We`ll look at what prose means, its legal definition, what it means to be a pro-se plaintiff, a pro-se defendant, or a pro-se litigant, and more. The study of the law and the structure of the legal system Filing itself means filing a legal document yourself as part of a legal proceeding or filing a legal information document in court without consulting a lawyer. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state.
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. At FindLaw, we know that legalese can be confusing. We constantly hear people abusing legal words and phrases. That`s why we decided to help you better understand all the legal phrases thrown at Law & Order. Here`s a new educational series we love to call FindLaw`s Legalese 101. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. In other words, a person can voluntarily and freely decide not to hire a lawyer to handle court proceedings. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language.
The terms are listed in alphabetical order and can best be retrieved by selecting a letter here: All the debtor`s interests in the real estate 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. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. The legal definition itself is an unrepresented party in court (or a self-represented party). A litigant usually has no significant experience with the legal system and must deal not only with the legal issue, but also with the opposing party, the rules of procedure of the court, and the preparation of a legal case.
Although many jurisdictions consider that a person has the right to represent himself or herself in court, in most cases, due to the complexity of the legal issue and what is legally at risk, the courts recommend that a person use the services of a lawyer. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. 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. 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. 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.” A person may choose not to deal with the legal system through a lawyer, but to treat it personally. 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.