A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Are you a lawyer? Visit our professional website » Cross-examination – examination of a witness by the lawyer of the other party. Instructions from a judge to the jury before it begins its deliberations on the substantive questions to be answered and the legal rules to be applied. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the Internet. Contact us. In criminal law, the constitutional guarantee guarantees the accused 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. A lawyer employed by federal courts full-time to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Program in accordance with the Criminal Justice Act. 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 Bankruptcy Code). A court decision in a previous case with facts and legal issues similar to a lawsuit currently before a court. Judges will generally follow precedents, that is, they will apply the 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 in any way. 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 for which the court has jurisdiction to rule on cases. EXAMINE, practice. The examination of a witness in order to establish his knowledge of the facts between the parties. If the examination is conducted by the party who called the witness, it is called examination-in-chief. If it is done by the other party, it is called cross-examination.
(c.v.s.) 2. The examination shall, as far as possible, take place in open court; But if, for reasons of age, illness or otherwise, the witness cannot be heard in this way, he may be brought before authorized commissioners. At the main hearing, the defence lawyer may not ask essential questions, except in special cases. Video cross-examination; Leading question. 3. The laws of the various states require the private examination of a woman secretly before a competent official in order to transfer her claim on her own property or the interest she has in those of her husband: on how this should be done, see Acknowledgement. See also 3 Call, R. 394; 5 Mason`s R.
59; 1 hill, R. 110; 4 Leigh, r. 498; 2 Gill & John. 1; 3 margin. R. 468 1 Monr. R. 49; 3. Monr. R. 397; 1 Edw.
R. 572; 3 Yerg. R. 548 1 Yerg. R. 413 3 J. J. Marsh. R. 241 2 A. K.
Marsh. R. 67; 6. Wend. R. 9; 1 Dall. 11, 17; 3 Yeates, r. 471; 8 p. and R. 299; 4 p. and r. 273.
The study of the law and structure of the legal system Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on his claim. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. With regard to civil actions in “justice” 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 “court” could order someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and equitable power, but the distinction remains important.
For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Bail – security for the release of an accused or remand witness (usually in the form of money) to guarantee his appearance on the appointed day and time. 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. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction in the same case at the same time. Some issues can be heard in state and federal courts. The plaintiff first decides where to bring the action, but in some cases the defendant may try to change the court.
(2) The geographical area in respect of which the court has jurisdiction to hear cases. A federal court in a state, for example, can generally only decide a case arising from actions in that state. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and one three-year term result in a maximum of five years behind bars while they are served. Habeas Corpus – A memoir often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there is insufficient reason to be detained would file a writ of habeas corpus.
It can also be used to detain a person in court in order to testify or be prosecuted. The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or a “family fisherman”, as defined in the Bankruptcy Code. Common Law – The legal system that originated in England and is now used in the United States. It is based on court decisions and not on laws adopted by the legislature. Oral statement made before an official legally authorized to take the oath. Such statements are often collected to hear potential witnesses, to obtain discoveries or to be used later in the trial. See Discovery. 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. All financial interests of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A government body empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Abogado.com The #1 website in Spanish Consumer Legal FindLaw.com free and reliable legal information for consumers and lawyers LawInfo.com National Bar Directory and Consumer Legal Resources Written statements filed with the court outlining a party`s legal or factual claims regarding the case.
In civil law systems, legal procedure varies from country to country. Questioning usually begins with the judge hearing the witness. In some countries (e.g. Germany), the witness can then be questioned by lawyers for both parties. In France, lawyers` questions to witnesses may only be put through the President of the Court. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: A claim that may be owed by the debtor in certain circumstances, such as if the debtor is a co-signer of someone else`s loan and that person does not pay.