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”. An agreement by which a debtor agrees to continue to pay an excusable debt after bankruptcy, usually for the purpose of retaining security or mortgaged property that would otherwise be repayable. The exemption of a debtor from personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal liability for certain debts, called excusable debts, and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to collect the debts. Debt relief also prohibits creditors from communicating with the debtor about the debt, including through telephone calls, letters and personal contacts. Latin, which means “in law”. Something that exists by law. 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. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. A group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. 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.

A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. A claim for which no specific value has been determined. 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. 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. A written and verbatim record of what was said in a proceeding such as a trial or during another formal conversation such as a hearing or an objection to oral testimony by a trustee or creditor to the discharge of the debtor from personal liability for certain excusable debts. Common reasons are allegations that the debt to be settled arose under false pretenses or that the debt arose from the debtor`s fraud in the course of his trustee activity. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. 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. (n.1) in a criminal case, the specific indication of the offence of which the party is accused (accused) contained in the indictment or criminal complaint. (2) In jury trials, the judge`s oral instructions to the jury immediately before the jury deliberations begin. This indictment is based on the instructions of the jury, presented by counsel for both parties and accepted by the trial judge. and (3) remuneration for services. An indictment against the jury is the trial in which a judge turns to the jury before the verdict. During the indictment, the judge summarizes the case and instructs the jury on issues such as the rules of law applicable to the various issues in the case. The formal grand jury indictment, which states that there is sufficient evidence that the accused committed the crime to warrant trial; It is mainly used for criminal offences. See also Information. Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”.

The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Latin, which means “of one`s own will”. Often designates a court acting in a case without either party asking for it. For possible crimes, a prosecutor will present evidence from an impartial group of citizens called a grand jury. Witnesses can be subpoenaed, evidence is presented to the grand jury, and grand jury members have a glimpse of the case. The grand jury hears the prosecutor and witnesses, then votes in secret on whether it believes there is enough evidence to charge the person with a crime. A grand jury can decide not to indict a person based on the evidence, no charges would come from the grand jury. All proceedings and testimony before a grand jury are sealed, meaning only those in the room know who said what about whom. The grand jury is a constitutional requirement for certain types of crimes (meaning it`s written in the U.S. Constitution), allowing a group of citizens who don`t know the defendant to make an impartial decision based on the evidence before charging a person with a crime.

In a criminal case, the defendant pleads “guilty” or “not guilty” in response to the charge. See also nolo contendere. In the practice of the Court of Appeal, this means that the Court of Appeal has concluded that the decision of the lower court is correct and remains as it was rendered by the lower court. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A formal accusation by a prosecutor that the accused has committed a crime. See also Indictment. Let`s start with charging. When a person is charged with a crime, a formal charge (a statement not yet proven) of a crime is made. A retail store may attach a financing fee to the money a customer owes into a business account. Income that is not reasonably necessary for the maintenance of the debtor or dependents. When the debtor is carrying on a business, disposable income is defined as amounts greater than what is needed to pay ordinary operating expenses.

Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. After reviewing the investigators` information and the information they receive from conversations with those involved, the prosecutor decides whether or not to refer the case to the grand jury. When a person is charged, he or she is officially informed that he or she is suspected of having committed a crime. The indictment contains basic information informing the person of the charges against him. Legal advice; A term that is also used to refer to lawyers in a case. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. 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.” 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.

Fact of the word: Charge has several meanings in English (the word eventually goes back to the Latin carrus via French, which means “char” and source of English. Car!) Since the late 1300s, the accusation had the meaning of an “accusation”. 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. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges.