A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. 22 (1) Where a person advises another person to be involved in a criminal offence and subsequently becomes a party to that offence, the person who advised is a party to that offence, even if the offence was committed in a manner different from that of the person who was informed. Generally refers to two events in individual bankruptcy cases: (1) the “individual or group information session” of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the “Personal Finance Management Course” in Chapters 7 and 13, which an individual debtor must complete before a release is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the necessary advice. A special condition imposed by the court to require a person to undergo an assessment and treatment of a mental disorder. Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. (3) For the purposes of this Act, legal assistance includes procurement, solicitation or inducement. 2. Any person who advises another person to be involved in a criminal offence shall be a party to any offence committed by the other as a result of the notice which the adviser knew or ought to have known was likely to have been committed as a result of that notice. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13).
Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. 1. In appeal proceedings, a group of judges (usually three) is responsible for deciding the case; 2. In the jury selection process, the group of potential jurors; 3. The list of lawyers who are both available and qualified to serve as court-appointed lawyers for defendants who cannot afford their own legal advice. A full-time court serving judge. Compare with the senior judge. The official decision of a tribunal that definitively settles the dispute between the parties to the dispute. A lawsuit in which one or more members of a major group or class of persons or other organizations sue on behalf of the entire group. The district court must determine that the class action claims contain legal or factual similarities before the action can be sued as a class action. A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties.
The agreement (or transformation) of a debtor`s assets so that the debtor can make maximum use of the exemptions. (Pre-insolvency planning typically involves the conversion of non-exempt assets into tax-exempt assets.) Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. A meeting of the judge and lawyers to plan the trial, discuss the issues that should be presented to the jury to review the proposed evidence and witnesses, and establish a trial plan. As a rule, the judge and the parties also discuss the possibility of settling the case. In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. A person who makes a textual recording of what is said in court, usually using a stenographic device, shorthand or audio recording, and then makes a transcript of the proceedings upon request.
The formal written statement of a defendant in civil proceedings responding to a complaint and stating the reasons for the defence. A transfer of a debtor`s assets with the consent of the debtor. A juror who is chosen in the same way as an ordinary juror who hears all the evidence, but who does not help decide the case, unless asked to replace a regular juror. Judicial authorization, usually for law enforcement officers, to conduct a search or arrest. A transfer of a debtor`s assets with the intention of fraud or for which the debtor receives less than the value of the transferred assets. A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place.
Often referred to as TRO. An injunction that automatically stops lawsuits, seizures, seizures and most collection activities against the debtor as soon as an application for insolvency is filed. To view the latest version of this document and millions of other similar documents, log in to LexisNexis or sign up for a free trial. A debt for which the bankruptcy law makes it possible to eliminate the personal liability of the debtor. Party who has the right to be heard by the court on a matter to be decided in the event of bankruptcy. The U.S. debtor, trustee or receiver, case trustee, and creditors are interest groups for most cases. A lawsuit filed by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. Any relative of the debtor or a general partner of the debtor; partnership in which the debtor is a general partner; General partner of the debtor; or a corporation whose debtor is a director, officer or person in charge. Possibility of conviction in federal courts.
On probation, rather than sending a person to prison, the court releases the person into the community and orders them to complete a period of supervision supervised by a U.S. probation officer and comply with certain conditions. A person or company to whom the debtor owes money or who claims to be liable for money by the debtor. A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. A request by a creditor to allow the creditor to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system in which sentencing is determined by sentencing guidelines. Now, without the possibility of probation, the prison sentence imposed by the court is the real time that the person spends in prison. A written document prepared by the Chapter 11 debtor or other plan proponent to provide creditors with “adequate information” to enable them to assess the Chapter 11 reorganization plan. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge. A party who objects to a complainant`s appeal and tries to convince the Court of Appeal to uphold the District Court`s decision. Oral evidence presented by witnesses at hearings or before grand juries. Assets of a debtor that can be liquidated to satisfy creditors` claims. In the practice of the Court of Appeal, this means that the Court of Appeal has concluded that the lower court`s decision is correct and will apply as it was rendered by the lower court. A claim for which no specific value has been determined.
A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means “appealing” or “appealing”. The person appealing is called a “complainant”; the other part is the “Appealee”. A group of citizens who hear the evidence presented by both parties to the court and establish the facts at issue. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of at least six persons. A written statement bringing a civil action in which the plaintiff details the claims against the defendant. The judge who has primary responsibility for the administration of a court; Chief Justices are determined by seniority A claim or debt for which a creditor does not have a special guarantee of payment, such as a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency.