Legal Terminology Whereby

The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). It was no longer a plan for everyone to be poor together, but a suggestion that everyone should be rich together. Replevin – A lawsuit to recover illegally confiscated property. A practice in which the jury is individually asked if he agrees with the verdict and always agrees with it. Ex parte proceedings – Legal proceedings in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings.

What kind of society do we live in where these weapons are used for defence and protection? Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted. The court`s inquiry to determine if there is a legal reason not to impose a penalty. The legal separation of a man and a woman, effected by a judgment or a judicial decision, which either completely dissolves the conjugal relationship or suspends its effects in relation to the cohabitation of the parties. A legal action or proceeding against the person based on personal liability. He also chose not to take advantage of the recent tax amnesty, where he could have repaid only 10% of his debt. Legal order requiring the competent official to execute a judgment, sanction or decree. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. 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. 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. The study of law and the structure of the legal system Impeachment – (1) The process of questioning something, such as in the „continuation of the testimony of a witness“. (2) The constitutional process by which the House of Representatives can „impeach“ (charge) senior federal officials for trial by the Senate. It may be offered to send you promotional information by SMS, e-mail or other electronic means of communication. You can choose to receive such communications and manage your consents on the whereby.com/user/profile Settings page. 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. 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. Fiduciary – A person who has a legal relationship of trust with another person and has a duty to act primarily in the interests of the other: i.e. a guardian, trustee or executor. The union of two or more persons in the context of legal proceedings.

A proceeding in which a party to legal proceedings seeks the setting aside or modification of a judgment or final order of a lower court or administrative authority. Exclusion Rule – The rule that prevents illegally obtained evidence, such as: Property found during an illegal search may be used in connection with legal proceedings. Chapter 7 proceedings where a debtor withdraws a secured creditor`s priority in security by paying the secured creditor the value of the asset. The debtor can then retain ownership. A postponement granted by the court in the context of legal proceedings. In general, an extension may only be granted for cause, such as illness, defence counsel or a party, or in the event of the unavailability of a witness or with the agreement of the parties. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal. All legal proceedings that are not criminal acts are civil actions. An action to establish the rightful owner(s) of a property. Guarantee – A legal promise that certain facts are true. Then Dick Moy showed him a plan to catch half a dozen birds in as many minutes. As a general rule, a police search of a person or place is not authorized by law to find evidence, stolen property, weapons, etc.

Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. Trust – A legal instrument for the management of real or personal property made by one person (the settlor or settlor) for the benefit of another person (the beneficiary). A third party (trustee) or settlor manages the trust. In U.S. law, the state`s right to an estate for which there is no person legally qualified to inherit or claim the estate. Jurisdiction – The legal authority of the court to hear and resolve certain disputes.

Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). 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. Filed in open court – court documents that were included in the record during court proceedings. Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate.