The chapter of the Insolvency Code, which provides for the adjustment of the debts of a “family farmer” or “family fisherman”, as defined in the Insolvency Code. 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 written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 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. 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 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. 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. 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 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. 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. A secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor. A debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. A serious crime that is usually punishable by at least one year in prison. The opportunity for lawyers to summarize their position in court and also to answer questions from judges. An amount that a defendant pays to a plaintiff in a civil proceeding if the plaintiff won. Damages (for loss or injury) or punishment (to punish and deter future misconduct).

An agreement between two or more people that creates an obligation to do or not do a particular thing. A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt. The obligation to prove the disputed facts. In civil cases, a plaintiff generally bears the burden of proving his or her case. In criminal cases, the government has the burden of proving the guilt of the accused. (See standard of proof.) Procedures for obtaining disclosure of evidence prior to trial. Party opposing an appellant`s appeal and attempting to persuade the Court of Appeal to uphold the District Court`s decision. A formal written statement by a defendant in a civil case that responds to a complaint and articulates the reasons for the defence.

An agreement by which a debtor agrees to continue to pay an excusable debt after bankruptcy, usually for the purpose of retaining security or mortgaged property that would otherwise be repayable. A protocol that contains the complete history of each case in the form of short chronological entries summarizing the legal proceedings. 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.