A protocol that contains the complete history of each case in the form of short chronological entries summarizing the legal proceedings. Pre-trial detention – When an appeals court refers a case to a lower court for a new hearing. The lower court often has to do something different, but that doesn`t always mean that the court`s final decision will change as a party entitled to be heard by the court on an issue that needs to be decided in bankruptcy. The U.S. debtor, trustee or receiver, the case trustee and creditors are parties in the interest of most matters. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. Federal Issue – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress and treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. It is well known that criminal court proceedings drag on for months.
From the opening to the final statement, there is a lot going on that jury members (and spectators or listeners) have to absorb before moving on to the deliberation and judging phase. The following terms can help you better understand the ins and outs of the next trial you want. If so, you`re certainly not alone. That`s why we`ve summarized some commonly used – and sometimes commonly misused – judicial terms that anyone interested in the legal system should be aware of. A person or company that files a formal complaint with the court. A particular type of Chapter 11 case where there is no creditor committee (or the creditor committee is deemed inactive by the court) and the debtor is subject to stricter supervision by the U.S. trustee than other Chapter 11 debtors. The Insolvency Code contains certain provisions to shorten the period of bankruptcy of a debtor of a small business.
Bankruptcy judges on regular active duty in each district; a unit of the District Court. Brief – A formal written order of the court that requires the performance of a specific act. Pre-trial: At the end of the indictment, the accused returns to a pre-trial conference. If the defendant pleads “not guilty,” the judge will use the pre-trial conference to set a date for trial. In addition, this hearing allows legal teams to challenge the admissibility of evidence, reach settlement agreements and discuss other important pre-trial issues. Arrest warrant: An arrest warrant is an arrest warrant issued by a judge who orders a person to appear in court for failing to comply with a court order. prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. 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. Appeal: Once a defendant is found guilty, they can appeal – or a motion to have the decision reviewed by a higher court to determine if it was correct. Vocation – About vocations; A court of appeal has jurisdiction to review the judgment of another lower court.
A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) 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. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. Probation officers (or investigators) – select applicants for interim release and supervise convicted offenders released under judicial supervision. 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. Hearsay: The testimony of a witness who has not seen or heard the incident in question, but has heard about it from someone else. Hearsay is generally not admissible as evidence in court. Durable: When a party objects to testimony, recording of evidence, or other legal proceedings and the court or judge accepts the objection. It is the opposite of being outvoted.
On vocations; A court of appeal has the power to review the judgment of a lower court (court of first instance). For example, U.S. courts of appeals review decisions in U.S. District Courts. 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. Ticker: A transcript with short entries of court hearings.
Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion. Affirmative – judgment of the courts of appeal, if the decree or order is validated and applies in the version decided by the lower court. 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 court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. If a court decides that the charge has not proved that the defendant committed a crime, the defendant has been found not guilty. A written court order ordering a person to do or refrain from doing a particular act. Indictment: The process by which an accused is brought to court, informed of the charges, and asked to plead guilty or not guilty is called an indictment. A full-time judge serving the court.
Compare with Senior Judge. Verdict: The sentence ordered by a court for an accused convicted of a felony. 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. Pleadings: Written statements of parties in civil proceedings about their positions. In federal courts, the main remedies are complaint and response. 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.
Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. Judge: A government official empowered to adjudicate applications in court. The other bailiffs in the U.S. judicial system are Supreme Court justices. in forma pauperis – In the manner of a poor man. Allowing a person to sue for need or poverty without paying court fees. Objection: Lawyer`s protest against the legality of a statement in court. This includes irrelevant material, hearsay, advice, calls for reasoning, lack of foundation, etc. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time.
Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Whether you can`t stop watching “The Good Wife,” are a member of Olivia Benson and Elliot Stabler`s fan club, or simply listen to every episode of the “Court Junkie” podcast on your favorite podcast app, the colloquial language of the courtroom is no stranger to you. In Canada, duty counsel are lawyers who are available in courthouses to provide assistance, and some free legal advice for people who appear in court without a lawyer and cannot afford to hire a lawyer. Duty counsel can usually help with criminal, family, tenant and mental health matters. Search warrant – Ordering that a specific place be searched for items that, if found, can be used as evidence in court. Search warrants require a valid reason.