Non classé

On That Legal Meaning

Power of attorney. A written document authorizing a person to take certain legal actions on behalf of the person granting the power of attorney. Dicta. Plural of « obiter dictum ». A comment made by a judge in a legal opinion that is not relevant to the decision and does not set a precedent. A formal written statement by a defendant in a civil case that responds to a complaint and articulates the reasons for the defence. A person or company that files a formal complaint with the court. Declaration. Judicial decision on the rights of the parties in a dispute to clarify the legal positions of the parties. Proof of confirmation. Additional evidence that tends to reinforce or confirm the original evidence. Attack. An intentional attempt or threat to harm another person, combined with the current ability to inflict injury on that person that they are concerned about.

Although the term « attack » is often used to describe the use of unlawful force, the correct legal term for the use of unlawful force is « assault ». Legal interpretation. The act of determining the meaning of a particular law by analyzing the wording and punctuation of the law. An agreement between two or more people that creates an obligation to do or not do a particular thing. Fraud. A false and misleading statement of fact intended to cause another person to rely on and renounce something of value they possess or a legal right to which they are entitled. However, legal issues are only one of the things that stand between a former prisoner and a job. Conservatory. A legal claim by a person to manage the property and financial affairs of a person deemed incapable of doing so for themselves. (See also guardianship.

Conservators have slightly less responsibility than custodians.) Plenipotentiary. An individual (who is not necessarily a lawyer) who has been authorized by another person to act on his or her behalf, either for a specific purpose, to perform a particular act, or for the transaction of transactions in general that are not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. State law. Laws that apply to a particular state, or ordinances that apply to a particular city or municipality, as opposed to federal laws. 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. Layman. A layman; a non-expert. In law, a person who has not received formal legal training. Party who appeals against the decision of a district court and usually seeks the annulment of that decision. Latin, which means « for the court ».

In appellate courts, it often refers to an unsigned opinion. A debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. Complaint. From a legal point of view, the document that a plaintiff submits to the court contains allegations and damages. A complaint usually triggers a lawsuit. Real estate part. The party to a dispute who does not apply to the court. A party that does not move may contest or refuse the request. Compare with the moving part.

Complaint accepted. A claim in which the insurance company agrees that your injury or illness will be covered by workers` compensation. Empty. have no binding effect or legal force; zero. An agreement by which a debtor agrees to continue to pay an excusable debt after bankruptcy, usually for the purpose of retaining security or mortgaged property that would otherwise be repayable. 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. 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. Amicus Curiae. (Latin: « friend of the court. ») A person or entity who submits a pleading to the court expressing his or her views on a case involving other parties because he or she has a strong interest in the subject matter of the action. Property damage liability insurance. Auto insurance coverage under Pennsylvania law, which provides money to pay claims if your car damages someone else`s property.

She writes with the ease of a novelist rather than the precision characteristic of a lawyer. Authoritative authority. Law that controls the outcome of a case. For example, a decision on the same point of law rendered by a higher court of the same State must be followed by a lower court of that State. See previous. 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 the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. Limited jurisdiction. Refers to courts that are limited in the types of criminal and civil cases they can hear. District, district and police courts are courts with limited jurisdiction.

Cause of Action. Facts or facts that give someone the right to appeal to the courts because the facts apply to a specific law that must be applied. Continuation. Postponement of a court case to a later date. Triple damage. In some cases, damages awarded by a jury are tripled. Kemp test. An orthopedic test that indicates facet syndrome, fracture or disc involvement if a patient reports back pain that radiates to the lower limb.

HMO Negligence. Generally, a type of medical malpractice that can be defined as the negligence of an HMO acting through its physicians in making treatment decisions for a member that results in injury to that limb. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. Damages. Damages that cover actual injury or economic loss. The purpose of damages is to put the injured party in the position he or she was in prior to the injury.

Compensation generally includes medical expenses, loss of wages, and repair or replacement of property. Also called « actual damages ». Family Physician (PCP). A physician who is employed by a managed health care system, such as an HMO, or who contracts with a managed health care system that coordinates all of the member`s medical care. A PNP is usually a family doctor. PCPs are also known as « gatekeepers » because they control a member`s access to medical care as part of a health care plan. Jeff Kosseff, a former journalist turned lawyer and jurist, became one of the leading experts on the 1996 law and is the author of the aptly titled book « The Twenty-Six Words That Created the Internet. » Survival status. An Act providing for an action to continue after the death of a person involved in the action. A company that is not licensed to practice law, that prepares bankruptcy applications. 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. (In-tur eh-lee-ah) Preparation.

Latin for « among other things ». This phrase is often found in legal memoirs and writings, to give an example of many possibilities. Example: « The judge said, among other things, that the deadline for filing the lawsuit had passed. » The value of a debtor`s share of ownership that remains after consideration of the creditors` liens and other interests. (Example: If a $60,000 home is subject to a $30,000 mortgage, there is $30,000 in equity.) 1. The process of questioning a witness` testimony. For example, if the lawyer can prove that the witness fabricated parts of his or her testimony, the witness is called an « accused. » 2.The constitutional process in which the House of Representatives can « impeach » (charge) senior federal government officials, who are then tried by the Senate.