What is the difference between the facts and the law in a lawsuit

It has been replaced in most states by a security agreement, the form of which is designated in a Uniform Commercial Code as UCC UCC-1 security agreements must be filed with a s Other checks include cashier's checks issued by the bank fo Chief Justice n. Supreme Court. The Chief Justice of the U. Supreme Court is appointed by the President and then must be confirmed by the U.

The Chief Justice sets the tone for the court, assigns the writing of majority opinions to fellow jus A "child" should be distinguished from a "minor" who is anyone under 18 in almost all states. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or bot Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child.

There is a public perception that such evidence is weak "all they have is circumstantial evidence" , but the probable conclusion from the circumstances may be so strong that t Failure to appear can result in a warrant In a few areas civil and criminal law may overlap or coincide.

For example, a person Unfortunately, some courts are so clogged with pending l These liberties are prote Civil procedure refers only to form and procedure, Positive civil rights include the right to vote, the opp If such a demand is not honored, it may result in a lawsuit. In order to enforce a Usually the time to fil If the claim is The known creditors receive written notice of the bankruptcy and will receive a creditor's claim form.

They may also re Whether a person is part of a class is often crucial in determining who can sue on behalf of the United States which is used to determine if a situation creates a threat to the public, individual citizens or to the nation.

If so, limits can be placed on First Amendment freedoms of speech, press Almost every county has a clerk of the courts or County Clerk who fulfills those functions, and most courtrooms have a clerk to keep records and assist Usually a close corporation's shareholders are involved in the actual operation of the bus A "union shop" is a business in which a majority of the workers have voted to name a uni Some of the final documents, including the deed and mortgage or deed of trust, are then delivered to the county recorder to be rec The lawyer for the plaintiff or prosecution in a criminal case makes the first closing argument, followed by counsel for the defendant, and then the plaintiff's attorney can respon Occasionally a co-trustee may be a temporary fill-in, as when the original trustee is ill but recovers.

The co-trustee must act in consultation with the other trustee s Thus, a state may have a civil code, corporations code, education code, evidence code, health and safety codes, insurance code, labor code, motor vehicle code, penal code, revenue and taxation code, and so f Code of Professional Responsibility n. It covers such topics as conflicts of interest, honesty with clients, confidentiality and conduct toward other attorneys and the courts.

First developed and pushed by the American Bar Association, the code has b A codicil can add to, subtract from or modify the terms of the original will. When the person dies, both the original will and the codicil Cohabitation implies that the parties are having sexual intercourse while living together, but the definition would not apply to a casual sexual encounter Essentially the owner and the insurance company share the risk.

For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child.

A "direct attack" would have been to raise the issue of paterni In effect, once decided, the parties are permanently bound by that ruling. Collusion can include secret price or An outstanding example is found in the civil rights acts which penalize law enforcement officers for violating civil rights by making arrests "under color of law" of pe Usually this is applied to a federal court allowing a state court to try a criminal case either exclusively or first in which both a state and federal crime has apparently been Under a unique New York statute a plaintiff may prepare a summons and get a case number before filing a complaint.

If a comment is made in the presence of the jury, the jurors should be reminded it is not evidence and should not be considered. But how can a juror forget? The old adage: "a bell o This circumstance allows the frustrated party to rescind the contract without penalty. In recent years this body of law has been codified in the Uniform Commercial Code, which has been almost universally adopted by the states.

Spouses or business partners may commingle without a problem, except that a spouse may thus risk turning separate property into community property transmutat These range from the local planning or zoning commission to Technically the judge orders law enforcement personnel to take the prisoner or patient to such places.

Common areas may include recreation facilities, outdoor This is distinguished from a private carrier, which only transports occasionally or as a one-time-only event. Common counts may include claims of debt for goods sold and delivered, for work performed, for mo The best of the pre-Saxon compendiums of the common law was reportedly written by a woman, Queen Martia, wife of a king of a small English ki Usually holders of common stock have voting rights.

