Penalty or forfeiture; in civil matters, the fine shall be paid to the party at fault; In criminal cases, the fine is paid to the court. Substitute of the court, which presents procedural documents, motions, judgments, etc., issues proceedings and keeps records of judicial proceedings. The functions and duties of clerks are usually determined by law or court order. Evidence – information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case for either party. A lawsuit that occurs in or in connection with a bankruptcy case and begins with the filing of a complaint with the court, i.e. a « proceeding » that takes place as part of a bankruptcy proceeding. Witness cross-examined by the party who called him as a witness for manifest hostility towards that party, as expressed during his direct hearing. A federal judge who, after reaching the required age and duration of judicial experience, assumes the status of a senior judge, thereby creating a vacancy among the active judges of a court. A high-ranking judge retains the function of judge and can reduce his workload by up to 75%, but many opt for a greater number of cases. Term used to indicate that a court has jurisdiction to hear all controversies that may be conducted within the legal limits of rights and remedies. Is contrary to a special or limited jurisdiction. A written document prepared by the Chapter 11 debtor or other plan proponent to provide creditors with « adequate information » to enable them to assess the Chapter 11 reorganization plan.

Latin for « friend of the court ». This is a consultation formally offered to the court in a brief filed by a company interested in the case, but not by a party to the case. Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress, and treaties. A person designated by a court to administer the estate of a protected person. Discontinuing legal proceedings by court order. Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses that are unable to pay their debts and seek the court`s help in making a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts by potentially paying a portion of each debt. Bankruptcy judges preside over these proceedings.

The accused`s application in criminal proceedings in which the court is asked to impose a sentence of acquittal for the reasons mentioned, instead of submitting the question of guilt to the jury. An indeterminate sentence of « no less » and « no more than » so many years, the exact period to be served subsequently being determined by the probation authorities within the minimum and maximum limits set by the court or by law. The person or company that, in the context of criminal proceedings, deposits a bail guarantee in order to guarantee the execution of the client (defendant) during his appearance in court, in compliance with the conditions of probation, etc. Notice of AppealInformation to the court and other parties to the action that a party intends to exercise its right of appeal. Filing the notice of appeal with the District Court is the first step in filing the appeal. Term used to refer to the clerk`s bank account, where money is deposited by litigants and kept until further notice from the court. Bring a person accused of a crime to court to answer the charges against them. A written record of an act, judicial proceeding, settlement or document prepared by an ordinary official on a legal basis and intended to serve as a memorial or permanent evidence of the matters to which it relates. Judgment – The official decision of a court that definitively determines the respective rights and claims of the parties to a lawsuit. An order of a court transferring a ground of jurisdiction from that court to another court. Technically, a statement of claim in which people are summoned to court to act as jurors; Popularly used as the body of people summoned for jury service.

A judge`s written explanation of the court`s decision. Since a case can be heard by three or more judges of the Court of Appeal, the opinion in appeal decisions can take various forms. If all the judges are in complete agreement on the outcome, a judge will write the opinion for everyone. 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 write separately in dissenting or concurring opinions to express their views. A dissenting opinion contradicts the majority opinion on the basis of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the decision of the majority opinion, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also the previous one. The explanation of a judge or court of the decision taken in a case heard or pleaded before him, the explanation of the law as applied to the case and the reason why the judgment was rendered. Learn how to find and fill out legal forms, create your own legal documents, and file documents with the court.

The respondent`s response to the complaint is called a response, although some states use a different word for this document. The response relates to each paragraph of the complaint, and each response will generally take one of three forms: « admitted », « rejected », « insufficient knowledge to admit or deny ». A response may also include various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff`s harm. Some of these defences could also serve as the basis for a motion to dismiss. DamagesA financial compensation that can be recovered in court from a person who has suffered loss or damage as a result of an unlawful act or negligence of another person. A juror who is chosen in the same way as an ordinary juror who hears all the evidence, but who does not help decide the case, unless asked to replace a regular juror. Intentional and knowingly false testimony in court, orally or in writing, such as in an affidavit of a person under oath. Written statement A written statement of the case, including a summary of the facts, a statement of the legal issues involved, and the legal arguments and powers on which the party relies. It serves as each party`s main brief to the Court of Appeal for a decision. MandamusWörtlich: « We order. This is an order from a court superior to a subordinate court or official to fulfill a legal obligation. A kind of deposit consisting of a written promise to appear in court if necessary, without deposit of money or other guarantees.

A case brought before the courts by only one party, without notice or dispute by the other party. Appeal – An application made after a trial that asks another court (usually the Court of Appeal) to decide whether the proceedings were conducted correctly. Making such a request means « appealing » or « appealing ». Both the plaintiff and the defendant can appeal, and the party who does so is called the plaintiff. Appeals can be filed for a variety of reasons, including inappropriate procedures and ask the court to change its interpretation of the law. A law which derives its authority from the customs and traditions of the elders or from the judgments and decrees of the courts. Also called « jurisprudence ». Litigation – A case, controversy or lawsuit. Participants (plaintiffs and defendants) in a dispute are called litigants. The party who appeals the decision of a district court and usually seeks the annulment of that decision. 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. When preparing your documents, make sure that their format complies with the rules of the court where your case is pending. Most courts have rules about what documents should look like and what information they should contain. For example: USA Marshal (or bailiff) – apply the rules of conduct in courtrooms. The courts for the first hearing of questions of fact, unlike the courts of appeal. Bankruptcy judges on regular active duty in each district; a unit of the District Court. When a case is heard and heard by the court, the plaintiff`s argument is called the respondent`s response. In pleadings, the plaintiff`s response to a written statement from the defendant is usually referred to as a response. An error made by a lower court in the course of proceedings that do not affect the rights of the party and for which the Court of Appeal will not set aside the judgment. An original document asking the defendant to do what is necessary.

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