Legal Terms Start with E
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 constitutional right of all to equitable access to the law and the courts. It requires that all persons be treated equally before the law and guarantees due process to all persons accused of a crime. Unjust enrichment: The doctrine that a person should not be allowed to improperly obtain or use another person`s actions and efforts without compensation. Rejection: The voluntary recusal or withdrawal of a judge from an ongoing proceeding due to an appearance of bias or lack of impartiality. Option: An open offer to sell that must be accepted by the option beneficiary under the terms of the option, and if it is not accepted within the specified time, the right to do so will be forfeited. 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. Suspension: Temporary suspension of legal proceedings by court order. A person or company that files a formal complaint with the court. The lawful surrender by one State of a person accused of a crime to another State. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. Judge Advocate: An officer of a court martial who may act as a clerk, prosecutor and/or legal counsel to the court. Intrusion: Unlawful interference with the use of another person`s property. Civil rights: The right to enjoy life, liberty and the pursuit of happiness, including constitutional rights such as freedom of expression and religion, without discrimination of treatment on the basis of race, colour, sex, age, religion, prior servitude or national origin. As with X-rays, CT scans are not limited to a single area of the body, but are used everywhere. Written statement from a judge on the court`s decision.
Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. Payment of a debt to a creditor within 90 days prior to a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. For cause: with sufficient legal justification to take action.
A civil injustice, not a criminal one. A negligent or intentional breach of person or property, other than breach of contract. Immunity: An exemption from prosecution for a witness to answer questions that might otherwise not be disclosed because of the constitutional privilege of self-incrimination. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. 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. Fiduciary: A person in a position of trust who has a duty to act responsibly with respect to the money or property of others; a trustee; a person who acts in or in a fiduciary relationship. 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. Ex parte: Request or communication to the court without notice and outside the presence of an opposing party. Ex parte communications are prohibited. The Court of Appeal agrees with the lower court`s decision and upholds it. See affirmative. Accusing someone of a crime. A prosecutor hears a criminal case on behalf of the government The legal questioning of a witness by a lawyer. There is direct examination, cross-examination, cross-examination and re-examination. If you find an error or omission in Duhaime`s law dictionary, or if you have a suggestion for a legal term, we`d love to hear from you! The exemption of a debtor from personal liability for certain excusable debts.