These are distinguished from preferred stock in which the profits are a predetermined pe This is where things get more difficult to understand or explain. Therefore, certain legal issues, even once decided by a judge, can still be addressed with the jury. In this example, it means the jury must decide if the lack of minute observation means the test is not reliable. Again, the Michigan Criminal Jury Instructions cover this issue in M Crim JI Armed with this information you will be able to make fully informed trial or no-trial decision.

Consumers Union of United States, Inc. A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property. French, meaning "on the bench. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Pertaining to civil suits in "equity" rather than in "law. A separate court of "equity" could order someone to do something or to cease to do something e. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.

The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. 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 proceeding brought before a court by one party only, without notice to or challenge by the other side. Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract.

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. 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.

The availability and amount of property the debtor may exempt depends on the state the debtor lives in. A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts.

Face sheet filings are often made for the purpose of delaying an eviction or foreclosure. An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 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 judiciary administers the federal defender program pursuant to the Criminal Justice Act. 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.

Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit. Jurisdiction given to federal courts in cases involving the interpretation and application of the U. Constitution, acts of Congress, and treaties. To place a paper in the official custody of the clerk of court to enter into the files or records of a case. 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.

The characterization of a debtor's status after bankruptcy, i. Giving debtors a fresh start is one purpose of the Bankruptcy Code. A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.

See also indictment and U. Latin, meaning "you have the body. 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. Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial. A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments.

Home confinement may include the use of electronic monitoring equipment — a transmitter attached to the wrist or the ankle — to help ensure that the person stays at home as required. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2.

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. Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public.

In private. 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. See also information. A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment. A court order preventing one or more named parties from taking some action.

A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor. 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.

The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

A court-approved mechanism under which two or more cases can be administered together. Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc. An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court. The official decision of a court finally resolving the dispute between the parties to the lawsuit. The policy-making entity for the federal court system. A judge body whose presiding officer is the Chief Justice of the United States. The legal authority of a court to hear and decide a certain type of case.

It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury. A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.

A case, controversy, or lawsuit. Participants plaintiffs and defendants in lawsuits are called litigants. A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties. Section b 2 of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case generally to chapter 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.

Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury. A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

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.

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims. No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. A debt that cannot be eliminated in bankruptcy. 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.

Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action. A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts.

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 trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors. A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms.

If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result.

Only the majority opinion can serve as binding precedent in future cases. See also precedent. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. In appellate cases, a group of judges usually three assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

The release of a prison inmate — granted by the U. Parole Commission — after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.

The Sentencing Reform Act of abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U. 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. A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.

The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities. In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere. Written statements filed with the court that describe a party's legal or factual assertions about the case.

The arrangement or rearrangement of a debtor's property to allow the debtor to take maximum advantage of exemptions. Prebankruptcy planning typically includes converting nonexempt assets into exempt assets. A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court.

Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. 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. A debt payment made to a creditor in the day period before a debtor files bankruptcy or within one year if the creditor was an insider that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

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. Typically, the judge and the parties also discuss the possibility of settlement of the case. A function of the federal courts that takes place at the very start of the criminal justice process — after a person has been arrested and charged with a federal crime and before he or she goes to trial.

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. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty.

Courts are often bound by the decisions of appellate courts with authority to review their decisions. For example, district courts are bound by the decisions of the court of appeals that can review their cases, and all courts — both state and federal — are bound by the decisions of the Supreme Court of the United States.

In the federal system, it applies to crimes such as first degree murder, genocide, and treason. For example, a trial court may use a prior decision from the Supreme Court that has similar issues. The chief judge also decides cases, and the choice of chief judges is determined by seniority. It is based on court decisions rather than statutes passed by the legislature. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.

Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. They are then said to be sitting en banc. Common exhibits include contracts, weapons, and photographs.

Constitution, acts of Congress, and treaties. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts. Lawyers must file a variety of documents throughout the life of a case. As it is used in federal criminal cases, "the government" refers to the lawyers of the U. 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 entitled to be present or have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution. A prisoner wanting to argue that there is not sufficient cause to be imprisoned would file a writ of habeas corpus.