The Court of Appeal agrees with the lower court`s decision and upholds it. See affirmative. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. State court jurors can only be six jurors in some cases. Federal civil prosecutions must have six jurors, criminal prosecutions must have twelve. Quash: A motion to quash essentially asks the judge to set aside or quash a particular lawsuit. For example, if the wrong person receives a subpoena to appear in court, a lawyer can file a motion to quash. 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. Pleadings: Written statements by parties in a civil case regarding their positions. In federal courts, the main remedies are complaint and response.
Motion – An attempt to have a limited case heard in court. Applications can be made before, during and after the process. in forma pauperis – In the manner of a poor man. Allowing a person to sue for need or poverty without paying court fees. Journalist – Records hearings, creates a transcript and publishes court opinions or decisions. the lawyer representing the person accused of having committed a criminal offence. The defence lawyer is responsible for advising and speaking on behalf of the accused and defending the rights of the accused during the criminal proceedings. Geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another. Certain assets belonging to an individual debtor that the debtor may retain with unsecured creditors under the applicable bankruptcy law or state law. For example, in some states, the debtor may be able to pay all or part of the equity at his principal residence (exemption from family ownership) or some or all of the “business tools” he uses to make a living (i.e.
automotive tools for an auto mechanic or dental tools for a dentist). The availability and amount of assets that the debtor can discharge depends on the State in which the debtor lives. the regulator of all lawyers and paralegals in Ontario. The Law Society of Upper Canada decides who is licensed to practise law, sets rules for those who practise law, helps the public find legal services, and works to improve the profession. An accused who pleads guilty to a crime or is convicted by a court of a crime is convicted of committing a crime and named as the perpetrator. Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. A certificate that promises to pay a lawyer to provide legal services.
The certificate allows you to receive free advice and representation from a lawyer while the government pays your legal fees up to a certain limit. All lawyers can decide whether or not to accept a case on a legal aid certificate. To obtain a legal aid certificate, your file must be eligible and your family income must be below the levels set by legal aid. Visit the Certificate Program page. Possibility of conviction in federal courts. With probation, instead of sending a person to prison, the court releases the person into the community and orders them to undergo a period of supervision supervised by a U.S. probation officer and comply with certain conditions. A process of resolving a dispute in court, where evidence is given and sworn (or formally promised) by witnesses, and where the law is argued and applied to the evidence by each party before a judge (sometimes with a jury). Most processes end with a decision or “judgment” to resolve the problem. A trial version can last from one day to several months. 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”.
It is well known that criminal court proceedings drag on for months. Judges are also responsible for making the trial as fair and efficient as possible, and for ensuring that parties and others in the courtroom follow certain rules and procedures. “In the manner of a poor man.” Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. A lawyer who specializes in representing clients by presenting legal arguments before courts, tribunals or other decision-making bodies. Anyone who has ever seen an episode of Law and Order knows that the words “appeal” and “hold” must be shouted before something truly dramatic happens in a courtroom. But what do these words really mean? Here are some translated legal terms: writ of certiorari – An order of the Supreme Court directing the lower court to provide documents for a case for which it is 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. 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.
The judicial drama – whether factual or fictional – is undoubtedly an irrefutable source of fascination for many. The stories that come out of the courtroom offer a kind of window into some of the most complicated but fundamental aspects of humanity: good versus evil, innocence versus guilt, victim versus guilt, and in some cases, past versus present when they relate to the development of law. Burden of proof: Burden of proof refers to the standard used to prove claims in a court case. The obstacle depends on the type of court case. The burden of proof is heavy in criminal proceedings – defendants are presumed innocent until the prosecution can prove beyond doubt that a crime was committed by the accused. Prosecutor Misconduct: As the name suggests, prosecutor misconduct refers to conduct on behalf of a prosecutor that violates court rules or ethical standards of legal practice. Examples include misconduct in the courtroom, manipulation of evidence, failure to disclose evidence, threatening a witness, and using false witnesses – all of which could be used to overturn a conviction if an appeal is filed. Estate: The process of administering a deceased person`s estate is called an estate. Therefore, the court with jurisdiction to deal with inheritance matters is called the probate court. Publicly funded centres that provide legal aid to low-income Ontarians in a variety of ways, including court and tribunal representation, legal advice and public legal education. The right as set out in previous court decisions. Synonymous with precedent.
Similar to the common law, which stems from tradition and judicial decisions. You may be familiar with some of the most commonly used court terms, such as witness testimony, opposition, cross-examination, plea, and circumstantial evidence. But have you ever been stunned by some of the lawyers you hear from episodes of your favorite court shows? Or maybe you suddenly realize that you don`t really know the full meaning of some of the legal terms you`ve become so accustomed to. The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors.