Prior to the introduction of online and CD-ROM legal research tools, work such as words and phrases played a key role in legal research by leading the researcher to a leading authority, such as a case law, statute or constitutional provision. In 1996, Westlaw® introduced Words and Phrases as part of its online service. As far as possible, words and sentences are written in the exact language used by the court. Words and Phrases is a legal research and reference book intended primarily for lawyers. It was first published in 1940 and has been continuously updated since. It contains words and phrases that have acquired a special meaning in the law. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. To define a legal term, enter a word or phrase below.
With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. 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. This product is a multi-volume set of judicial definitions of words and phrases, listed alphabetically by state and federal courts. Definitions may include, but are not limited to, legal forms, court rules, by-laws or business documents. Each definition contains a citation from the court that provided the definition.
Each definition is also mapped to West`s key number system® by West`s legal publishers. By adding pocket pieces, all new legal constructions and interpretations of words and phrases are delivered quickly as soon as they are available from the courts. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Written statements submitted to the court outlining a party`s legal or factual allegations about the 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. 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 study of the law and the structure of the legal system gives instructions from the judge to the jury before it begins its deliberations on the factual questions to be answered and the legislation to be applied. 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 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. The interpretation or meaning of a word or phrase in a statute, court order, by-law, business document or agreement often determines the rights, obligations, duties and responsibilities of the parties. Many judicial decisions are based on the importance that an appellate court attaches to a single word or phrase. Words and phrases allow a person to improve relevant cases by selecting keywords or phrases from a document. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. 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. Common law principles can be changed by statute. In criminal law, the constitutional guarantee 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 liberty or property. 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 series of multi-volume law books published by West Group containing thousands of legal definitions of words and phrases, arranged alphabetically, from 1658 to the present. Search more than 10,000 legal words and phrases for clear plain language definitions. An easy-to-follow guide to the legal language of Merriam-Webster`s dictionary experts. 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. A lawsuit brought by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. Degree of proof required. In criminal cases, the prosecution must prove the guilt of an accused “beyond reasonable doubt”. The majority of civil lawsuits require “preponderance of evidence” (more than 50%), but in some the standard is higher and requires “clear and convincing” evidence.
A bankruptcy case filed either without a timetable or with incomplete schedules listing few creditors and debts. (Aluminum foil deposits are often made to delay an eviction or foreclosure Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider), giving the creditor more than the creditor would receive in the debtor`s case under Chapter 7. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. Place paper in the official custody of the court clerk for inclusion in the files or files of a case. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act. A written and textual record of what was said either in a proceeding such as a trial or during another formal conversation such as a hearing or oral statement A debt for which the Bankruptcy Code allows for the removal of the debtor`s personal liability.
The value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) A serious crime that is usually punishable by at least one year in prison. Transfer of the debtor`s assets after the commencement of the proceedings. A natural or legal person appointed in all cases under chapters 7 and 13 to represent the interests of the bankruptcy estate and the debtor`s creditors. A protocol that contains the complete history of each case in the form of short chronological entries summarizing the legal proceedings. A trial without a jury, in which the judge serves as an investigator. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. The formal decision of a court to finally settle the dispute between the parties to the dispute. A formal accusation by a prosecutor that the accused has committed a crime. See also Indictment.
Evidence suggesting that an accused did not commit the crime. A written document prepared by the Chapter 11 debtor or other proponent of the plan intended to provide creditors with “reasonable information” to enable them to evaluate the Chapter 11 reorganization plan.