Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Culture the legal system the legal system For historical reasons, the system of law used in Scotland is different from that in England and Wales, with the law in Northern Ireland similar to that in England. A representative office is an office established by a company or a legal entity to conduct marketing and other non-transactional operations, generally in a foreign … The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof. A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). Administrative Law . The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority. The drawing power of a theatrical entertainment or of a performer; popular appeal. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Akin to common law, which springs from tradition and judicial decisions. In criminal cases, the government has the burden of proving the defendant's guilt. To charge someone with a crime. A civil, not criminal, wrong. A release of a debtor from personal liability for certain dischargeable debts. final office action. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. ; 3 S office synonyms, office pronunciation, office translation, English dictionary definition of office. A representative office is an office established by a company or a legal entity to conduct marketing and other non-transactional operations, generally in a foreign country where a branch office or subsidiary is not warranted. A command, issued under a court's authority, to a witness to appear and give testimony. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Officers of the probation office of a court. Common Legal Words Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as a public service. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy. A factor influencing this power: Notoriety is usually good box office. "In the manner of a pauper." In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. Often means outside the presence of a jury and the public. Administrative Law; The Practice of Law; Employment Law; office. A form of discovery consisting of written questions to be answered in writing and under oath. 2. In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States. A 27-judge body whose presiding officer is the Chief Justice of the United States. A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code). All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. Learn more. A reorganization bankruptcy, usually involving a corporation or partnership. A claim for which a specific value has not been determined. See also felony. An invalid trial, caused by fundamental error. An oral statement made before an officer authorized by law to administer oaths. Latin for "friend of the court." Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way. lucrative office. Total attendance for an entertainment; turnout. The policy-making entity for the federal court system. Can you spell these 10 commonly misspelled words? (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.). An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Solicitor, one of the two types of practicing lawyers in England and Wales—the other being the barrister, who pleads cases before the court. A branch manager is responsible for relaying the office's performance to the main office. Malfeasance Law and Legal Definition Misfeasance refers to an improper and unlawful carrying out of an act that, if correctly done, is in itself is lawful and proper, and results in harm to another. Not subject to a court ruling because the controversy has not actually arisen, or has ended. A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay. The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full. The law as established in previous court decisions. To avoid abandoning the prosecution, the applicant must respond by answering the examiner’s reasons for rejection, amending the claims, or both. 162), and other statutes extending back to the original Treasury Act of 1789 (1 Stat. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it,. The applicant’s only response options for a final Office action are to (1) resolve all outstanding issues, if possible, and/or (2) file an appeal with the Trademark Trial and Appeal Board. A debt secured by property that is worth less than the amount of the debt. Représentant légal d'une personne physique. An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. This handout sets out a short description of one way to put together an office memorandum. Latin, meaning "anew." Latin, meaning "in law." The Legal Office provides legal advice on a full range of disciplinary matters to the wing commander, as well as to subordinate units and partner commands under the worldwide mission. on Mortm. 1. Define legal public office. A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. A person appointed to administer a Chapter 13 case. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. Oath of Office Law and Legal Definition. A place in which business, clerical, or professional activities are conducted. Solicitors carry on most of the office work in law, and, in general, a barrister undertakes no work except through a solicitor, who prepares and delivers the client’s instructions. Les représentants légaux d'un enfant mineur sont les personnes qui exercent l'autorité parentale sur cet enfant. Delivered to your inbox! Office furniture means all office furniture and fixtures used by the Business which are owned by the Vendor and currently located at the Premises.Schedule 2.02 contains a list of Office Furniture. Representative offices are generally easier to establish than a branch or subsidiary, as they are not used for actual "business" (e.g. 41), was vested with all powers and duties of the six auditors and the comptroller of the Treasury, as stated in the act of July 31, 1894 (28 Stat. Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial. A debt that should have been listed by the debtor in the schedules filed with the court but was not. How to use legal in a sentence. A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. A trial de novo is a completely new trial. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. A formal request for the protection of the federal bankruptcy laws. A slang expression sometimes used to refer to a pro se litigant. All interests of the debtor in property at the time of the bankruptcy filing. Often refers to a court taking an action in a case without being asked to do so by either side. A synonym for legal precedent. The informal name for title 11 of the United States Code (11 U.S.C. The study of law and the structure of the legal system. Evidence presented orally by witnesses during trials or before grand juries. Priority refers to the order in which these unsecured claims are to be paid. A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary. A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. Parties to a lawsuit resolve their dispute without having a trial. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). means any office to which Article 117 of the Constitution applies; A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition. Accessed 5 Feb. 2021. A person called upon by either side in a lawsuit to give testimony before the court or jury. Its wide range of legal expertise is … It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Middle office and back office jobs generally do not directly produce revenue but are essential to managing risk and ensuring that transactions … A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. Index, h.t. The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. Legal office assistants support lawyers by performing varied administrative tasks. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case. The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims. Property of all kinds, including real and personal, tangible and intangible. It is a corruption of the Latin phrase "in propria persona.". Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. According to the statute, “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. Forums pour discuter de advocate, voir ses formes composées, des exemples et poser vos questions. A change of venue is a change or transfer of a case from one judicial district to another. An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Legal definition of Surrogate's office: an office in New Jersey which carries out duties in probate, the administration of estates, and the guardianship of minors. In appellate courts, often refers to an unsigned opinion. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate. (often plural) the building or buildings in which the work of an organization, such as a business or government department, is carried out Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. The duty to prove disputed facts. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. No contest. b. See also nolo contendere. Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Legal advice; a term also used to refer to the lawyers in a case. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other. A business not authorized to practice law that prepares bankruptcy petitions. A written or printed statement made under oath. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The court officer who oversees administrative functions, especially managing the flow of cases through the court. This is a limited preview — please sign in or subscribe to learn everything we know about the term “ office ”. A serious crime, usually punishable by at least one year in prison. Shelf. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. To place a paper in the official custody of the clerk of court to enter into the files or records of a case. A debtor may still be responsible for a lien after a discharge. The legal authority of a court to hear and decide a certain type of case. What made you want to look up law office? One bankruptcy petition filed by a husband and wife together. The … A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases. A judge in the full-time service of the court. The position of judge. chambers - A judge's office. A complete collection of every document filed in court in a case. Learn more. Learn more. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them. office. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and … A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. (There is an official form for bankruptcy petitions.). The study of law and the structure of the legal system Jury Each allegation is referred to as a count. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years. ? The disputed point between parties in a lawsuit; 2. The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The U.S. Attorney employs a staff of Assistant U.S. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason. charge - The law that the police believe the defendant has broken. As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. A debt that cannot be eliminated in bankruptcy. See also indictment and U.S. attorney. Latin, meaning "of its own will." Start your free trial today and get unlimited access to America's largest dictionary, with: “Law office.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/law%20office. on Mortm. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Federal criminal juries consist of 12 persons. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact. The act or process by which a person's rights or claims are ranked below those of others. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified. A case, controversy, or lawsuit. 2. The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control. An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it,. Contracts or leases under which both parties to the agreement have duties remaining to be performed. (as modifier): office furniture; an office boy. Legal and corporate affairs solutions. A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay. When a mistrial is declared, the trial must start again with the selection of a new jury. Elements of office management are termed as pillars of a building. Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. The number of cases handled by a judge or a court. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. A transfer of a debtor's property with the debtor's consent. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Prison terms for two or more offenses to be served one after the other. 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