What Is the Legal Document Filed with the Court Called

Greater probative value or sufficient evidence to satisfy the court or jury that the party has substantiated its case. Bench trial – A trial without a jury, in which a judge decides the facts of the case. In a jury trial, the jury decides the facts. Defendants sometimes waive the right to a jury trial and choose to go to trial. Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts, possibly by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Testimony about what the witness thinks, believes or inferred from a disputed fact, as opposed to personal knowledge of the facts. As a general rule, evidence of expertise is not admissible, except in the case of experts. The submission may also concern the submission of a form to a government agency, with or without accompanying fees. Act in court as a lawyer, plaintiff or defendant in a lawsuit. An official who chooses names to be placed in a jury wheel or who draws the jury for a court session. Usually, the first document filed in a lawsuit is the complaint (or motion), which provides insight into the plaintiff`s case against the defendant.

The complaint is a document that identifies the parties involved, establishes the legal basis for the tribunal`s jurisdiction over the controversy, sets out the plaintiff`s legal claims, and reproduces the facts leading to the claims. The complaint will also include a section called a court application or prayer for reparation. Here, the plaintiff will set out what he or she wants the court to order the defendant – such as paying damages or taking (or stopping) a particular action. Recording of all activities in a case, such as court dates and documents submitted on a waybill. A written, verbatim record of what was said in a proceeding such as a trial or in another formal conversation such as a hearing or oral testimony Summary judgment – A court decision based on a request by a party that settles a case, in whole or in part, without trial. Summary judgment can only be rendered if the facts are not disputed and the law is clear. Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty. The person sued in a counterclaim submits a response similar to that filed after the initial claim. Pre-trial detention – When an appeals court refers a case to a lower court for a new hearing.

The lower court often has to do something different, but that doesn`t always mean that the court`s final decision changes the record – a transcript with brief entries of court cases. The time limit within which a prosecution must be instituted or a prosecution initiated. The time limit may vary depending on the nature of the civil proceedings or the criminal offence charged. The “marriage” of a man and a woman living together without the formalities or laws of marriage; is not recognized in New Mexico. 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.” Funds necessarily spent in litigation, starting with prosecution or filing costs, and may include service fees, witness fees, testimonial costs, etc. The costs must normally be borne by the losing party in a dispute. Indictment – A legal document issued by a grand jury in which one or more people are accused of committing a crime, usually a felony. An indictment may relate to one or more crimes in a single document. The indictment is filed with the Registrar of the Court of Common Pleas after it is issued by the grand jury. A specific legally permitted period within which a claim must be made. Commonly referred to as the “limitation period”.

A judgment that explains the rights of the parties or expresses the opinion of the court on the point of law without anything being ordered. 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. A court order requiring all witnesses (except parties) to remain outside the courtroom until everyone is called to testify. Also known as the “witness exclusion” or “witness rule”. Procedure issued by the court or “bank” to arrest a person. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. A witness who is cross-examined by the party who called him to testify because of an obvious antagonism towards that party, as expressed in his direct examination.

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. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. State court jurors can only be six jurors in some cases. Federal civil prosecutions must have six jurors, criminal prosecutions must have twelve. Restless or indecisive. A contested case is one in which questions of fact are clarified or other elements arise that make it unnecessary for a court to make a decision; A contentious point is one that is not regulated by judicial decisions. The county in which a civil or criminal case may be heard and decided. This can be the county where it was filed or a county to which the case is sent in the event of a change of jurisdiction.

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. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. Summary Judgment – A decision made on the basis of statements and evidence presented without trial. It is used when the facts are not disputed and a party is entitled to a judgment under the law. An allegation made by a party that must be proven or supported by evidence. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Direct evidence – evidence in support of a fact without conclusion. Legal order requiring the competent official to execute a judgment, sanction or decree. Literally “guilty mind”. One of the two basic requirements, along with a guilty act, for a felony.

“In the manner of a poor man.” Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. Law, whose principles derive from court decisions. Certified Judgment – A judgment from another court that is transferred to another court and officially recognized by another court.