Jury Instructions – A judge`s explanation to the jury before it begins to deliberate on the questions it must answer and the law governing the case. Each party offers instructions from the jury to the judge, but the judge chooses the final wording. In criminal law, the constitutional guarantee guarantee guarantees that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens freedom or property. Letter – A written statement submitted by each party`s lawyer in a case that explains to judges why they should decide the case (or a particular part of a case) in favor of that lawyer`s client. When Tatum and his appellate colleagues won in the Court of Appeal, Laird and his appeal colleagues decided to seek review by the Supreme Court. They successfully applied for a writ of certiorari from the Supreme Court, which ordered the Court of Appeal to send the minutes of the case (minutes of the Court of First Instance, application documents and various legal documents) to the Supreme Court. The legal systems of the Nordic countries sometimes belong to civil law systems, but as a separate branch and are sometimes considered distinct from the civil law tradition. In Sweden, for example, case law arguably plays a more important role than in some of Continental`s codified legal systems. The two highest courts, the Supreme Court (Högsta domstolen) and the Supreme Administrative Court (Högsta förvaltningsdomstolen), have the right to set a precedent that is binding in practice (but not formally) for any future application of the law.
The courts of appeal, both the general courts (hovrätter) and the administrative courts (kammarrätter), may also issue decisions that serve as a guide for the application of the law, but these decisions may be overturned by the higher courts. Much of the case law is used to prove the existence of a statute and not, unlike many common law jurisdictions, the creation of a statute. A transfer of the debtor`s assets after commencement of proceedings. In general, the higher courts do not have direct control over the registered lower courts, since at no time can they resort to their initiative (sua sponte) to set aside the judgments of the lower courts. Normally, it is the responsibility of litigants to challenge decisions (including those that clearly violate established jurisprudence) in higher courts. If a judge acts against precedents and the case is not challenged, the decision remains in effect. The facts are often conveniently summarized at the beginning of the notice issued by the court. Sometimes the best statement of facts can be found in a different or concurring opinion. WARNING! Judges are not exaggerated to be selective in the facts they point out. This can become crucial when it comes to reconciling seemingly contradictory cases, as the way a judge characterizes and “edits” the facts often determines how he or she will vote and, therefore, what rule of law is applied.
A court-approved mechanism under which two or more cases can be handled together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool their resources, hire the same professionals, etc.) 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. 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. When several members of a court rule on a case, one or more judgments may be rendered (or reported). Only the reason for the majority`s decision can set a binding precedent, but all can be cited as convincing, or their reasoning can be adopted in an argument. In addition to the procedural rules applicable to precedents, the weight given to a reported verdict may depend on the reputation of the rapporteur and the judges. [Citation needed] 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 in which the debtor is a company or person involved in the business activity and debts are intended for commercial purposes. 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. Location – The geographic location where a case is heard. 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. Each State has its own judicial system, which includes courts of first instance and appeal. The highest court in each state is often referred to as the “Supreme Court,” although there are a few exceptions to this rule, such as the New York Court of Appeals or the Maryland Court of Appeals. State courts typically hear cases involving state constitutional affairs, state laws and regulations, although state courts can generally also hear cases involving federal laws. States also typically have courts that deal only with a certain subset of legal issues, such as family law and probate. For example, a defendant convicted by a federal district court has the right to appeal that decision to the District Court of Appeal, and that court cannot refuse to hear him. The party who loses before that Court of Appeal may request that the case be heard by the Supreme Court but, except in special circumstances, he is not entitled to a hearing.
Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. The different role of case law in the civil law and common law traditions leads to differences in the way the courts make their decisions. Common law courts generally explain in detail the legal basis of their decisions, citing both previous legislation and relevant judgments, and often interpret broader legal principles. The necessary analysis (called ratio decidendi) then sets a precedent that binds the other courts; Other analyses, which are not absolutely necessary for the determination of the present case, are called obiter dicta, which represent a convincing authority but are not technically binding. In contrast, decisions in civil courts tend to be shorter and concern only laws. The reason for this difference is that these civil courts follow a tradition that the reader should be able to draw logic from the decision and the laws. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. 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.” The obligation to prove the disputed facts. In civil matters, a claimant generally has the burden of proof in his or her case. In criminal matters, the government has the burden of proof of the guilt of the accused. (See Standard of Proof.) A judicial officer who serves in the judicial districts of Alabama and North Carolina and, like the trustee of the United States, is responsible for overseeing the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements; follow-up of creditor committees; follow-up of fee requests; and the performance of other legal tasks. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. Case law, which is also used interchangeably with the common law, refers to the set of precedents and powers established by previous court decisions on a particular subject or subject. In this sense, the case-law differs from one jurisdiction to another.
For example, a case in New York would not be decided with California jurisprudence. Instead, New York courts will analyze the problem based on binding precedents. If there are no previous decisions on the subject, the New York courts could consider the precedents of another jurisdiction, which would be a persuasive authority rather than a binding authority. Other factors, such as the magnitude of the decision and the proximity of the facts, affect the authority of a particular case at common law. 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 procedure for resolving a dispute outside the courtroom. Most alternative dispute resolution methods are not binding and involve referring the case to a neutral party such as an arbitrator or mediator.