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.” The pending case is the legal term for all cases that have not yet been submitted to the court. Pending can have multiple meanings because it can be a case that is an ongoing trial, a pending verdict, a pending motion, or a pending jury selection. The study of the law and the structure of the legal system A term used to describe the evidence that can be considered by a jury or judge in civil and criminal cases. The judge who has primary responsibility for the administration of a court; Chief justices are determined by seniority, a function of federal courts that takes place early in the criminal justice process — after a person has been arrested and charged with a federal crime and before they appear before the courts. 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. A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people.

The civil juries of the Confederation are composed of at least six persons. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. An action should be pending from the outset until a final judgment is rendered by a court. The term “pending appeal” refers to the period preceding the filing of an appeal and the period during which an appeal is pending. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO.

A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) 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. (Leasing pen-dense) n. Latin for “a lawsuit pending”, a written notice that legal action has been brought concerning ownership of or interest in immovable property. Lis pendens (or notices of pending claims) are filed with the court registry, certify that they have been filed, and then recorded by the County Recorder.

This informs the defendant who owns real estate that there is a claim to the property, and the record informs the public (and in particular anyone interested in buying or financing the property) that this potential claim exists against them. Lis pendens must include a legal description of the property, and the action must concern the property. Otherwise, if there is an application for removal of lis pendens from immovable property that is not a party to the action, the plaintiff who initially registered a false lis pendens will be ordered to pay attorney`s fees as a penalty. Example: Joe Plumbob provides labour and materials to Smith`s home, sues to enforce a mechanic`s privilege, but registers a lis pendens describing three other properties owned by Smith; Plumbob can be punished by court order. 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. Jury selection process to interview potential jurors, determine their qualifications, and determine a basis for challenge. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. Legal advice; A term that is also used to refer to lawyers in a case. 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. 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 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if U.S. trustees or insolvency administrators have determined that there are not enough licensed credit counselling agencies available to provide the required advice. A claim for which no specific value has been determined.

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. 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. 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. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Imprisonment for two or more offences to be served simultaneously and not consecutively.

Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The time limit within which a prosecution must be instituted or a prosecution initiated. The time limit may vary depending on the nature of the civil proceedings or the criminal offence charged. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”.

The one who appeals is called a “complainant”; The other party is the “appellant”. 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).