An Existing Ruling That Is Relevant to a Legal Matter Is Known as What


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Offer – An expression of willingness to enter into a transaction that is clear and secure in its terms and that is communicated to the target recipient. Upon acceptance, the offer will be converted into a contractual obligation. In almost all cases, the Supreme Court does not rule on appeals; Instead, the parties must apply to the court for a writ of certiorari. It is the court`s habit and practice to «grant a certificate» when four of the nine judges decide they should hear the case. Of the approximately 7,500 certiorari applications filed each year, the court typically issues fewer than 150 certificates. These are generally cases that the Court considers to be sufficiently important to require their consideration; A common example is the occasion when two or more federal courts of appeal have ruled differently on the same issue of federal law. Generally refers to two events in individual bankruptcy cases: (1) the «individual or group information session» of a not-for-profit budget and credit advisory body, in which individual debtors must participate before filing an application under a chapter of the Bankruptcy Act; and (2) the «Personal Finance Management Course» in Chapters 7 and 13, which an individual debtor must complete before a release is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the necessary advice. Affirmative — Decision of a court of appeal declaring that the decision of the court of first instance is correct. Assets that a debtor is allowed to retain, free from the claims of creditors who do not have privileges over the assets. Merger clause – Merger clauses stipulate that the written document contains the entire agreement of the parties. The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement.

An agreement by a debtor to continue to settle an excusable debt after bankruptcy, usually for the purpose of preserving collateral or pledged property that would otherwise be taken over. Reasonable doubt – Such a doubt that would make a prudent person hesitate before acting on matters that are important to themselves. Malicious Abuse of Process – A crime by an adversary in which the power of the judiciary is maliciously abused. The elements of this offence are: (1) the opening of legal proceedings against the plaintiff by the defendant; (2) an act of the defendant in the application of a procedure that would not be appropriate for the proper prosecution of the claim; (3) a principal reason of the defendant for having abused the procedure in order to achieve an illegitimate aim; and (4) damages. Prima facie – Probably. A fact that one believes to be true unless one is refuted by evidence to the contrary. Evidence that will prevail until it is refuted and overcome by other evidence. Prima facie evidence is a case in which the plaintiff has provided sufficient evidence to compel the defendant to pursue his case. In other words, the plaintiff prevails if the defendant does not refute his case. Although the Supreme Court may hear an appeal on any point of law, provided that it has jurisdiction, it generally does not hold hearings.

Instead, the court`s job is to interpret the meaning of a law, decide whether a law is relevant to a particular set of facts, or decide how to apply a law. Lower courts are required to follow the jurisprudence of the Supreme Court in their decision-making. The legal systems of the Nordic countries sometimes belong to civil law systems, but as a separate branch and are sometimes considered distinct from the civil law tradition. In Sweden, for example, case law arguably plays a more important role than in some of Continental`s codified legal systems. The two highest courts, the Supreme Court (Högsta domstolen) and the Supreme Administrative Court (Högsta förvaltningsdomstolen), have the right to set a precedent that is binding in practice (but not formally) for any future application of the law. The courts of appeal, both the general courts (hovrätter) and the administrative courts (kammarrätter), may also issue decisions that serve as a guide for the application of the law, but these decisions may be overturned by the higher courts. Much of the case law is used to prove the existence of a statute and not, unlike many common law jurisdictions, the creation of a statute. Service – The delivery of a legal document or the obligation to appear in court by an officially authorized person in accordance with the formal requirements of applicable laws. The service, unless waived, is required for complaints, subpoenas or subpoenas to inform a person of a lawsuit or other legal action against them. Conservatory – The legal right granted to a person to manage the property and financial affairs of a person who is considered incapable of doing so for himself.

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