Way in Legal Term

05 Déc Way in Legal Term

A claim for which no specific value has been determined. Northern Ireland has the same legal system as England, including the concepts of land ownership and public rights of way, but it has its own judicial structure, its own system of precedents and its own access laws. [22] [dead link] In England and Wales, with the exception of the 12 boroughs of Inner London and the City of London, public roads are public roads over which the public has a legally protected right to pass and re-run. The law in England and Wales differs from that of Scotland in that rights of way only exist if they are designated (or can be designated if they have not already been designated), whereas in Scotland any section that meets certain conditions is defined as a right of way and there is also a general presumption of access to the landscape. There are also private rights of way or easements. 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. 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. 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. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. 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 right of way or right of way is an easement imposed by a law or convention under which one has the right to drive pack animals or carts through someone else`s property on foot, on horseback or in a vehicle. If this servitude arises from the law, its exercise is limited to the needs of the person who has it.

If it is a contractual result, its scope and the terms of its use will be governed by the contract. Code civil La. 722 « Narrow » is the right to cross the land of another human being; and in its legal and generally accepted sense, in respect of a railway, it is a mere servitude in the countries of others, obtained by a lawful condemnation for public use or by purchase. He would use the term in an unusual sense by applying it to an absolute purchase of the simple parcel of land to be used for a railway or other type of road. Williams vs. Western Union Ry. Co., 50 Wis. 76, 5 N. W. 482. And see Kripp v.

Curtis, 71 Cal. 62, 11 Pac. 879; Johnson v. Lewis, 47 Ark. 60. 2 pp. W. 329; Bodfish v.

Rodlish, 105 mass. 317; New Mexico v United States Trust Co., 172 U. pp. 171, 19 Sup. Ct. 128. 43 L. Edition 407; Stuyvesant v. Woodruff, 21 N. J.

Law, 130, 57 Am. 156 December. A jury selection process to interview potential jurors to determine their qualifications and determine a basis for the challenge. A panel of 16 to 23 citizens who listen to the evidence of criminal charges presented by the prosecutor`s office and determine whether there is a probable reason to believe that a person has committed a crime. See also Indictment and United States Prosecutor. As with the dry sandy portion of a beach, legal and political disputes can arise over the ownership and public use of the coastal foreshore. A recent example is the controversy over New Zealand`s foreshore and seabed, which concerns Maori land claims. [5] However, the 2011 Marine and Coastal Areas (Takutai Moana) Law guarantees free public access. [29] A set of rules and principles established by the U.S. Sentencing Commission and used by judges to determine the sentence of a convicted accused. 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. 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. A term used to describe evidence that can be considered by a jury or judge in civil and criminal 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. In the United Kingdom, the foreshore is generally considered to belong to the Crown, although there are notable exceptions, including the so-called multiple fisheries, which may be historical charters dating back to the time of King John or earlier, and the Udal Act, which generally applies to Orkney and Shetland. While in the rest of Britain land ownership extends only to the high water mark and the crown is considered the owner of what lies below, in Orkney and Shetland it extends to the lowest source.

[28] If the foreshore is owned by the Crown, it is accessible to the public below the tidal line. The term right of way also refers to the preference of one of the two vehicles or vessels, or between a motor vehicle and a pedestrian, claiming the right of way at the same place and at the same time. However, this is not an absolute right, since the holder of the right of way is not relieved of the obligation to take care of his own safety and that of others. Legal advice; A term that is also used to refer to lawyers in a case. 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 group of citizens who hear evidence presented by both parties in court and investigate disputed facts. The federal criminal jury is composed of 12 people. The civil juries of the Confederation are composed of at least six persons. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. To protect existing rights of way in London, the Ramblers launched their `Putting London on the Map` in 2010 with the aim of « securing the same legal protection for Capital Footpaths that already exists for walking trails elsewhere in England and Wales.

Currently, legislation allows the boroughs of Inner London to produce final maps if they wish, but none do. [10] A function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. 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. Public rights-of-way are often available on the foreland of the beach. In legal discussions, the coastal foreland is often referred to as a wetland area. Generally refers to two events in individual bankruptcy cases: (1) the « individual or group briefing » of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the « Personal Financial Management Course » in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered.