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. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. 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 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 persist for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. With respect to civil actions in «equity» and not in «law». In English legal history, courts of «law» could order the payment of damages and could offer no other remedy (see damages). A separate «fairness» tribunal could order someone to do something or stop something (e.g., injunction).
In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in «legal cases,» but not in «fairness» cases. 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. 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. The study of the law and the structure of the legal system The legal authority of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. Section 707(b)(2) of the Insolvency Code applies a «means test» to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000.
The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. 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. 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. 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. 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.» Written statements submitted to the court outlining a party`s legal or factual allegations about the case. To define a legal term, enter a word or phrase below. Subscribe to America`s largest dictionary and get thousands of other definitions and an advanced search – ad-free! Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.