Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. A person designated in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The duties of the trustee include the examination of the debtor`s application and annexes, the liquidation of the assets of the estate and the distribution to creditors. The trustee may also bring actions against creditors or the debtor to recover assets from the bankruptcy estate. 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 for which the court has jurisdiction to rule on cases. A debt that cannot be eliminated in the event of bankruptcy. Examples include a residential mortgage, child support debts, certain taxes, debts for most government-funded or guaranteed student loans or overpayments, debts due to death or bodily injury caused by driving under the influence of alcohol or drugs, and debts of reparation or fine resulting from a judgment on the conviction of the debtor for a crime are included.
Certain debts, such as debts for money or property obtained under false pretenses, and debts for fraud or falsification while acting in trust, can only be declared inexcusable if a creditor files a debt-free action in a timely manner and prevails. A written description of the proceedings in a case, including all pleadings, evidence and evidence filed in the course of the case. Government agency empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Written statements submitted to the court describing a party`s legal or factual allegations about the case. Trial was one of the old forms of action. It dates back to the thirteenth century and offered a remedy in case of breach of the duties of trustees. Originally, the action allowed the Lords to recover money that had been wrongly withheld by the bailiffs of their manors, who appointed them to collect fines and rents. Later, laws expanded the law so that lawsuits could be brought against people who were to act primarily for the benefit of others, such as guardians and partners. Eventually, the action faded because its procedure was too cumbersome and the administrators fell under the jurisdiction of the king`s special court, the so-called chancery.
The parties to a lawsuit resolve their dispute without a hearing. Settlements often involve the payment of compensation by one party to satisfy at least partially the claims of the other party, but generally do not involve the admission of fault. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. An exemption from a debtor`s personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal responsibility for certain debts known as excusable debts and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to recover the debt. The relief also prohibits creditors from communicating with the debtor about the debt, including by telephone, letters and personal contacts. A lawsuit in which one or more members of a major group or class of persons or other organizations sue on behalf of the entire group. The district court must determine that the class action claims contain legal or factual similarities before the action can be sued as a class action. A request by a creditor to allow the creditor to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay.
A ground action lawsuit is different from modern accounting, which is a settlement or determination of transactions involving two parties, often when one party asks a court to hold the other party liable. Property promised as collateral for the satisfaction of a debt. French, which means “on the bench”. All judges of an appeals court sit together to hear a case, as opposed to the routine injunction by panels of three judges. In the Ninth District, a Bench Panel consists of 11 randomly selected judges. Latin, which means “for the court.” In the courts of appeal, this is often an unsigned notice. Latin, which means “you have the body.” A habeas corpus order is usually a court order that requires law enforcement agencies to present a detainee they are detaining and to justify the prisoner`s continued detention. Federal judges receive habeas corpus arrest warrant requests from state prison inmates who claim their state prosecutions violated federally protected rights in some way. Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place. Often referred to as TRO. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. Legal proceedings that prevent an identical lawsuit from being filed later. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. With regard to civil actions in “justice” and not in “law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction).
In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” “Legal Action Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20action. Retrieved 21 September 2022. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. Latin, which means “new”. A de novo trial is a completely new process. The de novo appeal review does not imply any consideration for the trial judge`s decision.
All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. A civil action upheld under the common law to recover money owed in an account. The study of law and the structure of the legal system A full-time lawyer employed by the federal courts to provide legal defense to defendants who cannot afford legal advice. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. Latin, which means “of your own free will.” It is often a court that acts in a case without either party asking it to do so. Latin, which means “in the law.” Something that exists under the law. Latin, which means in the chambers of a judge.
