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. The rules for defined terms, especially if a term is to be defined and if subsequent uses of that word are to begin with a capital letter, may seem obscure and complicated. In fact, they are quite simple and we explain them here. 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. 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 certificate that promises to pay a lawyer to provide legal services. The certificate allows you to receive free advice and representation from a lawyer while the government pays your legal fees up to a certain limit. All lawyers can decide whether or not to accept a case on a legal aid certificate. To obtain a legal aid certificate, your file must be eligible and your family income must be below the levels set by legal aid. Visit the Certificate Program page. Legal writing is often difficult to read because of its technical language. Technical terms used to convey legal doctrine in laws, court decisions and commercial contracts are often referred to as “artistic terms”. Although these terms differ in origin and purpose, they generally fall into three categories: technical terminology, foreign terminology, and archaic terminology.
The use of defined terms is often essential. However, a draftsman should always avoid them if possible. They may clarify the meaning of the law, but they may also tend to make a document more complicated to read and understand because a reader has to resort to the definition. 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. At Net Lawman, the longest definition of a term we use regularly is “Confidential Information” (primarily in our privacy and confidentiality documents). No court has ever defined confidential information, so it can mean whatever you want in everyday language. Defined terms are usually found at the beginning of a legal document or at the beginning of a stand-alone section such as an appendix. an impartial government-appointed decision-maker who conducts court proceedings on more limited issues than a judge. A justice of the peace can make decisions on minor criminal and civil (non-criminal) legal matters, solemnize marriages, hold bail hearings, issue an arrest warrant for a person or search a place, and may also issue a type of protection order called a peace bond, commonly known as a peace bond. Jurisdiction – (1) The legal authority of a court to hear and decide a case.
Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. In a legal environment, such as a court or regulatory authority, the decision-maker is a person or group of persons who decides the outcome of a claim or dispute, taking into account the applicable law and the facts and interests affecting one or more parties in the case. A judge, a justice of the peace, an arbitrator and an arbitrator are decision-makers. Regulations are a set of legal rules that can be issued as part of a law.
They can be more precise than general law and can generally be passed and amended more easily than legislation. (see definition of “law” below) means the party (person or entity) who files a claim in court and initiates non-criminal legal proceedings. Publicly funded centres that provide legal aid to low-income Ontarians in a variety of ways, including court and tribunal representation, legal advice and public legal education. The example of Net Lawman is “know-how”. We sometimes include this word in the definitions of our intellectual property agreements. We find that intellectual property (among a long list) includes know-how. But what do we mean by know-how? Again, you and I may interpret it differently. We therefore also define know-how, even if we only refer to it when we define intellectual property.
This keeps the definition of IP short and easy to read, but also accurate. In legal drafting, archaic language tends to be used to express a particular direction in the text without excessive repetition. These are essentially sentences that are condensed into individual words. Words like before, about her and the comings and goings are examples of this archaic category of terminology. While these terms were once common in the English language, they have since fallen out of common language and remain prevalent only in “concepts of art”. The chapter of the Insolvency Code, which provides for the settlement of debts of a “family farmer” or “family fisher”, as defined in the Insolvency Act. At Net Lawman, our writers always finish their design work by trying to remove overdefined terms – if necessary, by redrawing a complicated point. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: A full-time attorney 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. Understanding the technical language of the legal profession is the first step in analyzing a legal document as a primary source. See the “Glossary of Legal Terms” page on the U.S.
courts website for a list of common legal terms and their definitions at www.uscourts.gov/Common/Glossary.aspx#glossaryF. For a complete overview of legal writing, see Rupert Haigh, Legal English, 3rd edition (New York: Routledge, 2012). A person who speaks with a practicing lawyer for legal advice or other legal services on a legal issue. 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. Income that is not reasonably necessary for the maintenance of the debtor or dependents. When the debtor is carrying on a business, disposable income is defined as amounts greater than what is needed to pay ordinary operating expenses. A legal process that attempts to resolve a dispute. The parties elect an independent person, called a mediator, to help them resolve their differences on legal issues.
Both parties must agree on the outcome. The mediator does not decide or apply a solution. Mediation can be used to resolve family disputes such as custody and money issues, but it is not always a good process if there has been bullying or abuse between partners. 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 lawyer who specializes in representing clients by presenting legal arguments before courts, tribunals or other decision-making bodies. To define a legal term, enter a word or phrase below. 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.” The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Lawyers who can provide a range of basic legal services, but who have not gone to law school and are not lawyers.
In Ontario, paralegals must be licensed by the same entity that licenses lawyers. Paralegals can provide legal advice and represent clients in legal matters such as immigration, small claims, traffic charges under the Provincial Offences Act, court cases including landlord-tenant issues or workplace safety, and some minor criminal charges. Paralegals cannot represent their clients in Ontario Family Court. There is an interesting additional twist on this point.