An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. It may also be a person duly responsible for conducting hearings, deciding controversies and administering justice. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. (2) A legal structure or system designed to assess, in a general sense, to whom a benefit or burden should be accorded when the law is applied to a person`s factual circumstances. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. JUSTICE. The constant and eternal availability to give each person what is due to him.
Right. B. 1, Tit. 1. Toullier defines it as the conformity of our actions and our will with the law. Dr. Civ. Fr.
tit. Prel. No. 5. In the broadest sense of the term, it differs little from virtue, for it encompasses the whole circle of virtues. However, the common difference between them is that what is considered positively and in itself is called virtue, when considered relative and in relation to others, has the name of justice. But justice is in itself a part of virtue, limited to things that are merely good or bad, and consists in a person taking as much as he should. 2. Justice is distributive or commutative. Distributive justice is that virtue whose purpose is to distribute rewards and punishments to each according to his merits, respecting a right relationship, comparing one person or fact to another, so that neither equal persons have unequal things nor unequal persons have equal things. Tr.
von Gl. 3, and the scholarly note of Toullier, Dr. Civ. Fr. tit. Prel. No. 7, note 3. Commutative justice is that virtue whose purpose is to give everyone what belongs to him, as close as possible, or what governs contracts. In order to establish commutative justice, the judge must establish equality between the parties so that no one can be gained by the loss of another.
Tr. Gl. 3.4. Toullier exposes the lack of usefulness and precision of this division of distributive and commutative justice, adopted in the compendium or in the abbreviations of the old physicians, and prefers the separation of internal and external justice; The first is a conformity of our will, and the second is a conformity of our actions with the law: their union creates perfect justice. External justice is the subject of jurisprudence; Internal justice is the object of morality. Dr. Civ. Fr.
tit. Prel. Nos. 6 and 7.5. According to the Frederician Codex, Part 1, Book 1, Tit. 2, p. 2. 27, justice is simply to grant everyone the rights they have acquired under the law.
And since this definition includes all other legal rules, there is really only one general rule of law, namely: Give everyone their own. See General puffing. Natur- und Nationenrecht, B. 1, c. 7, S. 89; Elementorum Jurisprudentiae Universalis, lib. 1, certainly, 17, 3, 1; 2, c. 11, p. 3; Ld. Bac.
Read. Statistical uses, 306; Treaty of Equity, B. 1, c. 1, s. 1. Study of the Law and Structure of the Legal System Grand Jury – A group of citizens who hear evidence of criminal charges presented by the government and determine whether there are probable reasons to believe the crime was committed. As used in federal criminal cases, “the government” refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present.
States are not required to appoint grand juries, but the federal government must do so under the Constitution. Judge – A government official with the power to adjudicate claims in court. The bailiffs of the Supreme Court and the highest court of each state are called judges. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine 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”. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000.
The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. A claim for which no specific value has been determined. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Written statements submitted to the court outlining a party`s legal or factual allegations about the case.
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. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court.