A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. Any manner in which a debtor disposes of or disposes of his assets. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A formal accusation by a prosecutor that the accused has committed a crime. See also Indictment. Study of the law and structure of the legal system Income that is not reasonably necessary for the maintenance or maintenance of the debtor or dependents. When the debtor is carrying on a business, disposable income is defined as amounts greater than what is needed to pay ordinary operating expenses. 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.” 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.

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. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. 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. 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 juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. In the practice of the Court of Appeal, this means that the Court of Appeal has concluded that the decision of the lower court is correct and remains as it was rendered by the lower court. Latin, which means “in law”. Something that exists by law.

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. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion. 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. 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. 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. Latin, which means “new”. A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. 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.

A federal offense punishable by six months or less in jail. 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. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. 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.

(nuhnk proh tuhnk) Latin adj. for “now for then”, it is the return to an earlier date of a decision, a judgment or the presentation of a document. Such retroactive redating requires a court order, which can be obtained by proving that the earlier date would have been legal and that there is an error, accidental omission or negligence that caused a problem or inconvenience that can be corrected. Often, the judge makes the ex parte order at nunc pro tunc (only the applicant appears and without notice). Examples: A registrar does not file a reply when he has received it, and a pro tunc nunc filing date is required to comply with the legal deadline (limitation period); A final divorce decree is misguided and is therefore only signed and dated the day after the remarriage of one of the parties – the Nunc pro Tunc ordinance prevents the appearance or speed of a bigamous marriage. hinder, obstruct, obstruct, block, mean disrupt the activity or progress of. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. To hinder is to make progress more difficult by constipation, obstruction or bondage.

A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. 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. Exclusion is often used in legal drafting, where it is usually about making something legally impossible.

A new law can be passed by Congress to, for example, prevent lawsuits of some kind against a federal agency. Some judges have concluded that the warnings on cigarette packages preclude any lawsuits against tobacco companies by lung cancer patients. But there are also many non-legal uses. Bad weather often prevents trips to the beach, and a lack of money could rule out a beach holiday altogether. A written, verbatim account of what was said, either in a trial such as a trial or during another formal conversation, such as a hearing or oral testimony A trial without a jury, in which the judge serves as the investigator. The formal grand jury indictment, which states that there is sufficient evidence that the accused committed the crime to warrant trial; It is mainly used for criminal offences. See also Information. A person (or company) against whom a lawsuit is brought. Goods of all kinds, including real and personal, tangible and intangible. A bankruptcy case in which the debtor is a company or an individual who has an interest in a business and the debts are intended for commercial purposes. A claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place in the context of insolvency proceedings.

Has not been the subject of a court decision because the controversy did not actually arise or end bankruptcy proceedings brought to reduce or eliminate debt, which is primarily consumer debt.