Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. AD LITEMLatin for „for the purposes of the action“. This is the designation of a party by the court to act on behalf of another party in a dispute. You`ve probably heard the metaphor „Everything is Greek to me“ when someone doesn`t understand a topic or situation or is completely baffled. The law is „Greek“ to many people: it is often misunderstood and legal terminology is misused by most people. 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. 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.
A declaration is an order made by the court to do or not to do a particular act. For example, a writ of habeas corpus requires law enforcement officers to bring a prisoner to justice and prove that they have the right to detain him. A structured comparison is a financial instrument most commonly used to resolve bodily injury or claims. They work by taking the money that would otherwise be paid in a lump sum and investing it, so that there is a flow of payments over a period of time. A structured settlement is typically funded by the defendant purchasing annuities from high-value life insurance companies. If a structured settlement is used to fund bodily injury, payments are made tax-free. A structured comparison can also be used to address non-personal injuries. Sometimes we also use structured settlements to protect collection from potential creditors. The term „lawyer“ is a common word that has a unique meaning in the legal context.
Your lawyer and any legal advice they give you meet the definition of legal counsel. In the United States, consultant is often used interchangeably with the word lawyer. 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. 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.
Misconduct: Doing something illegal or morally wrong. Misconduct includes dishonesty and abuse of power. A party who has the right to hear a court hearing on a matter to be decided in bankruptcy. The U.S. debtor, trustee or receiver, the case trustee and creditors are parties in the interest of most matters. In addition, some terms can mean a number of things depending on the context. Take „Lynch“ for example. According to California Criminal Code 405a, a lynching is „the abduction of a person by sedition from the lawful custody of a peace officer.“ However, the word „lynching“ can also refer to killing someone without legal authorization, usually by hanging; And the „lynching law“ refers to the punishment of alleged crimes or misdemeanors, usually death, without due process. As you can see, how a term is used often determines what it means. So when going through these terms, keep in mind that there may be differences in legal definitions. Civil law: 1) An umbrella term for any non-criminal law, usually for the settlement of disputes between persons or entities.
2) A set of laws and legal concepts derived from Roman law instead of English common law. (English common law is the foundation of state legal systems in the United States, with the exception of Louisiana.) This position specializes in lawyers. The list contains the most important legal terms in alphabetical order. Each word contains a definition and a sample sentence. Take, for example, the person who comes home and discovers that his apartment has been broken into while he is away and that his television, stereo and other objects have been taken away. They call the police and announce, „I was robbed!“ In fact, because they were not at home and the property had not been taken from their person or their immediate neighbourhood, they were not stolen; On the contrary, his house was broken into. The confusion is understandable, as people watch a lot of TV, and actors often moan dramatically, „I was robbed!“ Sometimes they are correct, but more often the term is misused. It`s easy to explain, because most of the writers didn`t go to law school. A simplified distinction is that robbery is a person-to-person crime. Burglary is a crime against property.
Court approval, usually for law enforcement officers, to conduct a search or arrest. Below is a list of 10 important legal terms you need to be aware of. In fact, there are at least 15 terms defined below, but we like the idea of a „top 10 list“, so it`s like getting extra words for free! Seriously, your lawyer will not only use these terms to keep you updated on what`s going on in your case, but you`ll also better understand what`s going on in the many lawsuits reported in the news. Law involves a lot of terminology that you probably won`t see anywhere else. Many words come from Latin and are unlikely to be part of your vocabulary unless you are involved in a lawsuit. However, it is still important to understand many of these words, as they are likely to be used by the lawyers and judges involved in your case. Title: The legal basis for ownership of real estate or personal property or a document that serves as proof of such ownership. Deeds for real estate and titles for cars and boats are examples of titles. The most widely used test for assessing undue hardship related to the excusability of a student loan includes three conditions: (1) the debtor cannot maintain a minimum standard of living based on current income and expenses if it is required to repay the loans; 2.
it appears 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. bench – „In bank“ or „full bank“. Refers to hearings attended by all members of a tribunal, not the usual quorum. U.S. appellate courts typically sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the full court. They should then sit on a bench. 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. Unless you work in the legal profession or watch a lot of legal drama on TV, you`re probably not too familiar with some of the terms used. Law firms and courtrooms have their own language, and not all of us understand terminology. Some words may sound familiar, but may have completely different meanings in relation to the law.
Even if you never need a lawyer, it`s good to know the basics and what they mean. More for you:Definition of the mandate (law)null and voidPrison vs prison vs penitentiaryRule of law vs justice“I feel compelled to tell you » MeaningHuman Resources Definition and terms most commonly used. Rule vs. LawFormal and informal email phrases habeas corpus – A pamphlet commonly used to bring a prisoner to court to determine the lawfulness of their detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. 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.