Case Definition Law

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. A civil proceeding, better known as a lawsuit or controversy, begins when a plaintiff files most of a document called a complaint with a court, informs the court of the injustice the plaintiff may have suffered because of the defendant, and seeks redress. The appeal sought may be money, an injunction requiring the defendant to enforce or refrain from bringing an action, or a declaratory judgment stating that the plaintiff has certain legal rights. The remedy is time-barred by the court if the plaintiff wins the case. Civil proceedings can also be settled by arbitration, which can lead to a faster settlement with lower costs than could be obtained through a procedure.

A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial. 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. A transfer of the debtor`s assets after commencement of proceedings. At any point in the case, the parties can agree on a settlement that ends the case, although in some circumstances, such as class actions, a settlement requires court approval to be binding. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. 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. A bankruptcy case filed either without calendars or with incomplete calendars that list certain creditors and debts. (Facial sheet deposits are often made for the purpose of delaying an eviction or seizure within the time frame within which a criminal prosecution or prosecution is to be initiated. The time limit may vary depending on the type of civil proceedings or the offence complained of. “Like a poor man.” Permission for the court to grant a person to file a case without paying the required court fees because the person cannot pay them. The formal written statement of a defendant in civil proceedings responding to a complaint and stating the reasons for the defence. A procedure in a Chapter 7 case where a debtor removes a secured creditor`s lien on a security by paying the secured creditor the value of the asset. The debtor can then retain ownership. A written description of the proceedings in a case, including all pleadings, evidence and evidence filed in the course of the case. 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.

Criminal proceedings begin in common law jurisdictions when a person suspected of a crime is charged with the crime by a grand jury or otherwise by a government official designated as a district prosecutor or district attorney. A person responsible for managing a Chapter 13 case. The responsibilities of a Chapter 13 trustee are similar to those of a Chapter 7 trustee; However, a Chapter 13 trustee has the additional responsibility of overseeing the debtor`s plan, receiving payments from debtors, and disbursing plan payments to creditors. A debt payment to a creditor within 90 days of 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. A party`s request to a judge to rule on a matter concerning the case. A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties. Information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case in favour of either party. n. referred to decisions of courts of appeal and other tribunals that reinterpret the law and can therefore be cited as precedents. These interpretations differ from “legal law”, i.e. laws and codes (laws) promulgated by legislative bodies; “Regulatory law”, i.e. regulations required by bodies on the basis of laws; and in some states the Common Law, the generally accepted law adopted by England.