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.» Residence: Temporary suspension of legal proceedings by court order. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. Affirmative defense: A written defense of a lawsuit that does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to a judgment based on legal or fair principles, even if the allegations are true. Legal issue: Disputed point of law subject to a judicial decision. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. 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 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. Over the past six months, our series, which examines this technical language, the legal language from A to Z, has reached almost the entire alphabet, one letter at a time. In this final episode, we look at some interesting parts of the legal language of each of the last three letters of the alphabet, «X», «Y» and «Z»: Continued: A temporary stay or postponement of a court case. Incapacity: Lack of sufficient legal, physical or mental authority to take action.
A posteriori: Retrospectively; a law passed after a law that retroactively makes such an act illegal. Such laws are prohibited by the United States Constitution. Testimony: Testimony of a witness or party taken under oath in a court case or testimony. The wording used in the act changes. Many lawyers now adopt a simple English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways: All the debtor`s interest in the assets at the time of bankruptcy. The estate technically becomes the temporary rightful owner of all the debtor`s assets. The explanations in this guide are not direct alternatives. While we hope the statements will prompt lawyers to ensure that they only use legal jargon when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. 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. 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. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. 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. Lawyer`s Guide PlainEnglish.co A to Z on Legal Principles: A person who provides legal advice, assistance or reasoning in court on behalf of a party; a lawyer. The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are arranged alphabetically and can be best accessed by selecting a letter here: Execute: To complete a legal document, for example by signing. Clause: Paragraph or subdivision of a legal document such as a contract. (The Continuing Power of Attorney (EPO) was replaced by an Continuing Power of Attorney (LPA) on 1 October 2007. An EPO created before that date is still legal and can still be registered with the Office of the Public Guardian.
After this date, you must create an LPA instead.) In criminal law, the constitutional guarantee guarantee guarantees that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens freedom or property. Written statements submitted to the court describing a party`s legal or factual allegations about the case. With regard to civil actions in «justice» and not in «law». In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate «justice» court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in «legal cases,» but not in «equity cases.» Judge Advocate: A court martial officer who may act as clerk, prosecutor and/or legal counsel to the court. The study of law and the structure of the expert of the legal system: witness with training or experienced experience who has the right to make expert opinions in legal proceedings. Informed consent: Consent given after full disclosure of constitutional and other legal rights that affect consent or not. For good reason: With sufficient legal justification to take action.
Paralegal: A person who is trained to perform various legal tasks but is not licensed to practice law.