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. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of assistant U.S. attorneys who act as government prosecutors in individual cases. An order from the U.S.
Supreme Court ordering the lower court to provide records for a case it will hear on appeal. A court-approved mechanism under which two or more cases can be handled together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool their resources, hire the same professionals, etc.) A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties. Aaron Rapport reformulated the “least likely” and “most likely” case selection strategies into the “balancing conditions” case selection strategy. The strategy for selecting case selection cases for counterconditions consists of three components:[32] The case method can be unpopular with law students because of the amount of reading it requires. It is not uncommon for law professors to assign twenty to thirty pages of reading each evening with excerpts from four or five cases for each class. Some law professors have argued that students learn to analyze cases in the first few months of their law school and after that, the case method becomes ineffective because students lose their enthusiasm and interest in reading cases. Often, students do not see legal conflicts in their undeveloped form until they graduate and begin practicing law. Law schools are increasingly trying to solve this problem by providing basic legal skills education. For example, litigation courses allow students to conduct mock jury trials.
Other courses teach client consulting skills, document creation skills, and oral reasoning skills. The idea is not to completely abandon the case method, but to reconcile it with other teaching methods. 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. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a “family farmer” or a “family fisherman”, as defined in the Bankruptcy Code. Teachers can create a case study, which is then used as a “pedagogical” case study in the classroom (see also Case Method and CaseBook Method). For example, as early as 1870, at Harvard Law School, Christopher Langdell departed from the traditional approach of lectures and notes for teaching contract law and began to use court cases as a basis for classroom discussions. [59] By 1920, this practice had become the predominant pedagogical approach of law schools in the United States. [60] Each doctrine, Langdell argues, has reached its present state to slow degrees, growing and spanning centuries. Langdell`s beliefs differed from those of his fellow law professors.
During the 1800s, the predominant approach to teaching law courses was the lecture method. Although teachers and textbooks have interpreted the meaning of various court decisions, they have not given students a significant opportunity to do so themselves. The case method, on the other hand, forced students to read, analyze and interpret the cases themselves. Langdell believed that law students would be better educated if they were asked to draw their own conclusions about the importance of court decisions. Accuse someone of a crime. A prosecutor negotiates a criminal case on behalf of the government Case studies can be a useful research tool, but they must be used wisely. In many cases, they are best used in situations where performing an experiment would be difficult or impossible. They are useful for examining unique situations and allow researchers to gather a large amount of information about a particular person or group of people. Another advantage of the case method is that it teaches, for example, the system of legal precedence. By reading cases, students learn how and why judges adhere to or do not respect the law developed in previous cases.
Students also learn how judges have the discretion to create laws by interpreting laws or constitutions. A protocol that contains the complete history of each case in the form of short chronological entries that summarize the legal proceedings. A transfer of the debtor`s assets after commencement of proceedings. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff.