Legal fiction. Acceptance of a fact, which may or may not be true, by a judge to decide a legal question. Judgement. An official decision of a court that resolves problems in a court case and determines the rights and obligations of the parties. See also Decree, Decree. Complaint. In the legal sense, the document that an applicant submits to the court that contains allegations and damages claimed. A complaint usually triggers a lawsuit. Opposition procedure. Legal proceedings involving parties with conflicting interests, where one of the parties requests an appeal and the other is against it. Check in. The official collection of all documents submitted to a court in a court case. Declaration.
Judicial decision on the rights of the parties to a legal dispute in order to clarify the legal positions of the parties. Answer. In a civil case, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time, and it gives or denies the factual or legal basis for liability (more generally). Normally, a defendant has 30 days to file a response after receiving the plaintiff`s complaint. In some courts, a response is simply called a “response.” Dicta. Plural of “obiter dictum”. A judge`s remark in a legal opinion that is not relevant to the decision and does not set a precedent. 1) n.
together all lawyers, such as “the bar” which comes from the bar or the railing separating the general area of spectators from the courtroom of the area reserved for judges, lawyers, parties and court officials. A party in a case or a defendant is “in front of the bar” if he is inside the railing. 2) c. to prevent a legal maneuver, as in the case of the “statute of limitations” of a legal action due to the delay until filing. and (3) prohibit and prevent anyone from entering a room, building or property. Contract. A legally enforceable agreement between two or more competent parties, concluded orally or in writing. Arbitration. A mini-trial that can be held instead of a court case and conducted by a single person or a panel of three people who are not judges.
Arbitrators are usually former judges or experienced lawyers. In general, arbitration is more cost-effective and faster than jury trials. Arbitral awards may be converted into a judgment of a court upon application to the court, unless a party has protested against the existence of gross injustice, collusion or fraud. Disabled by a bar; subject to any obstacle or hindrance caused by a bar or barrier which, if interrupted, prevents repair or repair; AS, if it is stated that a claim or cause of action is “time-barred”. Knox County Morton, 68 Fed. 791, 15 C. C. A. 671; Cowan v. Müller, 176 MB.
192, 75 p. W. 606; Wilson v. Knox County, 132 MB. 387, 34 S. W. 45, 477. If a person under the age of 18 is injured on the job and violates a state law regarding minors, that person is entitled to an additional 50% of the compensation rate as additional compensation to be paid by the employer and not by the insurance company. Laws of survival. Legal law that provides that an action continues after the death of a person involved in the action. 1. A declaration of taking responsibility.
2. The short statement at the end of a legal document showing that the document has been properly executed and recognized. Action. In the legal sense, a formal complaint or a lawsuit before a court. Guard. A person who is legally responsible for the care and management of the person or property of an incompetent person or minor. Jurisdiction. The legal right by which judges exercise their authority.
Plenipotentiary. An individual (who is not necessarily a lawyer) who has been authorized by another person to act in his or her place, either for a specific purpose, to perform a specific act, or for the conduct of business in general, which is not of a legal nature. This authority is conferred by a written document called a power of attorney or, more commonly, a power of attorney. Layman. A layman; a non-expert. In law, a person who has not completed formal legal training. Ranking. Send or give a document to an employer or government agency as part of a legal proceeding. The filing date is the date on which the document was received. Plaintiff.
The party complaining or suing; the one who appeals to the court. Also called applicant. Heading. The header of a legal document that lists the parties, the court, the case number and related information. Attack. A deliberate attempt or threat to harm another person, combined with the current ability to inflict an injury on that person that concerns them. Although the term “attack” is often used to describe the use of illegal force, the correct legal term for the use of illegal force is “battery”. Ad Litem.
Latin term for disputes. For example, an ad litem guardian is a person appointed by the court to protect the interests of a minor or a person legally incompetent in a legal dispute. Decree. Statement of the court announcing the legal consequences of the established facts. See also Order, Judgment. Error. In the legal sense, an erroneous interpretation of the facts or the application of the law that may give rise to a plea. Admissible evidence. Evidence that can be presented legally and correctly in civil or criminal proceedings. Subrogation.
Replacement of one person by another, thus giving the Member the same legal rights as the original participant. For example, an insurance company may have the right of subrogation to sue any person whom the person it compensated had sued. To have to. In cases of negligence, a “duty” is a duty to comply with a particular standard of care. In the event of non-compliance, there is a risk that the actor will be liable to another to whom an obligation is owed, for damages caused by the other, for which the actor`s conduct is a legal cause. See the doctrine of the reasonable man. Refute. Refute, reject or eliminate the effect of an argument or hypothesis in a court case. Empty. have no binding effect or legal force; zero.
Amicus Curiae. (Latin: “friend of the court.”) A person or organization that submits a statement of rights to the court in which it comments on a case involving other parties because it has a strong interest in the subject matter of the appeal. No one. Usually a human being. Legally, a “person” can legally include a corporation, partnership, trustee, legal representative, etc. Fraud. False and misleading statements of fact intended to induce another person to rely on something of value that he or she possesses or a legal right to which he or she is entitled. BAR, Actions. Continued destruction or temporary cancellation of the applicant`s application. Among ancient authors, it is called exceptio peremptord. Co.
Litt. 303 b Steph. Pl. Appx. xxviii. Loisel (Customary Institutes, Vol. ii. S.
204) says: “Exceptions (in applications) have been called bars by our former practitioners because, if they are against it, they stop the party that continued the trial, as in war (a barrier) arrests an enemy; And just as there have always been bars in our courts to separate lawyers from judges, the place where lawyers stand (to speak) when they speak has been called the bar for that reason (Bar). « 2. When a person is linked to a real or personal act by a judgment on demurrage, a confession or a judgment, he is excluded, that is to say, excluded in respect of that act or any other act of the same nature or degree, for the same thing, forever; for expedit reipublicae ut sit finis litim. 3. But there is a difference between real and personal actions. 4. In the case of personal actions, such as debts or accounts, the suspension is indefinite, since the plaintiff cannot bring a higher claim and therefore usually has no recourse in such actions, but by presenting an error. Doctor. Located.
65; 6 Co. 7, 8 4 East, 507, 508. 5. But if the defendant is excluded in a real trial by judgment of a verdict, a demurrer or a confession, he can always have an act of a higher nature and try the same right again. Lawes, Pl. 39, 40. See general, Bac. From. Discount, N; Advocacy at the Bar. Also the case of Outram v.
Morewood, 3 East, Rep. 346-366; A textbook case on this subject. Handicap. In the legal sense, the absence of legal capacity to perform an act. Used in a physical sense in the context of workers` compensation laws, it is a composition of (a) the actual inability to perform employment duties and the resulting loss of wages, and (b) physical impairments that may or may not be unable to work. Breach of contract. Failure, without legal excuse, to fulfill all or part of the promises made in a contract. Causality.
The act by which an effect is created. See also “legal cause” and “immediate cause”. Power of attorney. A written document authorizing a person to take certain legal action on behalf of the person granting the power of attorney. “Limitation period.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/time-barred. Retrieved 14 January 2022. In a trial, a reason given by a lawyer that a case or proceeding is illegal. The filing of objections in open session is important for drawing up the minutes of the appeal. Continuation. Postponement of a court case to a later date.
Order. Written instruction or order of a court or judge that is not included in a judgment. See also Decree. Tort. have the status of an offence; the culprit. Perjury. Intentional false testimony of material importance made under oath; under oath. Movement.
Application to a judge for an order ordering an act in favour of the party making the request. Dangerous professional noise. Noise levels that exceed the noise levels permitted by federal law.