An act performed by a bailiff under the authority of a request to take custody of the real or personal property of a person against whom the application has been made. Breach of contract: Failure to comply with a contractual obligation without legal excuse. 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. A crime of a more serious nature than a misdemeanor. In general, an offence may be punishable by death or imprisonment for more than one year. The categories of offences and permissible penalties are as follows: for Class A crimes, imprisonment for a term of not less than ten years and not more than thirty years, or life imprisonment; for Class B offences, a term of not less than five years and not more than fifteen years; for Class C offences, a maximum period of seven years; for a Class D felony, a maximum period of five years. To define a legal term, enter a word or phrase below. Execute: To complete a legal document, such as by signing it.
A proceeding in which a party to legal proceedings seeks the setting aside or modification of a judgment or final order of a lower court or administrative authority. 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 “statutes” below) The study of the law and structure of the legal system All the debtor`s interests in the assets at the time of the declaration of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Specific benefit: A remedy available to an aggrieved party if the remedy is inadequate, under which a defendant may be required to pay under the terms of a contract instead of paying damages. 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 to establish the rightful owner(s) of a property.
Continuation: Temporary suspension or postponement of legal proceedings. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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. In Canada, duty counsel are lawyers who are available in courthouses to provide assistance, and some free legal advice for people who appear in court without a lawyer and cannot afford to hire a lawyer. Duty counsel can usually help with criminal, family, tenant and mental health matters. 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. A person who has personal knowledge of an event or problem in a court case is a witness. A witness may be questioned by police or lawyers and invited to testify in writing or in person in a court case. The person or company who posts a bond in a criminal case to ensure the performance of the client (defendant) in his appearance in court, compliance with probation conditions, etc.
Remedy: recourse to damages or claim legal action. The court`s inquiry to determine if there is a legal reason not to impose a penalty. A remedy based on a system of equity, natural law or justice, as opposed to common law remedies. In family law or children`s law, the moment when a child becomes legally free from parental authority occurs automatically when he or she reaches the age of majority (18 in most cases). This can happen earlier if the child is married or if he is abandoned by the parents and takes care of himself. Option: An open offer to sell that must be accepted by the option beneficiary under the terms of the option, and if it is not accepted within the specified time, the right to do so will be forfeited. The act or practice of lending money at an exorbitant or illegal interest rate. A person who speaks with a practicing lawyer for legal advice or other legal services on a legal issue. Clause: A paragraph or subdivision of a legal document, such as a contract. Legal order requiring the competent official to execute a judgment, sanction or decree. Informed consent: Consent after full disclosure of constitutional and other legal rights that affect whether consent is given. A government agency that issues legal aid certificates and funds legal clinics across the province to provide access to lawyers to those who cannot afford a lawyer.
In the law of evidence, the presence of the characteristics that make a witness legally fit and able to testify. In inheritance law, a person`s ability to manage and take care of themselves and their own affairs. legal proceedings in which one or more issues are decided by a decision-maker. A court hearing usually refers to a part of an entire proceeding when a specific part of the case or issue is being addressed. A hearing may also involve legal proceedings before other decision-making bodies such as courts or arbitration proceedings (where an arbitrator is the decision-maker). Parties to a hearing may appear in person before the decision-maker, or some hearings are based solely on written documents provided by the parties. Incapacity: Lack of sufficient legal, physical or intellectual strength to perform an action. 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. The legal bill of rights that must be given to a person arrested or suspected of a crime before he or she can be questioned by judicial officials. Consent of the respondent to cease activities deemed illegal by the government. Also a decree in a case of equity, registered by agreement of both parties. Testimony: The testimony of a witness or party under oath in a judicial proceeding or testimony. A legal theory that alleges that the defendant abused a legal process, such as a subpoena or lawsuit. Written notice of an official given to a person or published in accordance with the law indicating that he has been designated as a party to a dispute or charged with a criminal offence. The procedure consists of a summons, summons or arrest warrant accompanied by a copy of the complaint or other procedural act. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Common Law – The legal system that originated in England and is now used in the United States.
It is based on judicial decisions and not on laws passed by the legislature. The minutes and legal acts drawn up by the applicant and submitted to the Court of Appeal in the context of appeal proceedings. Legal issue: Controversial point of law subject to a court decision. In criminal law, pre-trial negotiations between the defence and the prosecution in order to reach a decision on the case without trial. Under such an agreement, the defendant may be allowed to plead guilty to a lesser offence, or to plead guilty to one or more charges, but to release others, or the prosecutor may agree to recommend a particular sentence. The terms of a negotiated plea must be set out in open court and are only effective if approved by the trial judge. As a general rule, a police search of a person or place is not authorized by law to find evidence, stolen property, weapons, etc. A collective term that refers to all of a person`s property, including real and personal property and other legal rights. 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. the regulator of all lawyers and paralegals in Ontario.
The Law Society of Upper Canada decides who is licensed to practise law, sets rules for those who practise law, helps the public find legal services, and works to improve the profession.