In some cases, the essential facts are undisputed and require that the judgment be recorded for one of the parties. This is called a summary verdict because it summarily terminates the case before trial. The purpose of a trial is to let someone — the judge or jury — decide what the facts are. If the facts are not disputed, there is no need for a trial. Instead, the party who considers that the undisputed facts force a decision in his favor will file an application for summary judgment. The petition asks the court to examine the undisputed facts and apply the law to them, arguing that the law requires a judgment for the requesting party. Supreme Court: The highest trial court in New York State. Divorce proceedings can only be brought before this court. Bankruptcy judges on regular active duty in each district; a unit of the District Court. A judicial officer with the power to rule on applications before the courts. Used generically, the term judge can also refer to all judicial officers, including judges of the Supreme Court.
A person who has been asked by both parties in a lawsuit to testify before the court or jury. A procedure for resolving a dispute outside the courtroom. Most alternative dispute resolution methods are not binding and involve referring the case to a neutral party such as an arbitrator or mediator. A written and textual record of what has been said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or oral testimony, has no jurisdiction over the merits, meaning that the court does not have the power to rule on the controversy. For example, state law may require a special court to rule on certain matters, for example, to ensure that. B a probate court rules on a claim concerning the interpretation of a will instead of a general civil court. Alternative Dispute Resolution: (ADR) refers to a variety of processes that help parties resolve disputes without litigation. Typical ADR processes include mediation, arbitration, neutral assessment and collaborative law.
These processes are generally confidential, less formal and less expensive than traditional court proceedings. As provided for in the Criminal Justice Act, an organization established in a federal judicial district to represent defendants who cannot afford an adequate defense. Each organization is overseen by a federal defense attorney appointed by the District Court of Appeals. The official decision of a tribunal that definitively settles the dispute between the parties to the dispute. A trial in which an accused is tried, informed of the charges in an indictment or in information, and asked to plead guilty or not guilty. A party who objects to a complainant`s appeal and tries to convince the Court of Appeal to uphold the District Court`s decision. A settlement part is a courtroom where the landlord and tenant can discuss their disputes before a judge or court lawyer to see if an agreement can be reached to resolve the dispute. You can also be there for a request or order to show the reason. The sentence ordered by a court for an accused convicted of a crime. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. Written statements submitted to the court describing a party`s legal or factual allegations about the case. A special court-imposed condition requiring a person to stay at home, with the exception of certain approved activities such as work and doctor`s appointments.
Home accommodation may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure that the person stays at home when needed. The representative of the bankruptcy estate exercising legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. The trustee is a natural person or entity appointed in all cases of Chapters 7, 12 and 13 and, in some cases, chapter 11. The duties of the trustee include examining the debtor`s application and annexes, as well as bringing actions against creditors or the debtor in order to recover ownership of the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar functions to a trustee under Chapter 7 and the additional responsibilities of overseeing the debtor`s plan, receiving payments from debtors, and disbursing plan payments to creditors. Complaint: First court argument in a civil case written by the plaintiff or his or her lawyer. In a divorce action, it contains the plaintiff`s allegations about his grounds for divorce and must be examined.
(See verified, see also subpoenas) Seizure: Seizure of a debtor`s assets by court order. The court takes property from a person who owes money to someone else to whom you owe a debt. Using ADR to resolve your disputes without trial may: Evidence: A document, record or other tangible object formally presented as evidence to the court. If a defendant is in default, acts quickly and has a reasonable excuse, they may be able to convince the court to rescind or rescind (cancel) the record of the omission from the record. Courts much prefer that cases be decided on the merits, which often leads them to grant an application to cancel the registration in default. But in some cases, a court will decide that the defendants` reasons are not good enough and will refuse to cancel or allow the entry of the delay. Income that is not reasonably necessary for the maintenance or support of the debtor or dependents. When the debtor carries on a business, disposable income is defined as amounts that exceed what is necessary to pay for ordinary operating expenses. Latin, which means «you have the body.» A habeas corpus order is usually a court order that requires law enforcement agencies to present a detainee they are detaining and to justify the prisoner`s continued detention. Federal judges receive habeas corpus arrest warrant requests from state prison inmates who claim their state prosecutions violated federally protected rights in some way. The Court of Appeal approves the lower court`s decision and upholds it. See yes.
1. The point of dispute between the parties to a dispute; 2. Ship officially, as in a court that issues an order. Mediation is used by the courts; In addition, there are state and local authorities, as well as individuals and companies that resort to mediation. When used by the court, it is called «court-ordered mediation.» If you are sentenced to mediation by a court and are unable to resolve your disputes, you will return to court and the judge (or jury) will make a decision for you. Separate property: property that, in the opinion of the courts, belongs only to one or the other spouse. It is not available for equitable distribution. The judge`s position. Under the law, Congress approves the number of judges for each district and court of appeal.
Annulment: A court concluding that a marriage has never been legally valid. After cancellation, the parties are free to remarry. The geographical area in which a court has jurisdiction. A change of location is a change or transfer of a case from one judicial district to another. A complete collection of all documents filed with the court in a case. Inappropriate location. «Place of jurisdiction» means the respective place of court. States have laws that determine where in the state you can be sued.
If you are not prosecuted in one of these locations, the location of the pursuit is inappropriate. A place of jurisdiction may be legally inappropriate, even if the court has personal jurisdiction over you. A common solution to this problem is not to dismiss the case, but to order that it be moved to the right place. «Like a poor man.» Permission for the court to grant a person to file a case without paying the required court fees because the person cannot pay them. Contempt: Wilful disregard and failure to comply with a court order for the judge`s authority. Conduct that exceeds the authority or dignity of a court. He is usually liable to a fine or imprisonment or both. Pre-litigation filings can clarify many important questions about your lawsuit.
An application is a request that your lawyer submits to the court and asks for a decision on a particular issue. If the decision on the application could end the litigation and end the litigation before the main hearing, it is called a determinative claim. If the judgment relates to a secondary issue raised in the course of the dispute, it is a non-determinative claim. The following information is intended to give you a basic idea of the dispositive requests that could end your case before trial, and how these requests work. Legend: The title of a pleading, application or other court record indicating the names of the plaintiff and defendant, the name of the court, the part of the court, and the index number […].