The client`s act of engaging a lawyer or legal advisor, which also refers to the fees paid by the client when the lawyer is appointed to act on his or her behalf. The court`s inquiry to determine if there is a legal reason not to impose a penalty. Failure to do something that a reasonable person, guided by ordinary considerations, would do, or to do something that a reasonable and prudent person would not. Panel – (1) On appeal, a panel of judges (usually three) to decide the case; (2) In the jury selection process, the pool of potential jurors. Literally « whatever the judgment ». A judgment rendered by court order on behalf of a party, even if a jury verdict was rendered against that party. (J. N. O. C.) U.
Attorney – A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. A public summoning of the file or list of cases to set a time limit for the hearing, decision on an application or making orders. In criminal law, a defence relied on by a defendant who has the burden of proof to support it. In civil cases, a positive defense may be raised by a defendant or plaintiff against a counterclaim. A positive defence must be demonstrated by a balance of probabilities, and the burden of proof lies with the party asserting it. A postponement granted by the court in the context of legal proceedings. In general practice, an extension can only be granted for a valid reason, for example: due to illness or a defence lawyer or a party, or in case of unavailability of a witness or with the agreement of the parties. Certiorari Order – An order of the Supreme Court directing the lower court to provide documents for a case for which it is being heard on appeal. As a general rule, the Supreme Court is not required to hear appeals. The Supreme Court`s refusal of the « certificate » confirms the previous decision. Affirmative – judgment of the courts of appeal, if the decree or order is validated and applies in the version decided by the lower court. The request in a procedural document indicating what action or remedy is sought.
An order directing the sheriff or other officer to inform the designated person that legal action has been taken against them in court and that they are required to respond to the complaint in such a proceeding. A court order or invitation to appear in person before the court at a specific time on a specific day to respond to an indictment. Preliminary, temporary, not definitive. Refers to orders and judgments of a court. The improper execution of an act that a person could lawfully perform. A written report of an act, judicial proceeding, transaction or instrument prepared by a regular official under a legal authority and intended to serve as a reminder or permanent evidence of the matters to which it relates. Previous – A court decision in a previous case with facts and laws similar to a lawsuit currently pending in court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed.
A precedent is binding, which means it must be followed. Other precedents do not have to be followed by the court, but can be considered influential. Time limit within which a civil or criminal action may be instituted after the case has arisen. The time limit depends on the type of measure and is set by the legislator. Once the applications for certiorari have been processed, the judges begin to discuss the cases that have been heard since their last conference. According to the Supreme Court transcript, all judges have the opportunity to express their views on the case and to express questions or concerns. Each judge speaks about the others without interruption. The Chief Justice makes the first statement, then each judge speaks in descending order of seniority and ends with the lowest judge – the one who has served the fewest years on the court. On our own behalf; Often used to refer to a party who represents himself or herself in legal proceedings rather than being represented by a lawyer. A court of appeal hears appeals from decisions of its county district courts, as well as appeals against decisions of federal administrative authorities.
Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts, possibly by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Vocation – About vocations; A court of appeal has jurisdiction to review the judgment of another lower court. Enter the U.S. courts of appeals. Learn about litigation, court culture and landmark cases. Sentences for more than one crime, in which each person`s sentence must be served together and not consecutively. The introduction of refuting evidence. Prove that witness testimony about what happened is not true.
It is also the stage of a procedure during which such evidence can be presented. An act of an executive branch (governor) that exempts a person from further punishment for a crime and restores rights and privileges lost as a result of the crime. Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty. A remedy based on a system of equity, natural law or justice, as opposed to common law remedies. The county in which a civil or criminal case may be heard and decided. This can be the county where it was filed or a county to which the case is sent in the event of a change of jurisdiction. 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. Abbreviation of and sequentes or and sequentia, which means « and what follows ».
The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court that adheres to its own precedent. For example, if the Seventh District Court of Appeals were to comply with the decision in an earlier case of the Seventh District Court of Appeals, this would be a horizontal stare decisis. A court engages in vertical stare decisis when applying the precedents of a higher court. For example, if the Seventh District Court of Appeals were to comply with an earlier decision of the U.S. Supreme Court, it would be a vertical stare decisis decisis. Or, further, if the United States District Court for the Southern District of New York were to uphold an earlier Second Circuit decision, it would be a vertical stare decisis. The union of two or more persons in the context of legal proceedings.
Negligence not directly attributable to a person. This is the negligence of another person who has a legal relationship with him and for which he is guilty of the fault, such as an employer responsible for the negligence of a representative or employee. a statement by the registrar as to whether a defendant has been served; delivery date; and that the respondent/defendant has not responded within the time limit set by law. A court with the power to review the procedures and judgments of the lower courts. A written instruction from a court or judge that is not a judgment. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. Freedom from oppression, injustice or injustice. In this sense, it is used as an umbrella term for the assistance, reparation or benefit that a plaintiff seeks from a court, particularly on grounds of fairness.