Words Used in Court of Law
prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. compensation awarded to the injured party solely to make reparation or reparation for the damage suffered; Compensation for damage caused by an injustice committed. 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 person who, because he or she is not interested in the parties to a case, is appointed by the court to preserve the property or funds disputed in the case. This procedure is followed because it is not reasonable for either party to own the property. Party who appeals against the decision of a district court and usually seeks the annulment of that decision. The imprint seal of the district court; affix this imprint seal to a document. The most widely used test for assessing undue hardship related to the excusability of a student loan includes three conditions: (1) the debtor cannot maintain a minimum standard of living based on current income and expenses if it is required to repay the loans; 2. it appears that the situation is likely to persist for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. court probation officers. The duties of the probation officer include conducting in-person investigations, preparing in-person reports on convicted accused, and supervising released accused. If so, you`re certainly not alone.
That`s why we`ve summarized some commonly used – and sometimes commonly misused – judicial terms that anyone interested in the legal system should be aware of. in forma pauperis – In the manner of a poor man. Allowing a person to sue for need or poverty without paying court fees. A court with special jurisdiction of a paternal nature for offenders, dependent children and neglected children. Sentencing – The sentence ordered by a court for an accused who has been convicted of a crime. Federal courts follow the direction of the U.S. Sentencing Commission when deciding on the appropriate sentence for a particular crime. A person or company that files a formal complaint with the court. The schedule of proceedings before a court at a given time or session. 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. A trial in which a criminal accused is brought to court, informed of the charges in an indictment or information, and invited to plead guilty or not guilty. Oral argument: The opportunity for lawyers to summarize their position before the court and answer questions from the judges. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. A court with the power to review the procedures and judgments of the lower courts. Court reporter: A person who prepares an verbatim account of what is said in court and provides a transcript of proceedings upon request. Rejection: A refusal is the voluntary act of a judge or prosecutor to step down from presiding over a case. Rejections are often based on factors such as bias, conflict of interest or bias – for example, a prosecutor may decide to withdraw from the proceedings if the case is against his former employer.
This is used to maintain a high standard of impartiality and fairness in the justice system. A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. Assault vs. assault: Often used wrongly interchangeably, assault and assault are different crimes. Bodily harm is a lesser charge that refers to any intentional act that causes another party to fear physical harm. However, the battery requires the attacker to physically hit or hit the victim offensively. 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 order made by a court requiring the performance of a specific act or giving the power and mandate to have it performed. A particular type of Chapter 11 case where there is no creditor committee (or the creditor committee is deemed inactive by the court) and the debtor is subject to stricter supervision by the U.S. trustee than other Chapter 11 debtors.
The Insolvency Code contains certain provisions to shorten the period of bankruptcy of a debtor of a small business. Hearsay: The testimony of a witness who has not seen or heard the incident in question, but has heard about it from someone else. Hearsay is generally not admissible as evidence in court. Summary Judgment – A decision made on the basis of statements and evidence presented without trial. It is used when the facts are not disputed and a party is entitled to a judgment under the law. Enforceable precedent – A previous decision of a court that must be followed without compelling reason or substantially different facts or problems. Courts are often bound by the decisions of appellate courts and have the power to review their decisions. For example, district courts are bound by decisions of the Court of Appeals, which can review their cases, and all courts — both state and federal — are bound by decisions of the U.S. Supreme Court. Search warrant – Ordering that a specific place be searched for items that, if found, can be used as evidence in court. Search warrants require a valid reason.
Affirmative – judgment of the courts of appeal, if the decree or order is validated and applies in the version decided by the lower court. Proceedings conducted without notification to interested persons, except in the cases provided for in article 3-306 (45-3-306 NMSA 1978), before the court of succession of a will or the appointment of a personal representative. 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.) Journalist – Records hearings, creates a transcript and publishes court opinions or decisions. Real innocence: The term real innocence refers to the absence of facts necessary for a conviction and is a common defense against criminal charges. In the context of a post-trial appeal in which this defence is used, an accused must present additional evidence that undermines the court`s confidence in a guilty verdict. Any hearing or appearance before a court in connection with the disposition of a case. Bank; the place where a court sits permanently or regularly. The release of a person accused of a crime before trial under certain conditions to ensure that the person appears in court if necessary. May also refer to the amount of bail recorded as a financial condition for pre-trial release.
See-say: Procedure by which judges and lawyers select a jury from among persons qualified to perform their functions by questioning them in order to ensure knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. A plea filed with the court by the defendant in pre-trial civil proceedings to answer or reject the plaintiff`s claims. A judgment that explains the rights of the parties or expresses the opinion of the court on the point of law without anything being ordered. A procedure in which the accused is placed in a row of two or more like-looking persons who can be seen by a victim or other witnesses. An error made by a lower court in proceedings that do not affect the rights of the party and for which the Court of Appeal will not set aside the judgment. A rule of law that courts and judges must draw a particular conclusion from a particular fact or evidence. 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.