Legal Term for in Summary
Acknowledgements – (1) A Statement of Responsibility. (2) A brief statement at the end of a legal document that the document has been properly signed and accepted. Good faith – An honest intention to act without gaining an unfair advantage over another person. This term applies to many types of transactions. Probation – The supervised parole of an inmate prior to the expiry of the sentence. If the probation officer complies with the conditions, he does not have to serve the remainder of his sentence. Corpus Delicti – body of crime. Objective evidence that a criminal offence has been committed. It sometimes refers to the body of a homicide victim or the charred shell of a burned house, but the term has a broader meaning. In order for the state to confess or convict the accused, it must prove a corpus delicti, that is: the occurrence of a particular injury or loss and a criminal act as the cause of that particular injury or loss. Indeterminate sentence – A custodial sentence of a specified minimum and maximum term, expressly authorized by law, cancelled by a parole board or other authorized authority after the prisoner has served the minimum sentence. Appellant – The party complaining or complaining; one who applies to the court for an appeal.
Also named the applicant. Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). Rule 56 of the Federal Rules of Civil Procedure governs summary decisions of the Federal Courts. According to section 56 of the Regulations, in order to succeed in an application for summary judgment, an applicant must prove (1) that no material facts are actually disputed and (2) that he or she has a legal right to a decision. Joint and several liability – A legal doctrine that holds each party liable for a breach for any damages awarded in a lawsuit if the other liable parties are unable to pay. Summary judgment is a final decision in civil proceedings that do not involve lengthy evidence. This completely avoids the need for a trial because there is no real question of fact on specific issues in the claim that need to be decided.
In such an action, the party who believes he or she has the right to be final applies for summary judgment. In deciding such an application, the court considers the entire record of the case and, if the evidence warrants it, may even render summary judgment against the party who did not request it. Summary judgment is settled in federal courts by the federal rules of civil procedure and in state courts by state codes of civil procedure. Fiduciary – A person who has a legal relationship of trust with another person and has a duty to act primarily in the interests of the other: i.e. a guardian, trustee or executor. If a party seeks summary judgment, it is not required to file “affidavits or other similar documents” in support of the application. See Celotex Corp. v. Catrett, 477 U.S. 317 (1986). Poisonous tree fruit – confiscated property or statements made after and because of unlawful search or interrogation. The fruits of the poisonous tree are generally not admissible as evidence because they are contaminated by illegal search or interrogation.
Execute – To comply with legal requirements (e.g. signing in front of witnesses) that validate a will. The execution of a judgment or decree also means the implementation of the final judgment of the court. Equality – In general, justice or equity. Historically, equity refers to a separate law developed in England in response to the inability of common law courts, in their strict compliance with rigid injunctions and forms of action, to review or remedy any breach. The King therefore created the Court of Chancery to administer justice between the parties in cases where the common law did not provide sufficient redress. The principle of this legal system is that fairness finds a way to achieve a lawful result if the judicial process is inadequate. Remedies such as injunctions and injunctions are equitable remedies. The fairness and justice tribunals are now merged into NM.
Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. Agreement and satisfaction – compromise and agreement. A way of completing a claim where the parties agree to give and accept something to settle the claim that supersedes the terms of the parties` original agreement. Accord is the new agreement; Satisfaction is the fulfillment of the new agreement. Trust – A legal instrument for the management of real or personal property made by one person (the settlor or settlor) for the benefit of another person (the beneficiary). A third party (trustee) or settlor manages the trust. Affidavit – A written statement of facts confirmed by the oath of the party taking it before a notary or officer authorized to take the oath. For example, in criminal cases, affidavits are often used by police officers who ask the courts to issue search or arrest warrants. In civil cases, witness affidavits are often used to support applications for summary judgment. Reciprocity – A meeting of the parties on the essential terms of the agreement. Self-defence – The claim that a criminal offence was legally justified because it was necessary to protect one person or property from the threat or act of another.
Party – A person, company, organization, or government agency involved in the prosecution or defense of legal proceedings. When considering an application for summary judgment, a judge will consider all the evidence in the light most favourable to the applicant`s opponent. Notice – Formal notice to the sued party that a civil action has been brought. Also any form of notification of legal proceedings or submission of a document. Cancellable Agreement – A valid contract that a party may terminate upon request. For example, a contract concluded by a minor is voidable for the minor or his legal guardian. As an adjective, short; rare; immediate; decided; out of control; without a jury; temporary; legal. The term, as used in legal proceedings, refers to a short, concise and expeditious procedure.
Habeas Corpus – A statement used to bring a person before a court to determine whether they are unlawfully detained. In civil matters, either party may file a pre-litigation application for summary judgment. Third Party – A person, company, organization or government agency that is not actively involved in, but affected by, a legal proceeding, agreement, or transaction. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Offer – An expression of willingness to enter into an agreement that is clear and secure in its terms and communicated to the recipient. Upon acceptance, the offer will be converted into a contractual obligation. Revocation (of driving licence) – judicial termination of a driving licence and driving licence after conviction by the DWI. The licence cannot be renewed or reinstated for the duration of the revocation unless an application for a new licence can be submitted and processed by the Ministry after at least one year from the date of revocation. This type of revocation is different from an administrative revocation, where the motor vehicle department can revoke a driving licence for a maximum period of one year. Competent witness – Any person is considered fit to be a witness. If a party questions the competence of a witness, the judge must determine whether the witness is able to observe, remember and communicate what he or she saw, and whether the witness understands the obligation of truth.
