Lawyer – A licensed lawyer or a lawyer authorized by the courts to prepare, manage and negotiate cases before the courts, prepare legal documents or otherwise represent the interests of citizens. Arbitration. A mini-trial that can be held instead of a court case and conducted by a single person or a panel of three people who are not judges. Arbitrators are usually former judges or experienced lawyers. In general, arbitration is more cost-effective and faster than jury trials. Arbitral awards may be converted into a judgment of a court upon application to the court, unless a party has protested against the existence of gross injustice, collusion or fraud. 1344 Even if the law uses preceptual words, the judge may, according to his own conscience and prudence: an action brought by a plaintiff against a defendant on the basis of a complaint that the defendant has failed to fulfill a legal obligation that has caused prejudice to the plaintiff. Agreement or Declaration of Trust – The legal document that establishes a living trust. Testamentary trusts are established in a will. Refute. Refute, reject or eliminate the effect of an argument or hypothesis in a court case. Legal construction – a procedure by which a court attempts to interpret the meaning and scope of legal provisions.
Can 1321 §1. No one shall be punished unless the external violation of a law or command committed by the person is seriously attributable to malevolence or negligence. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. 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. Equality – In general, justice or equity. Historically, justice refers to a separate body of law developed in England in response to the inability of common law courts, in their strict adherence to rigid writings and forms of action, to consider or provide a remedy for any violation. The King therefore created the Court of Chancery to deliver justice between the parties in cases where the common law would provide inadequate compensation. The principle of this legal system is that fairness finds a way to achieve a legal outcome when the judicial process is inadequate. Remedies such as injunctions and injunctions are appropriate remedies. The courts of equity and justice are now merged into NM.
Lien – A legal claim against another person`s property as security for a debt. A lien does not transfer ownership of the property, but gives the creditor of the lien the right to have his debt settled from the proceeds of the property if the debt is not paid elsewhere. 3. the right to administer goods which may belong to the office of the suspended person if the sentence is latae sententiae. Complaint. In the legal sense, the document that an applicant submits to the court that contains allegations and damages claimed. A complaint usually triggers a lawsuit. Legal interpretation.
The act of determining the meaning of a particular law by analyzing the wording and punctuation of the law. Filed in open court – Court documents included in the file during court proceedings. Amicus Curiae. (Latin: “friend of the court.”) A person or organization that submits a statement of rights to the court in which it comments on a case involving other parties because it has a strong interest in the subject matter of the appeal. Testamentary capacity – The legal capacity to make a will. Common Law – The legal system that originated in England and is now used in the United States. It is based on court decisions and not on laws adopted by the legislator. In total, there are five main reasons or justifications for imposing criminal sanctions, all of which have their supporters and critics in modern societies. It is important to note that the objectives of criminal justice systems described above are not static, but may evolve, change and even merge over time, often due to contemporary cultural values and political priorities (see Garland, 1990). While there is much discussion about the relative weight that should be given to the various objectives of criminal justice, there is a growing recognition that the penalty of retaliation must be reconciled with other considerations that will contribute to the rehabilitation of the offender, the recovery of the victim and the long-term protection of society.
The sentence ordered by a court for an accused convicted of a crime. Substantive jurisdiction – The power of a court to rule on the nature of the dispute before it. Example: A district court has jurisdiction on the merits in cases where the ordinances of that municipality are violated, but does not have substantive jurisdiction over criminal offences. Knowingly and intentionally – This phrase, in relation to the violation of a law, means conscious and intentional. Trustee – A person who has a legal trust relationship with another person and has a duty to act primarily for the benefit of the other: i.e., a guardian, trustee or executor. Exclusion Rule – A rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in a court case. Civil contempt – Contempt can be civil or criminal, depending on the purpose the court seeks to achieve by punishing it. Contempt is civil if the purpose of the sentence is to force the defendant to perform an act previously ordered by the court that the defendant did not do, such as paying family allowances.
Compare it to criminal contempt. Judgment – A court-ordered sentence for an accused convicted of a crime. A concurrent sentence means that two or more sentences are executed at the same time. A consecutive sentence means that two or more sentences would be executed consecutively. 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. Affidavit – A written statement of facts confirmed by the oath of the party who made it. Affidavits must be notarized or administered by a court official with such authority. Retaliation theorists claim that individuals are rational beings capable of making informed decisions and, therefore, breaking the rules is a rational and conscious decision. They propose a “crime-based tariff,” that is, “a set of penalties of varying severity, adapted to crimes of varying severity: minor penalties for minor crimes, harsher penalties for more serious crimes” (Cavadino and Dignan, 2007, p.
44). Although the idea of retaliation as a justification for criminal punishment is often intuitively supported, it has been subjected to various stresses. Some critics, for example, have raised questions about the difficulties in ordering or classifying crimes. Is it possible to develop a satisfactory criminal scale for all crimes? Others question the extent to which crimes are committed by rational agents, arguing that retaliation inappropriately rationalizes crime. It has also been suggested that punishing those who act wrongly does not address the underlying causes and social conditions that led to crime in the first place, and that punishment should include a more rehabilitative approach (Hudson, 2003; Zedner, 2004). Jurat – Certificate from an officer or person who has already taken the oath in writing. Generally, “jurat” is used to refer to the certificate of the competent administrative officer attesting that the letter was sworn in by a person who signed it. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). Stack or stack. Under Pennsylvania`s Auto Insurance Act, insurance buyers have the option to “stack” uninsured and underinsured motorists.
If you choose “Stack”, it means that you can add up the coverage for each vehicle you have insured, at least as part of the policy. (Right now, the question is whether you can “stack” coverage under separate insurance policies.) For example, if you have two $100,000/$300,000 vehicles (i.e., $100,000 per person and $300,000 per accident) on uninsured or uninsured driver insurance, you can “stack” the coverages and have coverage of $200,000/$600,000. Power of attorney. A written document authorizing a person to take certain legal action on behalf of the person granting the power of attorney. A person who makes a textual recording of what is said in court, usually using a stenographic device, shorthand or audio recording, and then makes a transcript of the proceedings upon request. Party – A person, company, organization or government agency involved in the prosecution or defense of a lawsuit. Kangaroo court – a term that describes a fictitious procedure in which a person`s rights are completely ignored and in which the result is a conclusion reached in advance due to the bias of the court or another court. Criminal offense – A violation of a municipal ordinance or state law. Decree. Statement of the court announcing the legal consequences of the established facts. See also Order, Judgment.
Ranking. Send or give a document to an employer or government agency as part of a legal proceeding. The filing date is the date on which the document was received. With Prejudice – Applies to judgment orders dismissing a case, which means that the plaintiff is forever prevented from bringing an action for the same claim or claim.