Execute – To meet the legal requirements (e.B. signature in front of witnesses) that make a will valid. The enforcement of a judgment or judgment also means the implementation of the final judgment of the court. Cancellable Contract – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian. Admissible evidence – evidence that can be presented legally and correctly in civil or criminal proceedings. A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. Grand Jury – A group of citizens who listen to evidence of criminal charges presented by the government and determine if there is a likely reason to believe that the crime was committed. As it is used in federal criminal cases, “the government” refers to the lawyers in the U.S. Attorney`s Office who are prosecuting the case.
Grand jury proceedings are closed to the public and the person suspected of having committed the crime is not allowed to be present or to have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. 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. Examination for discovery – Examination of facts and documents in the possession of opponents by lawyers before the trial to help lawyers prepare for trial. 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 designed to help in two ways: Conviction – The legal process in which the government takes private land for public use and pays a fair price to the owners, as determined by the court. Binding – To keep a person on bail or in jail in court. If the bailiff holding a preliminary hearing finds probable reason to believe that the defendant has committed a crime, he will bind the defendant, usually by setting bail for the defendant`s appearance in court. 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.” Prohibition Brief – A statement of claim used by a higher court to prevent a subordinate court from exceeding its jurisdiction. Residence – The place where a person has permanent legal residence. A person may have several residences, but only one residence. Common-law lawyer – An individual (who is not necessarily a lawyer) authorized by another person to act in his or her place, either for a specific purpose or to perform a specific act; or for the resolution of companies in general, not of a legal nature. This authority is conferred by a written document called a power of attorney or, more commonly, a power of attorney. Complainant – The party who complains or sues; the one who appeals to the court.
Also called applicant. Trustee – A person who has a legal trust relationship with another person and has a duty to act primarily for the benefit of the other: i.e., a guardian, trustee or executor. Service – The delivery of a legal document or the obligation to appear in court by an officially authorized person in accordance with the formal requirements of applicable laws. The service, unless waived, is required for complaints, subpoenas or subpoenas to inform a person of a lawsuit or other legal action against them. Trust – The legal means of managing real property or personal property established by one person (the settlor or trustee) for the benefit of another person (the beneficiary). A third party (the trustee) or settlor manages the trust. Fraud Act – An Act that requires certain documents to be in writing, e.B. leases for more than one year. According to the UCC, contracts for the sale of goods over $500 must be in writing to be performed. Prima facie – Probably. A fact that one believes to be true unless one is refuted by evidence to the contrary.
Evidence that will prevail until it is refuted and overcome by other evidence. Prima facie evidence is a case in which the plaintiff has provided sufficient evidence to compel the defendant to pursue his case. In other words, the plaintiff prevails if the defendant does not refute his case. 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). Miranda Warning – Prior to any pre-trial detention interrogation (i.e. interrogation by the police after a person has been substantially deprived of liberty), a person must be informed that: (1) he or she has the right to remain silent; (2) Any statement he makes may be used as evidence against him; (3) he is entitled to the presence of an advocate; and (4) if he cannot afford to pay for a lawyer, a lawyer will be appointed for him before each interrogation if he so wishes. The law as set out in previous court decisions. Synonymous with precedent.
Similar to the common law, which stems from tradition and judicial decisions. Commands a cookie to appear and create documents. Slander – False and defamatory language that tends to damage someone else`s reputation, business, or livelihood. Defamation is a spoken slander; Defamation is published. in civil proceedings, the person or entity against whom the plaintiff is bringing an action; in criminal proceedings, the person accused of the offence. Immediate cause – An action that caused an event to occur. As a general rule, a person is liable only if harm was caused directly by his act or omission, if he was obliged to act. The release of a person accused of a crime before trial under certain conditions in order to ensure that person appears before the court if necessary. May also refer to the amount of bond money recorded as a financial condition for pre-litigation publication. Contempt of court – Conduct that is intended to diminish the dignity of a court. Also a deliberate act of disobedience to the oral or written order of a judge.