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. The state is the sovereign political entity that we commonly refer to as a “country” or “nation.” The state consists of thousands of different components, all of which could be subject to prosecution. Important examples include: a court decision in a previous case with similar facts and legal issues to a lawsuit 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. If there is a government policy or law that has harmed you or affected your rights, you can take legal action against: All of the debtor`s interests in the property at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. The study of the law and the structure of the legal system In some cases, it may be possible to hold the State responsible for acts committed outside its territory or if its acts have effects outside its territory. It is increasingly recognized that the human rights obligations of Governments extend to people living outside their borders. These obligations may arise in the following circumstances: The request for government action refers to the requirement that, in order for a plaintiff to bring a lawsuit for violation of the law, he must prove that the government (local, state, or federal) was responsible for the violation, not a private actor. Example: IFC lawsuit (United States) In U.S. courts, Indian farmers are suing the international financial institution IFC for its investment in a coal mine that has caused severe environmental damage to their land.
The party against whom the action is brought is often referred to as the “defendant” (the relevant term for your claim depends on the legal system and the nature of the claim). In some cases, it is possible to take legal action against the abstract notion of the State as a whole (e.g. the State of India). Free Legal Web Resources is a service of Emory University School of Law and is organized by topic. The object of jurisdiction is the power or power of each court for certain types of disputes (disputes). In order for a court to hear a particular case, it must have substantive jurisdiction over the matter or matters on which the court is called upon to decide. Some courts, called ordinary courts, have jurisdiction ratione materiae over many types of cases. All issues raised before a court that do not fall within the substantive jurisdiction of that court must be dismissed or dismissed, as the court has no statutory decision-making power. For example, if someone dies and he/she has a will, each county usually has a special court, sometimes called a surrogate or probate court, which can decide whether the will is valid and how the assets listed in the will should be distributed. If you are trying to bring a case about a will to family court, the family court usually does not have jurisdiction ratione materiae to make decisions about a will and may not be able to decide your case. You may need to file multiple applications in different courts to achieve the desired result. For example, if you want custody, child support, and a protection order, some states may require you to file three different applications in two or three different courts.
According to the Supreme Court in Edmonson v. Leesville Concrete Co., Inc., 500 U.S. 614 (1991), “Although the conduct of private parties is in most cases outside the scope of the Constitution, state authority may dominate an activity to such an extent that its participants must be assumed to act with the authority of government and, therefore, be subject to constitutional constraints.” The Lectic Law Library. An irreverent and useful website, including a legal dictionary with definitions of thousands of legal terms, articles, and other documents on hundreds of legal topics. In the Edmonson case, the Supreme Court wrote that “discrimination, while harmful in all contexts, violates the Constitution only if it can be attributed to government action.” A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The functions of the liquidator include reviewing the debtor`s application and schedules, liquidating the assets of the estate and distributing them to creditors. The liquidator may also bring actions against the creditors or the debtor in order to recover ownership of the bankruptcy estate. An action that prevents the subsequent filing of an identical action. 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. Individuals may also sometimes take legal action against international organizations.
If a State organ is obliged to take a certain measure and fails to carry out this measure, legal action may be taken against: 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 exemption of a debtor from personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal liability for certain debts, called excusable debts, and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to collect the debts. Debt relief also prohibits creditors from communicating with the debtor about the debt, including through telephone calls, letters and personal contacts. A “successor” is a person/corporation that inherits ownership, rights, and/or liabilities from another person/company, such as a company that changes its name to a new legal name and takes over the assets of the old company (a “liability” is something for which a company is liable, e.g. a debt to another company). Although the ICJ concluded that the United States had no effective control over the Contras (and could not be directly responsible for their actions), the Court concluded that the United States was responsible for providing military, logistical and financial support to paramilitary groups in Nicaragua. The United States was subsequently ordered to pay compensation. Not subject to a court ruling because the controversy did not actually arise or end the Columbia Law School Library`s online resources contain a variety of documents and information related to the lawsuit.
All public servants enjoy immunity when their acts involve the exercise of official authority. For example, when they represent their government. A key aspect of this type of immunity is that it lasts forever. 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 representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver.
A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate.