Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. 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. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. 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. 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. 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. To define a legal term, enter a word or phrase below. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct.
To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. Study of the law and trial structure – A hearing that takes place when the defendant pleads “not guilty” and the parties must appear in court to present evidence. 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. 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. The regulation (or restructuring) of a debtor`s assets so that the debtor can make maximum use of the exemptions. (Pre-insolvency planning generally involves converting non-exempt assets into exempt assets.) The courts interpret the Fifth Amendment broadly to allow the government to seize property if it enhances the common good. In Kelo v. City of New London, 545 U.S. 469 (2005), the Supreme Court authorized a withdrawal when the government used a prominent estate to seize private property to facilitate private development. The Court considered that extraction was a public use, since the Community would benefit from the promotion of economic development.
In addition, the Kelo Tribunal held that a state claim to a prominent domain is warranted if the seizure is rationally connected to a conceivable public purpose. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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 glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can best be viewed by selecting a letter here: “Take”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/taking. Retrieved 14 January 2022. 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. Grand jury – A panel of citizens who hear evidence of criminal charges presented by the government and determine whether there are probable reasons to believe the crime was committed. As used in federal criminal cases, “the government” refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. A written court order ordering a person to do or refrain from doing a particular act. see-dire – A procedure in which judges and lawyers select a small jury from among the beneficiaries by questioning them to establish knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court.
“See to say” is an expression that means “to tell the truth”. 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. 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. 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. A claim for which no specific value has been determined. TAKE. It is a technical term that means to be legitimate; As a motto will take under the will.