Written statements submitted to the court describing a party`s legal or factual allegations about the case. It can be difficult to get your affairs in order, but it`s an important part of preparing for the future, for you and your loved ones. It is important to gather as much information as possible to facilitate the process. Here are some questions you might have and some answers that can help. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. An unfortunate event or simply aging could one day deprive you of the ability to take care of yourself or manage your affairs. The lack of ability to make one`s own decisions is called the « incapacity » of one`s capacity. Disability affects your daily life, but there are ways to protect yourself and make sure your choices are respected. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Many international trade and legal issues will concern these concepts.
Few companies can afford to receive official advice on all matters for commercial or financial reasons. As a result, practical solutions are often implemented for many years before it is determined that a formal law, regulation or directive has been overlooked. In particular, the exact terms of the contract, especially in formal agreements, are often ignored in normal operation, as business partners deal with issues in a practical manner that are outside or contrary to the terms of the agreement. If such companies are subsequently acquired or are the subject of other transactions, the difference between the de jure situation and the de facto State will often be an issue that lawyers and businessmen will have to settle together. For legal matters, there are ways to give someone you trust the power to act for you. There are many types of legal documents that can help you plan how your business will be handled in the future. Many of these documents have names that sound similar, so make sure you get the documents you want. Also, state laws vary, so learn about the rules, requirements, and forms used in your state. 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 complication of diseases such as Alzheimer`s disease is that the person gradually misses or loses the ability to think clearly. This change hinders its ability to participate meaningfully in decision-making and makes early planning even more important. Read these legal and financial planning tips for people with Alzheimer`s disease. 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). 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. 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. 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. The current expressions « de facto » and « de jure » (pronunciation: dee fak-toh / di joo r-ee: origin: Latin) are closely related concepts. De facto means a condition that is indeed true, but is not officially sanctioned. On the other hand, de jure means a condition that is in accordance with the law (i.e. that is officially sanctioned). Most often, these expressions are used to describe the source of authority of a company or head of government, but they apply to a variety of situations. Here are some examples of phrases that use the phrases: You should be able to find a directory of local lawyers on the Internet or at your local library, or you can contact your local bar association for lawyers in your area.
Your local bar association can also help you determine the free legal assistance options your state has to offer. An informed family member may be able to help you manage some of these issues. 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. 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. 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. The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a « family farmer » or a « family fisherman », as defined in the Bankruptcy Code. Prison sentences for two or more offences served simultaneously and not consecutively.
Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. The most common criterion for assessing undue hardship in the excusability of a student loan includes three conditions: (1) The debtor – based on income and current expenses – cannot maintain a minimum standard of living if he or she is forced to repay the loans; (2) there are indications that the situation is likely to continue for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. 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. » To define a legal term, enter a word or phrase below. 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. » Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. The study of the law and the structure of the legal system of wills and trusts allows you to name the person to whom your money and property should go after your death. A pre-trial motion in which the court is asked to prohibit the other party from presenting or even returning evidence for matters that are said to be so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. The period within which legal action must be brought or criminal proceedings initiated. The time limit may vary depending on the type of civil proceedings or the offence complained of. For example, a 24-year-old woman born prematurely has limited intellectual abilities associated with serious behavioral problems. According to his doctor, his disability is permanent. Latin, which means « in the law. » Something that exists under the law. The sale of a debtor`s assets with the proceeds to be used for the benefit of creditors.
A serious crime that can usually be punished with at least one year in prison. Money that a defendant pays to a plaintiff in civil proceedings if the plaintiff has won. Damages may be subject to compensation (for loss or injury) or punitive (to punish and deter future misconduct). The value of a debtor`s share of the assets that remains after consideration of the privileges and interests of other creditors. (For example, if a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) A case, controversy or trial. Participants (plaintiffs and defendants) in a dispute are called litigants. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. Any way in which a debtor disposes of or separates his or her assets. A lawsuit filed by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors.
Party who has the right to be heard by the court on a matter to be decided in the event of bankruptcy. The U.S. debtor, trustee or receiver, case trustee, and creditors are interest groups for most cases. A claim or receivable for which a creditor does not have a special guarantee of payment, such as a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency. An agreement for the subsequent performance of tasks under a contract or lease. Debts incurred for personal needs, as opposed to commercial needs. Latin for « friend of the court ». This is a consultation formally offered to the court in a brief filed by a company interested in the case, but not by a party to the case.