The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. A lawsuit or legal proceeding against a specific property. In the law of evidence, the presence of the characteristics that make a witness legally fit and able to testify. In inheritance law, a person`s ability to manage and take care of themselves and their own affairs. Criminal proceedings begin in common law jurisdictions when a person suspected of a crime is indicted by a grand jury or otherwise charged with the crime by a government official called a prosecutor or district attorney. Trust Deed or Declaration of Trust – The legal document that establishes a living trust. Testamentary trusts are set out in a will.
“In the manner of a poor man.” Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. Plaintiff – The person who files a claim in a trial court. Also the person who appeals the judgment of a lower court. The opposing party is called the defendant. Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Destitute – Needy or poor. A defendant who can prove his lack of means in court may be summoned to a court-appointed lawyer at State expense in criminal cases and cases of child abuse or neglect, but not in other civil cases. A law that derives its authority from the habits and customs of ancient times or from the judgments and decrees of the courts.
Also called “jurisprudence”. Will – A legal statement that disposes of a person`s property upon that person`s death. An overview or summary of the nature of the case and the expected evidence presented by defence counsel to the jury at the beginning of the trial. Court cases, whether criminal or civil, are based on the idea that a dispute will be fairly resolved if there is a judicial process whereby the dispute can be brought before an investigator who is not otherwise involved in the case, who can evaluate the evidence to determine the truth regarding allegations of guilt, innocence, responsibility or innocence. The details of the proceedings may depend on both the nature of the case and the type of system in which the case is filed – whether it is an inquisitorial system, for example, or whether it is a solo “civil proceeding” in which individuals (or companies) sue each other in court. Civil cases are not intended to violate criminal law. Ex parte proceedings – Legal proceedings in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property.
Renting as a whole is a particular form of joint rental between a man and a woman. 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. Conceptually different from divorce in that a divorce terminates a legal status, while a declaration of nullity states that a marital status never existed. 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. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal.
All legal proceedings that are not criminal acts are civil actions. Formally, to prevent something like a trial from pursuing self-defense – to claim that an otherwise criminal act was legally justified because it was necessary to protect one person or property from the threat or act of another. A party who has the right to hear a court hearing on a matter to be decided in bankruptcy. The U.S. debtor, trustee or receiver, the case trustee and creditors are parties in the interest of most matters. Pleadings – Written statements by parties in civil proceedings concerning their positions. In federal courts, the main means are complaint and response. The court`s inquiry to determine if there is a legal reason not to impose a penalty. Contract – An agreement between two or more people that creates an obligation to do or not do a particular thing. A contract must have promised or given something of value, and a reasonable agreement between the parties on what the contract means. The parties must be legally able to conclude binding agreements.
A protocol of the court. In general, “file”, “deposit” means the acceptance of a document for official custody by the Registry by stamping the court file, which contains the name of the court, the clerk and the date and time of filing; This document is then included in the appropriate court record, which contains all briefs, subpoenas, and subpoenas relating to that case. The file can also refer to the cabinet where the folders are kept. An instruction that tells the jury that it is desirable that there be a verdict in each case and that they must strive to reach a verdict. However, it should be noted that no jury should accept a verdict that violates court instructions requiring the establishment of a fact that the evidence suggests to be false. Criminal cases involve the application of public codes of conduct codified in state laws. In criminal cases, the government prosecutes individuals for violating these laws (in other words, allegedly committing a crime). Criminal sanctions may include fines, community service, probation, imprisonment, etc. A claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place in the context of insolvency proceedings. Appellant – The party complaining or complaining; one who applies to the court for an appeal. Also named the applicant.
Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted. Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court. Because of the serious consequences of a guilty verdict, defendants in criminal cases have a number of constitutional rights, such as the right to court-appointed counsel if they cannot afford it, the right to remain silent, protection from improper searches, and the right to a jury of peers. Rejection – The voluntary act of a judge to withdraw from the chair in a particular case because of self-interest, bias, conflict or prejudice. Also the procedure by which a judge is challenged from a case because a party opposes it. In criminal law, pre-trial negotiations between the defence and the prosecution in order to reach a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a lesser offence, or to plead guilty to one or more charges, but to release others, or the prosecutor may agree to recommend a particular sentence.
The terms of a negotiated plea must be set out in open court and are only effective if approved by the trial judge.