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. According to Article 7(1) of the Rome Statute, crimes against humanity need not be related to armed conflict and can also occur in peacetime, such as the crime of genocide. The same article contains a definition of the offence, which includes the following main elements: The study of the law and the structure of the legal system All 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. 1. A Committee against Torture (hereinafter referred to as “the Committee”) is hereby established to perform the functions set out below. The Committee is composed of ten experts of high moral character and recognized competence in the field of human rights, acting in their personal capacity. Experts shall be selected by States parties taking into account a balanced geographical distribution and the usefulness of the participation of certain persons with legal experience. 1. If, after examining the information in its possession, each State Party in whose territory a person accused of having committed an offence set forth in article 4 is satisfied that the circumstances warrant it, it shall detain that person or take other legal measures to ensure its presence. Detention and other legal measures are provided for by the legislation of that State, but may be maintained only for as long as necessary to initiate criminal or extradition proceedings.
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. 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. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income.
A written statement filed in court or an appeal that explains a party`s legal and factual arguments. 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.” 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. 2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has not concluded an extradition treaty, it may consider this Convention as the legal basis for extradition for such offences. Extradition shall be subject to other conditions laid down by the law of the requested State. 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. 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 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.
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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 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. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. 1. Each State Party shall ensure in its legal system that the victim of an act of torture receives redress and is entitled to fair and adequate compensation, including the means for the fullest possible rehabilitation. In the event of the death of the victim as a result of torture, his dependants are entitled to compensation. The right as set out in previous court decisions.
Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 4. Such offences shall be treated, for extradition between States Parties, as if they had been committed not only in the place where they were committed, but also in the territory of States which, under article 5, paragraph 1, are required to establish jurisdiction. Desiring to make the fight against torture and other cruel, inhuman or degrading treatment or punishment more effective worldwide, 1. Each State Party undertakes to prevent, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity, commits in each territory under its jurisdiction other acts constituting cruel, inhuman or degrading treatment or punishment which do not constitute torture within the meaning of article 1. In particular, the obligations set out in articles 10, 11, 12 and 13 apply by replacing references to torture with references to other forms of cruel, inhuman or degrading treatment or punishment. 3Subject to paragraph 2 of this article, the Committee shall bring to the attention of the State Party to the present Convention any communication submitted to it under this article which has made a declaration in accordance with paragraph 1 of this article and which is alleged to contravene any of the provisions of the Convention. Within six months, the receiving State shall provide the Committee with written explanations or explanations clarifying the matter and, if necessary, any remedial measures taken by that State. (b) the person has exhausted all available domestic remedies; this provision shall not apply where the exercise of remedies unduly exceeds the time limits or is not likely to ensure effective legal protection for the person who has been the victim of the violation of this Convention.
The formal decision of a court to finally settle the dispute between the parties to the dispute. 3When amendments enter into force, they shall be binding on the States Parties which have accepted them, the other States Parties remaining bound by this Convention and by any earlier amendments which they have accepted. 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.