Modern dictionary for the legal profession in print and on LexisNexis. In addition to explaining legal terms such as “lemon law,” it also includes references to colloquial expressions heard in practice. To define a legal term, enter a word or phrase below. 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. Ballentine`s Law Dictionary available in print and on LexisNexis. This dictionary contains more than 40,000 definitions of legal terms, “based on the actual interpretation of these terms by the courts of last instance, each case being cited on the page where the definition appears”. Two recent events have raised the complex question of whether dictionaries belong in courtrooms. A murder trial in Virginia was halted because jurors illegally accessed two dictionaries and a thesaurus. (The defense is currently seeking professional misconduct.) And even in the Supreme Court, it seems that dictionaries are being misused. A written statement filed in court or an appeal that explains a party`s legal and factual arguments.
In civil proceedings, the person or entity against whom the plaintiff brings an action; in criminal proceedings, the person charged with the offence. In Virginia, a case had to be re-evaluated when it was discovered that the jury was using dictionaries. The court clerks found two dictionaries and a thesaurus in the deliberation room, and these unauthorized secondary authorities questioned the whole case. The jury was questioned about the use of these dictionaries, and the judge ruled that there had been misconduct on the part of the jury. The defence lawyer is now seeking a trial to quash because the jury searched for the words malice and malice to decide whether or not the accused was guilty of “manslaughter” or “murder.” This court`s decision shows that dictionaries can be misused and have a negative impact on the outcome of a case. So why are they widely used by the Supreme Court? 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. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all.
If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. The most widely used test for assessing undue hardship related to the excusability of a student loan includes three conditions: (1) the debtor cannot maintain a minimum standard of living based on current income and expenses if it is required to repay the loans; 2. it appears that the situation is likely to continue for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. 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.
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. The formal grand jury indictment, which states that there is sufficient evidence that the accused committed the crime to warrant trial; It is mainly used for criminal offences. See also Information. In legal jargon, a dictionary is a “secondary authority” in a case. Just as a congressional hearing can be used to better understand the intent of a particular law, a legal dictionary can be consulted to improve the meaning of a common word such as malicious or legal. Legal dictionaries often cite specific cases and previous use of the word in court documents. 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 study of the law and the structure of the legal system Information presented in witness statements or in documents used to convince the investigator (judge or jury) to decide the case in favour of one party or the other. 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.
Procedures for obtaining disclosure of evidence prior to trial. An invalid test caused by a fundamental error. If a failure is found, the procedure must begin with the selection of a new jury. Certain assets belonging to an individual debtor that the debtor may retain with unsecured creditors under the applicable bankruptcy law or state law. For example, in some states, the debtor may be able to pay all or part of the equity at his principal residence (exemption from family ownership) or some or all of the “business tools” he uses to make a living (i.e. automotive tools for an auto mechanic or dental tools for a dentist). The availability and amount of assets that the debtor can discharge depends on the State in which the debtor lives. An oral statement before an official legally authorized to take an oath. Such statements are often made to hear potential witnesses, to make a discovery, or to be used later in the trial. See Discovery. The use of dictionaries at the Supreme Court is becoming increasingly popular for a variety of reasons.
Black`s Law Dictionary is the most widely used American legal dictionary. It is available in print, on Westlaw (database: BLACKS) and as an iPhone app. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. 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.” In the past, judges have used the dictionary to decide important cases, but they generally consulted legal dictionaries and not general dictionaries. But are they taking definitions out of context to support their own point of view? According to the Washington Post, the Supreme Court has an intense and new interest in dictionaries. In two of the ten cases presented last year, judges consulted dictionaries and referred to them directly in their court decisions. However, a law professor and a political scientist argue that this pronounced use of dictionaries is intended to project an “objective façade” onto a subjective decision.
There is no consistency with which judges use some dictionaries rather than others; It appears that the judges consult and cite the dictionary that best supports their position, and even refer to different dictionaries in the same pleading. For these professors, this reliance on the dictionary is troubling because dictionaries themselves do not claim to contain all the legal implications of a particular word. You can also read the full analysis. The release of a person accused of a crime before trial under certain conditions to ensure that the person appears in court if necessary. May also refer to the amount of bail recorded as a financial condition for pre-trial release. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. A colloquial term sometimes used to refer to a litigant. It is a corruption of the Latin expression “in propria persona”. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages.