Not Ascertained Legal Definition

A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Search the dictionary of legal abbreviations and acronyms for acronyms and/or abbreviations that contain expression dates. 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.” The intent to obstruct, delay or defraud creditors is a question of fact that must be resolved by a proper judicial inquiry. 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 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. As soon as he reached the south gate, he noticed it while looking at the gravel strip of the road. 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. 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. 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. 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. The study of the law and structure of the legal system 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.

“This is several hours old and the full facts have not yet been established as those involved are being questioned,” officials said. 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. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. This definition of Ascertain is based on The Cyclopedic Law Dictionary. This entry needs to be proofread. In fact, there are no experiments in which the effects of purely mineral soil have been established. Written statements submitted to the court outlining a party`s legal or factual allegations about the 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.

When the issue is raised before a court, the court seeks the will of the parties and is guided by it in its decision. The wealthy inhabitants and the Chinese have lost large sums of money, the sum of which cannot be determined. 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. 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. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A written statement describing why a debtor owes money to a creditor, usually indicating the amount of money owed. (There is an official form for this.) A company that is not licensed to practice law, that prepares bankruptcy applications. Evidence presented by a witness who has not seen or heard of the incident in question, but has heard about it from someone else.

With few exceptions, hearsay is generally inadmissible as evidence in the main hearing doctrine, which states that evidence obtained in violation of the constitutional or legal rights of a criminal accused is not admissible in court.