In a criminal case, the defendant pleads «guilty» or «not guilty» in response to the charge. See also nolo contendere. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. First hearing – judicial proceedings in which the accused becomes aware of his rights and the charges against him and the judge decides on bail. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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. 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. 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 the structure of the legal system Bail – security for the release of an accused or remand witness (usually in the form of money) to ensure his or her appearance on time and day.
Fact: Condemnation is related to the word persuasive. Still from French to English, the source of the condemned is the Latin convincere, «to conquer, to refute». Its root is vincere, «to conquer», seen in a word as victory. Plea Deal (or Plea Bargain or Accord) – An agreement between the defendant and the prosecutor in which the defendant pleads guilty in exchange for a concession from the prosecutor. These may include less serious charges, a dismissal of charges, or the prosecutor`s recommendation to the judge to lighten the sentence. 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. 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. Plea – In criminal proceedings, the defendant pleads «guilty» or «not guilty» in open court. An objection from Nolo Contendere or an Alford objection may also be raised.
An admission of guilt allows the accused to waive a trial. 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. 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.» 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 be more accessible by selecting a letter here: 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. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. A written, verbatim account of what was said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or oral testimony, the legal system that originated in England and is now used in the United States, relying on the articulation of legal principles in a historical sequence of judicial decisions.
Common law principles can be changed by statute. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Fact of the word: Charge has several meanings in English (the word eventually goes back to the Latin carrus via French, which means «char» and source of English. Car!) Since the late 1300s, the prosecution had the meaning of «accuse.» 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments.
A trial in which a criminal accused is brought to court, informed of the charges in an indictment or information, and invited to plead guilty or not guilty. Jury Instructions – A judge`s statement to the jury before the jury begins deliberations on the questions to be answered and the law applicable to the case. Each party offers jury instructions to the judge, but the judge chooses the final wording. Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty. 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. Fact: The verdict as a court decision dates back to the 1300s. Its meaning (as learned in English class) of a grammatical unit containing an independent statement, question, etc. is found a little later in the 1400s.
The ultimate origin is the Latin sententia, «opinion, sight, judgment», from the verb sentīre, «to feel, to perceive with the senses, to think», which also gives meaning to the word. Alford Plea – A plea from the accused that allows him to assert his innocence but allows the court to convict the accused without going through the trial. In essence, the defendant accepts that the evidence is sufficient to prove his guilt. Such advocacy is often made to negotiate an agreement with the prosecutor on less serious charges or a sentence. 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. We generally refer to criminal law charges involving crimes that harm society or the state. Charges are charges that trigger criminal prosecutions that are presented by a grand jury and usually involve felonies or other serious crimes. One can also be charged with less serious crimes, called misdemeanors.
Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Property promised as security for the execution of a debt. The time limit within which a prosecution must be instituted or a prosecution initiated. The time limit may vary depending on the nature of the civil proceedings or the criminal offence charged. nolo contendere – No competition. Has the same effect as an admission of guilt with respect to the criminal conviction, but the plea cannot be considered an admission of guilt for other purposes. Sometimes an admission of guilt could later be used to show errors in a trial, but the nolo contendere plea requires the plaintiff in the trial to prove that the defendant committed the crime.