A formal accusation by a government lawyer that the accused committed a misdemeanor. See also Indictment. 1. The process of questioning the testimony of a witness. For example, if the lawyer can prove that the witness may have fabricated parts of his or her testimony, the witness is said to be “accused.” 2. The constitutional process, in which the House of Representatives can “charge” (accuse) senior federal officials of wrongdoing, who are then brought to justice by the Senate. No competition. A plea from the nolo contendere has the same effect as an admission of guilt in terms of punishment, but cannot be considered an admission of guilt for other purposes. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. Legal, legal, legitimate, legal means to be in compliance with the law.

Legality may apply to compliance with laws of any kind (e.g., natural, divine, general, or canonical). The legal sovereign right applies to what is sanctioned by law or in accordance with the law, especially when written or administered by the courts. Legal residents of the State who are legitimate may refer to a legal right or status, but also, within the framework of widespread use, to a right or status supported by accepted tradition, custom or norms. A completely legitimate question about the legalization of taxes applies to strict compliance with the provisions of the law and applies in particular to what is regulated by law. the legal use of drugs by doctors An agreement between two or more people that creates an obligation to do or not to do a certain thing. An insolvency document that contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities. 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. A debt payment to a creditor within 90 days of a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. A person, person and spouse, business or cohabitation involved in a farm that meets certain debt limits and other legal criteria for filing a Chapter 12 application. A special court-imposed condition requiring 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. A lawsuit that occurs in or in connection with a bankruptcy case and begins with the filing of a complaint with the court, i.e. a “proceeding” that takes place as part of a bankruptcy proceeding. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Legal proceedings that prevent an identical lawsuit from being filed later. A bankruptcy file filed to reduce or eliminate debts that are primarily consumer debt. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. A person or company to whom the debtor owes money or who claims to be liable for money by the debtor.

A written statement bringing a civil action in which the plaintiff details the claims against the defendant. Objection of a trustee or creditor to the exemption from personal liability of the debtor for certain excusable debts. The most common reasons include allegations that the debts to be paid were incurred under false pretenses or that the debts arose as a result of the debtor`s fraud while acting as trustee. An unsecured claim that is entitled to be paid before other unsecured claims that are not entitled to priority status. Priority refers to the order in which such unsecured claims are to be paid. A report prepared by a court probation officer after a person has been convicted of a crime, which summarizes for the court the basic information needed to determine the appropriate sentence. An injunction that automatically stops lawsuits, seizures, seizures and most collection activities against the debtor as soon as an application for insolvency is filed. A person who makes a textual recording of what is said in court, usually using a stenographic device, shorthand or audio recording, and then makes a transcript of the proceedings upon request.

A request by a creditor to allow the creditor to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay. The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. Allegation in an indictment or information accusing an accused of a crime. An indictment or information may include allegations that the accused has committed more than one crime. Each claim is called a statement. A jury verdict that a defendant is not guilty, or a judge`s finding that there is insufficient evidence to support a conviction. Fees for a specific property designed to ensure the payment of a debt or the performance of an obligation. A debtor may still be liable for a lien after a release. Government agency empowered to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Testimony of a judge on a person`s rights. For example, an applicant may seek a declaratory judgment that a particular law, as drafted, violates a constitutional right. Anglo-French, from the Latin legalis, de leg-, lex law A court decision in a previous case with facts and legal issues similar to a legal dispute currently heard by a court.

Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. An agreement by a debtor to continue to settle an excusable debt after bankruptcy, usually for the purpose of preserving collateral or pledged property that would otherwise be taken over. Doctrine that evidence obtained in violation of a defendant`s constitutional or legal rights is not admissible at trial. A motion by a party who has lost on one or more issues for a higher court to review the decision to determine whether it was correct. Making such a request means “appealing” or “appealing”. The person appealing is called a “complainant”; the other part is the “Appealee”. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act.

The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system in which sentencing is determined by sentencing guidelines. Now, without the possibility of probation, the prison sentence imposed by the court is the real time that the person spends in prison. The official indictment of a grand jury stating that there is sufficient evidence that the accused committed the crime to warrant a trial; It is mainly used for crime. See also Information. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. Assets that a debtor is allowed to retain, free from the claims of creditors who do not have privileges over the assets. A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. 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 for which the court has jurisdiction to rule on cases.

A decision of a jury or trial judge that establishes the guilt or innocence of an accused or determines the final outcome of a civil trial.