Incapacity: Lack of sufficient legal, physical or intellectual strength to perform an action. Study of the law and the structure of the legal system Continued: Temporary suspension or postponement of judicial proceedings. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature.
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. 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 explanations in this guide are not intended to be direct alternatives. While we hope that the statements will prompt lawyers to ensure that they only use legalese when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. Legal issue: Controversial point of law subject to a court decision. To define a legal term, enter a word or phrase below. Governmental body empowered to settle disputes.
Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Informed consent: Consent after full disclosure of constitutional and other legal rights that affect whether consent is given. 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. 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. Clause: A paragraph or subdivision of a legal document, such as a contract. Lawyer: A person who provides legal advice, assistance or reasoning on behalf of a party before a court or tribunal; a lawyer. Breach of contract: Failure to comply with a contractual obligation without legal excuse. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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.
Execute: to complete a legal document, for example by signature. The wording of the act is changing. Many lawyers now adopt a simple English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to be useful in two ways: case law: the collective legal system, including case law; the philosophy of law. Testimony: The testimony of a witness or party under oath in a judicial proceeding or testimony. Remedy: recourse to damages or claim legal action. 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. 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. 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. Expert witness: A witness with trained training or experience who is authorized to testify in a legal proceeding.