Injunction – A court order or order prohibiting the performance of a particular act by a person or group. An injunction will be issued on an interim basis until a full hearing can be held to determine whether it should be made permanent. Judgement. A formal court decision that resolves issues in a legal dispute and determines the rights and obligations of the parties. See also Decree, Ordinance. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. Residence – The place where a person has their permanent legal residence. A person can have several residences, but only one residence. 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. Imprisonment for two or more offences to be served simultaneously and not consecutively.
Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. To have to. In cases of negligence, a “duty” is the obligation to meet a certain standard of care. In the event of non-compliance, the actor runs the risk of being liable to another person to whom an obligation is owed for damages suffered by the other person for which the actor`s conduct constitutes a legal cause. See the doctrine of the rational man. Sexual harassment: This term refers to unwanted sexual advances from an employer or supervisor. “Compensation” harassment occurs when these unwanted advances become a condition of employment or pose a threat to a worker`s continued employment. Lawyer – A licensed lawyer or legal advisor authorized by the courts to prepare, administer and negotiate court cases, prepare legal documents or otherwise represent the interests of citizens.
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”. Execute – To comply with legal requirements (e.g. signing in front of witnesses) that validate a will. The execution of a judgment or decree also means the implementation of the final judgment of the court. Theoretical – A case or point of contention is not subject to a court decision because it is an abstract issue, because there is no real controversy or because the problems no longer exist. Academicity generally refers to a court`s refusal to consider a case because the issue in question was resolved before the court`s decision and there is nothing left that would be affected by the court`s decision. Whistleblowers: Federal and state whistleblower laws protect individuals who report the employer`s illegal practices to authorities.
Error. In the legal sense, an erroneous interpretation of the facts or an application of the law that may give rise to an appeal. Jurisdiction. The legal law by which judges exercise their authority. Answer. In civil proceedings, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time and either acknowledge the factual or legal basis of liability or (usually) deny it. Normally, a defendant has 30 days to file a response after the plaintiff`s complaint has been served. In some courts, an answer is simply called an “answer”.
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. Service of a legal document or obligation to appear in court by a person officially authorized in accordance with the formal requirements of applicable laws. Service is required, unless waived, for complaints, subpoenas, or subpoenas to notify a person of a lawsuit or other legal action against that person. Dan Urman, director of Northeastern`s Master of Legal Studies program, says understanding legal terminology is essential for all professionals, including business owners, healthcare workers, compliance officers, real estate agents, arbitrators and human resource managers. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Arbitration – judgment of the court after clarification of the issues. Dismissal. The end of the dispute. Rejection without notice allows a claim to be brought before the courts at a later date. On the other hand, dismissal with prejudice prevents the trial from going to court in the future.
Good faith – An honest intention to act without gaining an unfair advantage over another person. This term applies to many types of transactions. Premature child – A child born under a will is executed that is not provided for in the will. New Mexico law provides that a portion of the estate will go to these children. Adversary system – The experimental method used in the United States and some other countries. This system is based on the belief that the best way to establish the truth is to give opposing parties every opportunity to present and prove their evidence and to test the evidence presented by their opponents through cross-examination. This is done in accordance with the rules of procedure established before an impartial judge and/or jury. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”.
The one who appeals is called a “complainant”; The other party is the “appellant”. Amicus Curiae. (Latin: “friend of the court.”) A person or entity who submits a pleading to the court expressing his or her views on a case involving other parties because he or she has a strong interest in the subject matter of the action.