The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. 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. A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. 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. Written statements submitted to the court describing a party`s legal or factual allegations about the case. 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. 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 chapter of the Bankruptcy Act, which provides for „liquidation“, i.e. the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a „resource test.“ The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7. Latin, which means „for the court.“ In the courts of appeal, this is often an unsigned notice. DURATION, contracts. This word is used in civil law to designate the period granted to the debtor for the performance of his obligation; there are express conditions arising from the positive provisions of the agreement; AS, if one undertakes to pay a certain amount on a certain day, and also conditions that result implicitly from the nature of the things that are the subject of the order or the place where the act was agreed. For example, if a builder is hired to build a house for me, I need to allow a reasonable amount of time to fulfill their commitment.

2. A concept is either right or grace; if it forms part of the Contract and is expressly or implicitly contained therein, it is of right if it is not part of the Contract, it is of grace; as if it were not granted retroactively by the judge at the request of the debtor. Poth. on obligation. p. 2, c. 3, art. 3; 1 Bouv. Inst. No 719 ff. Latin, which means „new“. A de novo trial is a completely new process.

The de novo appeal review does not imply any consideration for the trial judge`s decision. 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. Latin, which means in the chambers of a judge. Often means outside the presence of a jury and the public. In private. Latin, which means „you have the body.“ A habeas corpus order is usually a court order that requires law enforcement agencies to present a detainee they are detaining and to justify the prisoner`s continued detention. Federal judges receive habeas corpus arrest warrant requests from state prison inmates who claim their state prosecutions violated federally protected rights in some way.

French, which means „on the bench“. All judges of an appeals court sit together to hear a case, as opposed to the routine injunction by panels of three judges. In the Ninth District, a Bench Panel consists of 11 randomly selected judges. 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.“ 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. Latin, which means „of your own free will.“ It is often a court that acts in a case without either party asking it to do so. 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. TERM, successions. The limitation of an estate, as a term for years, lifetime and otherwise. The term refers not only to the term specified in the lease, but also to the discount and interest that passes through the lease; and therefore, the period may expire over time, for example by transfer, expiration and others. 2 Bl.

Com. 145; 8 Selection. R. 339 TERME, Praxis. The period during which a court holds a sitting; Sometimes the term is monthly, for others it is a quarterly period, depending on the constitution of the court. 2. The total term of office is deemed to be only one day, so judges may review their judgments at any time during their term of office. All adjournments are included in the calculation of the duration. 9 watts, R. 200. It is assumed that the courts know before the courts when their mandate is required by public law.

4 Dev. R. 427. See 1 in general Peck, R.