This legal term article is a heel. You can help Wikipedia by expanding it. 1) n. a written legal argument, usually in a format prescribed by the courts, in which the legal basis for the claim is set out on the basis of laws, regulations, precedents, legal texts and arguments for the facts in the particular situation. A brief is filed to present arguments for various motions and motions before the courts (sometimes referred to as “points and authorities”), to counter the arguments of opposing counsel, and to provide the judge(s) with reasons to rule in favour of the party represented by the author of the letter. Occasionally, for minor or subsequent legal matters, the judge will declare that a letter or letter of memorandum is sufficient. For appeals and some other important arguments, the brief is linked to color-coded coverages set forth in state and/or federal court rules. Although the term was originally conceived as a short or summary argument (shorter than an oral presentation), legal briefs are ironically often notoriously lengthy. 2) V. summarize a precedent or present a legal argument in writing. Attentive law students “describe” each case in their casebooks, which means extracting the rule of law, reasoning, essential facts, and outcome. 3) v.
give another person a summary of important information. The man agreed with her reasoning and looked at the two beds she wanted. How I ended the argument – the conversation and the interview – and escaped him, I don`t know. For a concrete example in civil proceedings, see Tiffany and Company`s reply brief, Tiffany Inc. v. eBay, Inc., 08-3947-CV (U.S. Court of Appeals for the 2nd Circuit 2008, p. 3). 23, second paragraph): `In any event, if it is argued that eBay`s obligation to take corrective action would prejudice eBay`s activities, that fact cannot relieve it of its legal obligations.
Written statements submitted to the court outlining a party`s legal or factual allegations about the case. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Arguendo is a Latin legal term meaning argumentation. “Suppose, argue that … And similar expressions are used in courtrooms and academic legal circles, and sometimes in other fields, to refer to preliminary, unconfirmed assumptions made at the beginning of an argument to examine their implications. 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. 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. He pointed with his own eyes to Cynthia`s help in this argument. A defense attorney might say, “If my client stole the car, saving a life would have justified the theft,” suggesting that it is useless to establish the guilt or innocence of the client as they would have identical legal effects. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. It was obvious that Dick sensed the futility of the argument. And always, in response to every argument, Mary shook her head negatively. The study of the law and structure of the legal system Non-bankruptcy procedure in which a plaintiff or creditor attempts to subject the future wages of a debtor to his claim. 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 written and verbatim record of what was said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or an oral government body authorized to resolve disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Arguendo is a Latin term meaning “to argue” or “for the pleasure of arguing”. When something is argued, the person makes a hypothetical statement for the purpose of reasoning, regardless of whether that statement is actually true or if he or she believes it to be true. Sidney had been persistent and Harriet had outdone the argument in her factual way. 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. But Jeff Rankin has swept away all the arguments with a movement of his big paws. 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. The right as set out in previous court decisions.
Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 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. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. “Arguendo”, a Belgian law firm based in Hasselt, based its name on this legal term.
The term arguendo often appears in court opinions when a judge wants to express that even if one party`s argument is correct, it will still not win the case. 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.