A full-time judge serving the court. Compare with Senior Judge. Collaborative law: A way to resolve conflicts without going to court. Both parties have a lawyer, but they agree not to go to court. A kind of ADR. Federal Issue – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress and treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. Breath test: Examine a person`s breath to see how much alcohol is in their body. Sometimes called breathalyzer. synonymous with “preliminary inquiry”; The hearing held by an associate district judge (or federal court judge) to determine whether a person charged with a crime should be brought to trial.
Most German courts are tried “in the name of the people”. [119] Court reporter: Someone who writes word for word what is said in court. They usually use a stenographic machine, stenographer or recording device. You can request a copy of this file. Court Counsel Arbitrator: An official judicial officer who can hear and decide cases sent by a judge. An error made by a lower court in proceedings that do not affect the rights of the party and for which the Court of Appeal will not set aside the judgment. Divorce: The legal dissolution of a marriage by the court. A written instruction from a court or judge that is not a judgment. Petition: An affidavit asking the court to initiate summary or special proceedings. It works like a complaint in a civil proceeding. Bondsman Lease: A person who is paid to collect the money on bail so that a witness or accused can be released. If the defendant or witness does not appear in court as ordered, the guarantor must pay the amount of the bond to the court.
Judgment of possession: A court order that transfers control of an object, place or space. Interim Protection Order: A court order requiring the accused to stay away from someone until the criminal case is resolved. A formal written request to a court requesting legal action in a particular case. An application to a court ex parte or, in the absence of any party, to object to the exercise of the judicial powers of the court in respect of a matter which is not the subject of a request or action, or the power to perform an act requiring leave of the court; for example, for the appointment of a guardian, for the authorization to sell property in trust, etc. Satisfaction of the judgment: A declaration submitted to the court by the judgement creditor that the judgment has been paid in full. See creditor judgments, judgment. Procedure issued by the court or “bank” to arrest a person. Pre-trial detention – When an appeals court refers a case to a lower court for a new hearing. The lower court often has to do something different, but that doesn`t always mean that the court`s final decision changes the finding of fact: any written or oral list of facts in a court case.
Part of a judge`s decision that indicates the facts of a case. Court of Appeal: A court that can review how the law has been used to decide a case in a lower court. In New York State, the courts of appeal are: Length of Appeal, Appellate Division and Court of Appeal. Settlement of a dispute by a third party chosen by both opposing parties who agree to comply with the third party`s decision. 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.
Procedure to compel the presence in court of a witness sought as a witness. The process includes a subpoena and warrant, if required. The obligations of a court with regard to judgments are laid down in the Code of Civil Procedure. A judgment “is rendered in the name of the French people”[98] and must contain certain information, including the date, the names of the judges, the level of the court and the names of the parties involved. [98] The judgment must also describe the parties` submissions and the reasons for their claims, indicating both the final judgment and the reasons for the judgment. [99] Given compliance with the provisions of the Code and the absence of appeal, a judgment is presumed to have been properly enforced. [100] Silent title: A case in which the court decides who owns (or owns) property. “Implied title” means to declare that a particular person is the rightful owner of the disputed property.
ex parte: Latin: “Only on one side”. A motion or statement made by one party to the court without notifying the other party: A court order that orders a person to stop something for a period of time, usually until a hearing is held. See injunction. Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty. Recording of all activities in a case, such as court dates and documents submitted on a waybill. In addition, the 1998 Code of Civil Procedure[78] stipulates that a judgment or order takes effect on the day it is delivered, unless the court decides otherwise,[79] and provides further guidance on the different types of judgment. Guardian ad litem (GAL): A court-appointed adult who represents a minor child or incapable person. The Alliance is only a guardian for a particular claim. See also ad litem. If a party invokes this act in civil proceedings, it will result in a stay of proceedings pending a new court order. The rejection and annulment of the judgment of a lower court by a court of appeal. The judgment is set aside by the higher court due to an error or irregularity in the decision-making procedure of the lower court.
Custody: 1. Legal or physical control over a person or thing. 2. The care and control of children. See guard. “Custody” is the right to make important decisions about a child. “Physical custody” is the daily care of a child under the age of 18. 3. A type of case in which custody and control of a child is sought. This is the same type of case used to receive visits from the non-custodial parent. 4. When the court imprisons a person after being convicted of a crime.
5. Where the court detains a person to ensure that he appears before the court. Either a court that has been formally summoned and declared open to the conduct of its actual judicial affairs, or a court freely accessible to spectators. Fairness: 1. Fairness; Impartiality; impartial treatment. 2. A legal system that complements law and jurisprudence and is based on the principles of “just and just”. The judge`s position. Under the law, Congress approves the number of judges for each district court and appeals court. Under section 170 of the High Courts Act 2016, the Chief Justice of New Zealand, the Chief Justice of the Court of Appeal and the Chief Justice of the High Court publish information on indicative time limits for the service of reserved judgments of the Supreme Court, the Court of Appeal and the High Court. Starting in 2017, the Supreme Court “will seek to issue an appeal judgment within six months of the last day of the hearing.” [70] In the Court of Appeal and the High Court, most decisions are made within three months of the last day of the trial.
[71] [72] Adversarial System: The Judicial Process in the United States and Certain Other Countries. This procedure, known as procedural practice, gives each party the opportunity to express its position before the court. Notice of appeal: A document that tells all parties and the superior court that a party wants the superior court to change the lower court`s decision. coram nobis: Latin: “Before us, in our presence.” A legal document used to inform the court of errors in the facts of the case. Objection to the exemption status of the judicial debtor: After a judgment has been rendered by the Small Claims Court, this is a document filed by the creditor against the debtor`s claim that a certain amount of money is exempt from recovery (the money cannot be taken).