictment and United States Prosecutor. A prima facie case: A case in which sufficient evidence has been presented to allow a jury or judge to make a final decision, unless it is overcome and rebutted by other evidence. Remedy: recourse to damages or claim legal action. 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. Question of fact: A question of fact submitted to the jury or judge in a court case for decision. Other advantages of CT scans include its cost-effectiveness (compared to MRI) and its ability to distinguish soft tissue lesions regardless of structures adjacent to the image itself. 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 (p. 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. As with X-rays, CT scans are not limited to a single area of the body, but are used everywhere. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. Advise a debtor on the preparation of a budget and the payment of debts.
A court order ordering a custodial sentence after the defendant has been convicted of a crime. 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. 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 chapter of the Insolvency Code dealing with cross-border insolvency cases. See: The process of questioning potential jurors by the court or lawyers to determine their qualifications to serve as jurors and to uncover biases or conflicts of interest. 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. 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.) Suspension: Temporary suspension of legal proceedings by court order. A mitigating factor in a crime that is supposed to be caused by passion rather than specific intent. To make this claim, the defendant must prove that he was provoked in a state of passion and without having time to think or calm down. Breach of contract: Non-performance of a contractual obligation without legal excuse. Immunity: An exemption from prosecution for a witness to answer questions that might otherwise not be disclosed because of the constitutional privilege of self-incrimination. Intrusion: Unlawful interference with the use of another person`s property.
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.