Clause: A paragraph or subdivision of a legal document, such as a contract. A legal theory that alleges that the defendant abused a legal process, such as a subpoena or lawsuit. Reasonable person – A term used to refer to a hypothetical person who exercises the qualities of care, knowledge, intelligence and judgment that society requires of its members to protect their own interests and those of others. This term is often used in tort, where the test of negligence is based either on a failure to do something that a reasonable person would do, guided by considerations that normally govern the conduct, or on something that a reasonable and prudent (wise) person would not do. In general, a police search of a person or place without proper legal authority to uncover evidence, stolen property, weapons, etc. the party (person or organization) who files a complaint with a court and initiates non-criminal judicial proceedings. Expert witness: A witness with trained training or experience who is authorized to testify in a legal proceeding. A term derived from Roman law refers to a person who has a special relationship of trust, trust, or responsibility in his or her obligations to others. Acknowledgements – (1) A Statement of Responsibility.
(2) A brief statement at the end of a legal document that the document has been properly signed and accepted. Affirmative defence: A written defence of a lawsuit that does not formally contest certain claims in a complaint, but alleges that the plaintiff is not entitled to a judgment based on legal or fair principles, even if the allegations are true. 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. The decision of a court that decides issues in a dispute. Collateral estoppel – a rule that excludes a resumption of litigation between the same parties on a particular issue or fact in the absence of a prior judgment. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act. An act intended to confer legal authenticity on a registration so that the registration is legally admissible as evidence; Certified true copies of public documents are authenticated, and a certified true copy is a certified true copy that requires further verification.
Res Judicata: Latin: One thing has decided. The doctrine that an issue that has already been decided by a court is conclusive and not subject to a new trial. An injunction in the form of an injunction. An injunction that may be issued when an application for an interim injunction is filed in order to offer the defendant the threatened act until a hearing on the application can take place and differs from an interim injunction in that the former is intended only to limit until the status of issuing an interim injunction can be established; And it limits itself to limiting them. In Canada, duty counsel are lawyers who are available in courthouses to provide assistance, and some free legal advice for people who appear in court without a lawyer and cannot afford to hire a lawyer. Duty counsel can usually help with criminal, family, tenant and mental health matters. Objection: Requests the court to declare that the examination, proceeding or evidence is inadmissible and should not be accepted by the court. Non-action: The voluntary or involuntary setting aside of a claim by or against a plaintiff who is unable to prove his or her case or go to court. Often, a non-action is the result of procedural errors in a case. A study that was completed before its normal conclusion.
It may be declared by the judge because of an extraordinary event (p. e.g., death or illness of a jury or counsel), an adverse error that cannot be corrected in this case, or a blocked jury. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. 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 be best accessed by selecting a letter here: Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. A certificate that promises to pay a lawyer to provide legal services. The certificate allows you to receive free advice and representation from a lawyer while the government pays your legal fees up to a certain limit. All lawyers can decide whether or not to accept a case on a legal aid certificate. To obtain a legal aid certificate, your file must be eligible and your family income must be below the levels set by legal aid.
Visit the Certificate Program page. Habeas Corpus – A statement used to bring a person before a court to determine whether they are unlawfully detained. Joint tenancy – A form of legal co-ownership of property (also known as survival). In the event of the death of a co-owner, the surviving co-owner becomes the sole owner of the property. Renting as a whole is a particular form of joint rental between a man and a woman. Paralegal: A person who is trained for various legal tasks but is not licensed to practise law. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. A legal action or proceeding against the person based on personal liability. Trial – consideration of any question of fact or law before a court competent to determine the rights of the parties.
A postponement granted by the court in the context of legal proceedings. In general, an extension may only be granted for cause, such as illness, defence counsel or a party, or in the event of the unavailability of a witness or with the agreement of the parties. The name is applied to an action for damages brought by a person against whom a criminal or civil action was brought maliciously and without just cause after that action ended in favour of the person seeking damages. In family law or children`s law, the moment when a child becomes legally free from parental authority occurs automatically when he or she reaches the age of majority (18 in most cases). This can happen earlier if the child is married or if he is abandoned by the parents and takes care of himself. 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.
Factual lawyer – A private person (who is not necessarily a lawyer) who has been authorized by another person to act on their behalf, either for a particular purpose or for a specific act; or for the conduct of transactions in general, 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. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. In the law of evidence, the presence of the characteristics that make a witness legally fit and able to testify. In inheritance law, a person`s ability to manage and take care of themselves and their own affairs. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. Out-of-pocket expenses: Costs necessarily incurred to initiate civil proceedings or protect rights or property until a court has rendered a decision. Another word for a lawyer who represents a client and gives legal advice or legal advice. The lawyer of a person who initiates legal proceedings may be designated as the plaintiff`s or applicant`s lawyer. legal proceedings in which one or more issues are decided by a decision-maker.
A court hearing usually refers to a part of an entire proceeding when a specific part of the case or issue is being addressed. A hearing may also involve legal proceedings before other decision-making bodies such as courts or arbitration proceedings (where an arbitrator is the decision-maker). Parties to a hearing may appear in person before the decision-maker, or some hearings are based solely on written documents provided by the parties. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate. Remedies such as injunctions and injunctions are equitable remedies. The fairness and justice tribunals are now merged into NM. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.