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. 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. 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. 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 order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted.
Written statements submitted to the court outlining a party`s legal or factual allegations about the case. For most of the world, billionaire Jeffrey Epstein is a convicted sex offender and financial con man. Perpetrator is a legal term used in criminal law to refer to a person who has been convicted of committing a crime or criminal offence. An adult offender is a person who has been convicted of a crime after reaching the age of majority. A young offender (usually called a juvenile offender) is a person convicted of committing a crime in late adolescence or early adulthood but before reaching the age of majority. 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. Contracts or leases where both parties still have obligations to perform.
If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. 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. 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. 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. 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. 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. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. Could Dr. Huxtable spend his final years as a sex offender in prison? An abuser is a criminal, someone who breaks the law. A first-time offender may only be fined or perform community service, depending on the offence. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. The philosophical determinist would denounce the behavior of the author, but not that of the author. The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. Andrea leaned over to the attacker and asked him in an imperious voice.