Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. (cross out jest-tie) n. from Latin for «things done», it means all the circumstances that surround and are related to an event. The res gestae of a crime thus includes the immediate environment and all events and statements immediately after the act. Statements made in the context of the resgestae of a crime or accident may be admitted in court, even if they are «hearsay», because spontaneous statements are reliable in these circumstances. In evidence, testimony is a verbal affirmation or non-verbal behaviour designed as an affirmation. Legal advice; A term that is also used to refer to lawyers in a case. 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. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges.
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. 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. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. 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. An oral statement before an official legally authorized to take an oath. Such statements are often made to hear potential witnesses, to make a discovery, or to be used later in the trial. See Discovery. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. 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.» In a criminal case, the defendant pleads «guilty» or «not guilty» in response to the charge. See also nolo contendere. 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. 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 jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding.
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. The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority Written statement instituting civil proceedings in which the plaintiff details claims against the defendant. This declaration serves as a declaration and is not limited to any particular form; It is an unmethodical statement that essentially includes the time of conclusion of the contract, the sum and basis of what is based on what is actually due with a certificate of faith from the applicant or his representative. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. 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. 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. An affidavit is a statement of fact that is sworn (or confirmed) before an official authorized to take an oath (e.g., a notary). The person making the signed declaration (affiant) takes an oath that the content is true to the best of his or her knowledge and belief. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. 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. The study of the law and structure of the legal system Abogado.com The #1 Spanish legal website for consumers usually refers to two events in individual bankruptcy cases: (1) the «individual or group briefing» of a non-profit budget and credit advisory agency in which individual debtors must participate before filing under a chapter of the bankruptcy law; and (2) the «Personal Financial Management Course» in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S.
trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. Are you a lawyer? Visit our professional website » Regarding 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. 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 function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court.
Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. 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). At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us.