Below Legal Definition

Preparation. Latin for «below», this is a legal abbreviation to indicate that the details or citation of a case will be included later in the letter. Infra is different from above, which shows that a case has already been cited «above». Typical language is Jones v. McLaughlin, below, which means that the exact citation of the case, including volume and page number, will follow later in the document. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. Section 707(b)(2) of the Bankruptcy Code applies a «resource test» to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. In criminal law, the constitutional guarantee guarantee guarantees 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 freedom or property. The law as set out in previous court decisions. Synonymous with precedent.

Similar to the common law, which stems from tradition and judicial decisions. A lower court is a subordinate court through which a case is passed. A case is referred from the lower court to the higher court or a higher court for review. The forum in which a claim is originally filed is called the lower court or lower court. 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 for which the court has jurisdiction to rule on cases. With regard to civil actions in «justice» and not in «law». In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate «justice» court might ask someone to do something or stop doing something (e.g., injunction). In U.S.

jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in «legal cases,» but not in «equity cases.» Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. UNDER. Lower in place, below, not as high as anything else we are talking about, tacitly mentioned by. 2. The next court is a subordinate court whose case may be heard in error by a superior court mentioned above as a court. 3. The deposit below is the one given to the sheriff in the releasable deeds, which is so called to distinguish it from the t-he action deposit, which is called the deposit above.

See above; Deposit above; Deposit below. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. Practice. Lower; subordinate court or court of first instance. The court whose reason for review is withdrawn is called the «lower court». Provisionally; Auxiliary or instrumental. The sheriff`s deposit is called «below deposit» because it is provisional and is intended to guarantee the increase of the above deposit or a special deposit.

See BAIL. Thesaurus: All synonyms and antonyms for the following A full-time attorney employed by the federal courts to provide legal defense to defendants who cannot afford legal advice. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act. «Stand here.» Dictionary, Merriam-Webster, Accessed October 3, 2022. Instructions from a judge to the jury before it begins to deliberate on the substantive issues it must answer and the legal rules it must apply. Government agency empowered to resolve disputes. Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» The Study of Law and the Structure of the Legal System Britannica English: Translation from below for Arabic the act or process by which the rights or claims of one person are classified among those of others. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). Written statements submitted to the court describing a party`s legal or factual allegations about the case.

A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges «generally follow precedents,» that is, they apply the principles established in previous cases to rule on 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 tried incorrectly or that it differed significantly from the current case in some way. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. These sample sentences are automatically selected from various online information sources to reflect the current use of the word «below». The opinions expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us your feedback. Legal proceedings that prevent an identical lawsuit from being filed later. Latin, which means «you have the body.» A habeas corpus order is usually a court order that requires law enforcement agencies to present a detainee they are detaining and to justify the prisoner`s continued detention.

Federal judges receive habeas corpus arrest warrant requests from state prison inmates who claim their state prosecutions violated federally protected rights in some way. A written document prepared by the Chapter 11 debtor or other plan proponent to provide creditors with «adequate information» to enable them to assess the Chapter 11 reorganization plan. A claim or receivable for which a creditor does not have a special guarantee of payment, such as: a mortgage or lien; a debt for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future solvency. Similar to a preliminary injunction, it is a short-term order from a judge that prohibits certain actions until a full hearing can take place. Often referred to as TRO. A pre-trial motion in which the court is asked to prohibit the other party from presenting or even returning evidence for matters that are said to be so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. A transfer of the debtor`s assets after commencement of proceedings. Allegation in an indictment or information accusing an accused of a crime. An indictment or information may include allegations that the accused has committed more than one crime. Each claim is called a statement. A case, controversy or trial.

Participants (plaintiffs and defendants) in a dispute are called litigants. A written statement describing why a debtor owes money to a creditor, usually indicating the amount of money owed. (There is an official form for this purpose.) Certain immovable property owned by an individual debtor, which the bankruptcy law or the law of the applicable State allows the debtor to hold with unsecured creditors. For example, in some states, the debtor may be able to exempt all or part of the equity at the debtor`s principal residence (Homestead exemption) or some or all of the «business tools» used by the debtor to earn a living (i.e. automotive tools for an auto mechanic or dental tools for a dentist). The availability and quantity of assets that the debtor may exempt depends on the State in which he resides. A serious crime that can usually be punished with at least one year in prison. Not to be the subject of a court decision because the controversy has not actually arisen or has not been terminated An exemption from a debtor`s personal liability for certain excusable debts. Notable exceptions to excusability include taxes and student loans. Debt relief relieves a debtor of personal responsibility for certain debts known as excusable debts and prevents creditors who owe those debts from taking action against the debtor or the debtor`s assets to recover the debt. The relief also prohibits creditors from communicating with the debtor about the debt, including by telephone, letters and personal contacts.

Accuse someone of a crime. A prosecutor hears a criminal case on behalf of the government A case to settle a dispute outside the courtroom. Most alternative dispute resolution methods are not binding and involve referring the case to a neutral party such as an arbitrator or mediator. Possibility of conviction in federal courts. On probation, rather than sending a person to prison, the court releases the person into the community and orders them to complete a period of supervision supervised by a U.S. probation officer and comply with certain conditions. A transfer of a debtor`s assets with the consent of the debtor.