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. No one. Usually a human being. Legally, a “person” can legally include a corporation, partnership, trustee, legal representative, etc. Leading question. A question that suggests the desired answer to a witness or “puts words in the witness`s mouth.” With few exceptions, orientation questions are prohibited during direct examination. 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. the party (person or entity) responding to a claim in non-criminal legal proceedings. When a plaintiff or plaintiff brings a lawsuit, any person or entity against whom the plaintiff or plaintiff takes legal action is called a defendant because they respond to the claim and the allegations made in the claim. (see definitions of “applicant” and “applicant” above) Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts.
The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Action. In the legal sense, a formal complaint or claim before a court. Ad Litem. A Latin term that means for trial purposes. For example, an “ad litem” guardian is a person appointed by the court to protect the interests of a minor or a legally incapable person in a dispute.
A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A person who has personal knowledge of an event or problem in a court case is a witness. A witness may be questioned by police or lawyers and invited to testify in writing or in person in a court case. A written, verbatim account of what was said, either in a trial such as a trial or in another formal conversation, such as a hearing or oral testimony, of a judge`s instructions to the jury before it begins its deliberations on the substantive issues to be answered and the legislation to be applied. 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. Continuation. Postponement of a court case to a later date. Unscrupulous. A doctrine in which courts may refuse to perform a contract because of the unfairness or abuse of a party because of the conclusion of the contract or the terms of the contract. Publicly funded centres that provide legal aid to low-income Ontarians in a variety of ways, including court and tribunal representation, legal advice and public legal education. 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.
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. Error. In the legal sense, an erroneous interpretation of the facts or an application of the law that may give rise to an appeal. 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”. Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors.
To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. 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. 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. 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. Heading.
The title of a legal document listing the parties, the court, the case number, and related information. 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. In a legal environment, such as a court or regulatory authority, the decision-maker is a person or group of persons who decides the outcome of a claim or dispute, taking into account the applicable law and the facts and interests affecting one or more parties in the case. A judge, a justice of the peace, an arbitrator and an arbitrator are decision-makers. A person who files a complaint alleging that their legal rights have been violated is called a complainant. In criminal law, the complainant is the person who claims to have been a victim of a crime and makes a formal statement to the police (often referred to as a “report a report”). The victim of a crime is not a party to the criminal proceedings, but may be a witness.
Check in. The official collection of all documents submitted to a court in a court case. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison.