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. » Latin for « remark », a remark made by a judge in a decision or decision that is not necessary to make the decision, but may indicate a related legal principle as the judge understands it. Although it can be cited in legal argumentation, it does not have the full force of a precedent (previous court decisions or interpretations) because the commentary was not part of the legal basis of the judgment. The standard counterargument is, « It`s just a saying (or dictation). » 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. 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. (The Enduring Power of Attorney (APA) was replaced by the Enduring Power of Attorney (APA) on October 1, 2007. An EPA created before this 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.) 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.
Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Chapter of the Insolvency Code that provides for « liquidation », i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a « means test ». The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. The study of law and the structure of the legal system The language of law is changing. 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: The explanations in this guide are not intended to be direct alternatives. While we hope that the statements will prompt lawyers to ensure that they only use legalese when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. American jurist John Chipman Gray explained: « So that an opinion can have the weight of a precedent. it must be an expert opinion whose training is necessary to decide a particular case; In other words, it should not be obiter dictum. Dicta often take the form of unnecessarily broad statements. When a young man deliberately murdered his grandfather to prevent him from revoking a will, the court found that the beneficiary was not entitled to the bequest the will had provided him, stating that the law will not allow someone to « profit from his own wrongs or make a claim for his own injustice. or to acquire property by their own crime. » In a subsequent case involving a legatee who had negligently caused the death of the testator in a car accident, the same result would not necessarily follow. The court is free to distinguish cases according to their facts and to limit the general dictum of the previous case. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages.
In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Obiter dictum (usually used in the plural obiter dicta) is a Latin expression meaning « other things said »,[1] that is, a remark in a legal opinion « casually said » by a judge or arbitrator. This is a concept derived from English common law, according to which a judgment consists of only two elements: ratio decidendi and obiter dicta. For the purposes of the case-law, the ratio decidendi is binding, while obiter dicta are only convincing. [2] [3] The law as established in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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.
Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. Section 707(b)(2) of the Insolvency Code applies a « means test » to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer.