Civil procedure – Rules and procedure by which a civil matter is heard and contested, including the preparation of court proceedings, the rules of evidence and the conduct of proceedings, and the appeal procedure. A lawyer who specializes in representing clients by presenting legal arguments before courts, tribunals or other decision-making bodies. Rejection – The voluntary act of a judge to withdraw from the chair in a particular case because of self-interest, bias, conflict or prejudice. Also the procedure by which a judge is challenged from a case because a party opposes it. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. 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. Factual lawyer – A private person (who is not necessarily a lawyer) who has been authorized by another person to act on their behalf, either for a particular purpose or for a specific act; or for the conduct of transactions in general, not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. Implicit: When the intention of the parties is not obvious by direct terms, but results from related circumstances or behaviour. Study of the Law and Structure of the Legal System Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay for private legal assistance). Specific benefit: A remedy available to an aggrieved party if the remedy is inadequate, under which a defendant may be required to pay under the terms of a contract instead of paying damages.
Long-gun status: Law that allows residents of different states to conduct and prosecute in the forum state on the basis of contacts with the forum state. 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. Lawyers who can provide a range of basic legal services, but who have not gone to law school and are not lawyers. In Ontario, paralegals must be licensed by the same entity that licenses lawyers. Paralegals can provide legal advice and represent clients in legal matters such as immigration, small claims, traffic charges under the Provincial Offences Act, court cases including landlord-tenant issues or workplace safety, and some minor criminal charges. Paralegals cannot represent their clients in Ontario Family Court. Suspension: Temporary suspension of legal proceedings by court order. Will – A legal statement that disposes of a person`s property upon that person`s death. Custody – detention of a person by lawful means or authorization to ensure his or her appearance at a hearing; the detention or detention of a person convicted of a criminal offence. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings.
Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court. Merger Clause – The merger clauses stipulate that the written document contains the entire agreement of the parties. The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement. Agreement and satisfaction – compromise and agreement. A way of completing a claim where the parties agree to give and accept something to settle the claim that supersedes the terms of the parties` original agreement. Accord is the new agreement; Satisfaction is the fulfillment of the new agreement. Filed in open court – court documents that were included in the record during court proceedings. 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. Dual criminality – Bringing a person to justice more than once for the same crime. It is prohibited by the Fifth Amendment to the United States Constitution and by Article II, E of the NM Constitution. Due process – The right of all persons to obtain the guarantees and guarantees of the law and judicial procedure. It contains constitutional requirements such as reasonable notice of trial, the opportunity to be heard by the judge, the assistance of defence counsel, and the right of defendants to remain silent, to have a speedy and public trial, to have an impartial jury, to confront each other and to find witnesses. A trial that looks like a trial, but takes place outside a courtroom. The parties elect the decision-maker, a so-called arbitrator, who makes a decision for the parties based on the evidence and the law. The parties who choose arbitration agree to follow the final decision, which may also be enforced by a court. Return of service: A letter from an official confirming that they have served a proceeding (subpoena or subpoena) on a party or that they have been unable to do so. Escheat – The process by which a deceased person`s property goes to the state when no inheritance can be found.
another word for lawyer, but not generally used in Canada except in a specific title, such as the Attorney General of Ontario, who is the chief legal counsel to the Government of Ontario and a member of Cabinet who oversees the province`s judicial system. Booking – The process of photographing, fingerprinting, and recording a suspect`s identification data after arrest. Poisonous tree fruit – confiscated property or statements made after and because of unlawful search or interrogation. The fruits of the poisonous tree are generally not admissible as evidence because they are contaminated by illegal search or interrogation. Fraud Status: The requirement that certain types of contracts be written to be enforceable. Examples include contracts for the purchase or sale of land and contracts which, because of their terms, cannot be executed within one year. Trainee lawyer – Individuals trained in law who assist judges in seeking legal advice. Lien – A legal claim against someone else`s property as security for a debt. A lien does not transfer ownership of the property, but gives the holder of the lien the right to have his debt repaid from the proceeds of the property if the debt is not paid otherwise.