27 Sep A to Z Legal Terms
Jurisdiction. The legal right by which judges exercise their authority. A posteriori: Retrospectively; a law passed after a law that retroactively makes such an act illegal. Such laws are prohibited by the United States Constitution. With regard to civil actions in “justice” and not in “law”. In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate “justice” court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in “legal cases,” but not in “equity cases.” Jurisdiction – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time.
Some issues may be heard in state and federal courts. The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2. The geographical area in which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. Dicta. Plural of “obiter dictum”. A judge`s remark in a legal opinion that is not relevant to the decision and does not set a precedent.
Amicus Curiae. (Latin: “friend of the court.”) A person or organization filing a legal document with the court expressing its opinion on a case involving other parties because it has a strong interest in the subject matter of the action. 1. A declaration of taking responsibility. 2. The brief statement at the end of a legal document showing that the document has been properly executed and recognised. If you need help defining a legal word or phrase, check out FindLaw`s legal dictionary for free access to over 8,000 definitions of legal terms. Fraud.
False and misleading statements of fact intended to induce another person to rely on something of value that he or she possesses or a legal right to which he or she is entitled. Paralegal: A person who is trained to perform various legal tasks but is not licensed to practice law. Government agency empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Opposition procedure. Legal proceedings involving parties with conflicting interests, where one of the parties requests an appeal and the other is against it. Objection. In a trial, a reason given by a lawyer that a case or proceeding is illegal. The filing of objections in open session is important for drawing up the minutes of the appeal. Bail – guarantee for the release of a criminal accused or a witness from pre-trial detention (usually in the form of money) in order to guarantee his appearance on the day and time fixed. Continuation.
Postponement of a court case to a later date. FindLaw.com Free and reliable legal information for consumers and legal professionals Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. Power of attorney. A written document authorizing a person to take certain legal action on behalf of the person granting the power of attorney. Arbitration. A mini-trial that can be held instead of a court case and conducted by a single person or a panel of three people who are not judges.
Arbitrators are usually former judges or experienced lawyers. In general, arbitration is more cost-effective and faster than jury trials. Arbitral awards may be converted into a judgment of a court upon application to the court, unless a party has protested against the existence of gross injustice, collusion or fraud. Common Law – The legal system that originated in England and is now used in the United States. It is based on court decisions and not on laws adopted by the legislator. Fraud Act: The requirement that certain types of contracts must be in writing to be enforceable. Examples of such contracts are: contracts for the purchase or sale of land and agreements which, according to their conditions, cannot be fulfilled within one year. 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.
Continued: A temporary stay or postponement of legal proceedings. Informed consent: Consent given after full disclosure of constitutional and other legal rights that affect consent or not. To define a legal term, enter a word or phrase below. The FindLaw Legal Dictionary – free access to more than 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). Answer. In a civil case, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time, and it gives or denies the factual or legal basis for liability (more generally).
Normally, a defendant has 30 days to file a response after receiving the plaintiff`s complaint. In some courts, a response is simply called a “response.” Judgement. An official decision of a court that resolves problems in a court case and determines the rights and obligations of the parties. See also Decree, Decree. Expert: A witness with experienced training or experience who is authorized to give advice in legal proceedings. Layman. A layman; a non-expert. In law, a person who has not completed formal legal training. Implicit: When the intention of the parties is not expressed by direct conditions, but results from the surrounding circumstances or behavior. Testimony: Testimony of a witness or party taken under oath in a court case or testimony. Jurisprudence: The collective legal system, including jurisprudence; the philosophy of law. Residence: Temporary suspension of legal proceedings by court order.
Judge Advocate: A court martial officer who may act as clerk, prosecutor and/or legal counsel to the court. The explanations in this guide are not direct alternatives. While we hope the statements will prompt lawyers to ensure that they only use legal jargon when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. The wording used in the act changes. Many lawyers now adopt a simple English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to be useful in two ways: complainants. The party complaining or suing; the one who appeals to the court. Also called applicant. Legal issue: Disputed point of law subject to a judicial decision. Recourse: Recourse to claim damages or assert legal action. Error.
In the legal sense, an erroneous interpretation of the facts or the application of the law that may give rise to a plea. Abogado.com The #1 spanish legal website for Consumer Guardian. A person who is legally responsible for the care and management of the person or property of an incompetent person or minor. Subrogation. Replacement of one person by another, thus giving the Member the same legal rights as the original participant. For example, an insurance company may have the right of subrogation to sue any person whom the person it compensated had sued. (The Continuing Power of Attorney (EPO) was replaced by an Continuing Power of Attorney (LPA) on 1 October 2007. An EPO created before that date is still legal and can still be registered with the Office of the Public Guardian.
After this date, you must create an LPA instead.) The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. The Study of Law and the Structure of the Legal System The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: LawInfo.com Nationalwide Lawyers` Directory and Legal Consumer Resources Right to Privacy: A universally recognized legal right to be left alone and live your life free from unwarranted advertising or intrusion. A violation of the right to privacy may give rise to a cause of action or a tort claim. The law as set out in previous court decisions. Synonymous with precedent.