Jury – to inquire about persons selected and sworn in accordance with the law and to make a judgment on questions of fact. Jurors in state courts can be as small as six jurors in some cases. Federal jurors for civil lawsuits must have six jurors, criminal cases must have twelve. In the practice of the Court of Appeal, this means that the Court of Appeal has concluded that the lower court`s decision is correct and will apply as it was rendered by the lower court. An order given under the authority of a court to a witness to appear and testify. Defense Table – The table where the defense attorney sits with the accused in the courtroom. A function of the federal courts that takes place at the beginning of the criminal justice trial – after a person has been arrested and charged with a federal crime and before being tried. Pre-trial officials are focusing on investigating the backgrounds of these individuals to help the court decide whether to release or detain them pending trial. The decision is based on whether these people are likely to flee or pose a threat to the community. When the court orders release, an investigative officer supervises the person in the community until they return to court. Pre-trial detention – When an appellate court refers a case to a lower court for a new hearing. The lower court is often required to do something else, but this does not always mean that the court`s final decision will change habeas corpus – a complaint often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus.
It can also be used to bring a person into custody to court, to testify or to be prosecuted. Motion – Attempt to take a limited matter to court. Applications can be submitted before, during and after the process. The obligation to prove the disputed facts. In civil matters, a claimant generally has the burden of proof in his or her case. In criminal matters, the government has the burden of proof of the guilt of the accused. (See Standard of Proof.) The judge who has primary responsibility for the administration of a court; Chief Justices are appointed by seniority A special condition imposed by the court that requires 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. Affidavit – A written statement of facts confirmed by the oath of the party who made it. Affidavits must be notarized or administered by a court official with such authority. 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. Written pleadings – Written observations of the parties in a civil case concerning their positions. In federal courts, the most important pleadings are the complaint and the response. 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. The most common criterion for assessing undue hardship in the excusability of a student loan includes three conditions: (1) The debtor – based on income and current expenses – cannot maintain a minimum standard of living if he or she is forced to repay the loans; (2) there are indications that the situation is likely to continue for a significant part of the repayment period; and (3) the debtor made good faith efforts to repay the loans. 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. Injunction – An order of a court prohibiting (or enforcing) the performance of a particular act in order to prevent irreparable harm or harm. Written statements submitted to the court describing a party`s legal or factual allegations about the case. An act of a court that overturns the decision of a lower court.
A reversal is often accompanied by pre-trial detention before the lower court for further proceedings. Common Law – The legal system that originated in England and is now used in the United States. It is based on court decisions and not on laws adopted by the legislator. 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 federal judge who, after reaching the required age and duration of judicial experience, assumes the status of a senior judge, thereby creating a vacancy among the active judges of a court. A high-ranking judge retains the function of judge and can reduce his workload by up to 75%, but many opt for a greater number of cases. The party who appeals the decision of a district court and usually seeks the annulment of that decision. pro se – Latin term meaning « in one`s own name »; In the courts, these are people who present their own case without a lawyer. A judge`s written explanation of the court`s decision. Since a case can be heard by three or more judges of the Court of Appeal, the opinion in appeal decisions can take various forms. If all the judges are in complete agreement on the outcome, a judge will write the opinion for everyone.
If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may write separately in dissenting or concurring opinions to express their views. A dissenting opinion contradicts the majority opinion on the basis of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the decision of the majority opinion, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also the previous one. 1. The point of dispute between the parties to a dispute; 2. Ship officially, as in a court that issues an order. An opportunity for lawyers to summarize their position in court and answer questions from judges. A judgment granting a plaintiff the remedy requested in the complaint because the defendant did not appear in court or did not respond to the complaint.
An order from the U.S. Supreme Court ordering the lower court to provide records for a case it will hear on appeal. Appointment Procedures – About Appointments; An appellate court has the power to review the judgment of another lower court. confirmed – judgment of the courts of appeal in which the decree or order is declared valid and applies as decided in lower instance. Probation officer of a court. The duties of the probation officer include conducting pre-conviction investigations, preparing investigation reports on convicted accused, and following up on released accused. Bref de certiorari – Order of the Supreme Court ordering the lower court to provide records for a case for which it will hear on appeal. The Supreme Court is generally not required to hear appeals in cases. A rejection of the « certificate » by the Supreme Court leaves the previous judgment in place. The representative of the bankruptcy estate, which exercises legal powers under the general supervision of the court and the direct supervision of the United States, primarily for the benefit of unsecured creditors. . .