Words Used in Law and Their Meaning
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. If a person is currently able to manage their own affairs, they can do one or both types of APL. Here are 10 commonly used words and their definitions: Parties to a lawsuit resolve their dispute without going to court. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. The opportunity for lawyers to summarize their position in court and also to answer questions from judges. Unless you work in the legal profession or watch a lot of legal drama on TV, you`re probably not too familiar with some of the terms used. Law firms and courtrooms have their own language, and not all of us understand terminology.
Some words may sound familiar, but may have completely different meanings in relation to the law. Even if you never need a lawyer, it`s good to know the basics and what they mean. 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 portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans. Legal advice; A term that is also used to refer to lawyers in a case. the lawyer representing the person accused of having committed a criminal offence. The defence lawyer is responsible for advising and speaking on behalf of the accused and defending the rights of the accused during the criminal proceedings. an independent person chosen by the disputing parties to help them resolve their differences through a procedure called mediation. A mediator helps the parties find a solution that both parties can agree on, but the mediator does not make a decision for them. 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. Jury selection process to interview potential jurors to determine their qualifications and determine a basis for challenge. In criminal law, a person charged with an offence under the Criminal Code is called an accused. A person is considered a defendant until trial, until the charges are dealt with and the case is closed. The legal power 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. a decision that the accused is not guilty in criminal proceedings. 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 prosecution occurs when the government tries to prove in court that the accused committed a crime.
When a person is charged with a crime, it is the government or Crown that starts the trial and “prosecutes” during a trial or tries to prove the criminal charges in court. A jury is a group, usually made up of 12 members of the community, who are chosen to sit with a judge to decide the facts and determine the outcome of a trial. A jury can only be heard in certain cases, usually in serious criminal cases. In these cases, the accused has the right to decide whether the case will be heard by judges and juries or by judges alone. In a jury trial, the jury decides whether the defendant is guilty of the charges. If the defendant is convicted by a jury, the judge applies the law and decides the sentence. In Canada, jurors must be Canadian citizens and are not allowed to talk about everything that happens during and after the trial. Some professionals, including lawyers, police officers and doctors, are not allowed to serve on a jury. In Canada, most trials are not jury trials. The prosecutor in criminal proceedings. When a person is charged with a crime, it is the government or the Crown that initiates the legal proceedings and prosecutes or attempts to prove the criminal charges in court. Crown counsel is the lawyer responsible for representing the government and arguing that the defendant committed a crime during the trial.
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).