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. 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. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” In criminal law, the constitutional guarantee 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 liberty or property.

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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S.

jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The study of the law and the structure of the legal system A written statement filed in a judicial or appellate proceeding that explains a party`s legal and factual arguments. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide 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 ill-decided or that it differs significantly from the current case. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if U.S. trustees or insolvency administrators have determined that there are not enough licensed credit counselling agencies available to provide the required advice. An insolvency reorganization, in which a company or partnership is usually involved. A Chapter 11 debtor generally proposes a reorganization plan to keep its business alive and pay its creditors over time. Natural or legal persons may also seek redress under Chapter 11. In civil proceedings, the person or entity against whom the plaintiff brings an action; in criminal proceedings, the person charged with the offence.

The chapter of the Insolvency Code dealing with cross-border insolvency cases. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. The sale of a debtor`s assets with the proceeds used for the benefit of creditors. A special condition imposed by the court requires a person to work – without pay – for a civil or non-profit organization. A doctrine that evidence obtained in violation of the constitutional or legal rights of a criminal accused is not admissible in court. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act. Procedures for obtaining disclosure of evidence prior to trial. “Per os.” Merriam-Webster.com Medical Dictionary, Merriam-Webster, www.merriam-webster.com/medical/per%20os. Retrieved 6 November 2022. A litigant`s application to a judge to rule on an issue related to the case.

A debt that should have been included by the debtor in the lists submitted to the court, but was not. (Depending on the circumstances, an unexpected debt may or may not be settled.) A federal agency responsible for collecting judicial statistics, administering the budget of federal courts, and performing many other administrative and programmatic functions under the direction and supervision of the United States Judicial Conference. A bankruptcy case filed either without a timetable or with incomplete schedules listing few creditors and debts. (Prima facie submissions are often made to delay an eviction or foreclosure A pre-trial motion that asks the court to prohibit the other party from presenting evidence on issues that would be so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. Degree of proof required. In criminal cases, the prosecution must prove the guilt of an accused “beyond reasonable doubt”. The majority of civil lawsuits require “preponderance of evidence” (more than 50%), but in some the standard is higher and requires “clear and convincing” evidence. 1. The process of questioning a witness` testimony. For example, if the lawyer can prove that the witness fabricated parts of his or her testimony, the witness is called an “accused.” 2.

The constitutional process by which the House of Representatives can “impeach” (accuse senior federal officials) of senior federal officials, who are then convicted by the Senate. The value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) Transfer of a debtor`s assets with the debtor`s consent. An allegation in an indictment or information accusing an accused of a crime. An indictment or denunciation may contain allegations that the defendant committed more than one crime. Each charge is called an indictment. The judge`s position. Under the law, Congress approves the number of judges for each district court and appeals court.