The regulation (or restructuring) of a debtor`s assets so that the debtor can make maximum use of the exemptions. (Pre-insolvency planning generally involves converting non-exempt assets into exempt assets.) 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. Battery or battery. In Pennsylvania`s auto insurance law, insurance buyers have the ability to «stack» uninsured and underinsured motorists. If you choose «stacking», it means that you can add up the coverage for each vehicle you have insured, at least as part of the policy. (There is currently a problem with the ability to «stack» coverage under separate insurance policies.) For example, if you have two vehicles with $100,000/$300,000 (i.e. $100,000 per person and $300,000 per accident) coverage from uninsured or underinsured motorists, you can «stack» coverage and have $200,000/$600,000 coverage. Rumor. Evidence based on what the witness heard from someone else, rather than what the witness personally experienced or observed. Hearsay is not admissible unless it is covered by an exclusion or exception to the rules of evidence for admission.
A formal accusation by a prosecutor that the accused has committed a crime. See also Indictment. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Latin, which means in the chamber of a judge. Often means outside the presence of a jury and the public. In private. 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. Tort.
In civil law is usually an injustice or injury against a person or property. A tort does not constitute a breach of contract. French, which means «on the bench». All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. Survival status. A legal law that provides that a lawsuit continues after the death of a person involved in the lawsuit. Sending or forwarding a document to an employer or government agency as part of a legal proceeding. The filing date is the date of receipt of the document. 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. Check in. The official collection of all documents submitted to a court in a court case. TAKE. It is a technical term that means to be legitimate; As a motto will take under the will. To take also means to grasp, take and take. Subrogation. Replacement of one person by another, giving the agent the same legal rights as the original party. For example, an insurance company may have the right of subrogation to sue any person that the person who indemnified it may have sued.
The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Jurisdiction. The legal law by which judges exercise their authority. Causality. Action by which an effect is produced. See also «legal cause» and «immediate cause». Judgement. A formal court decision that resolves issues in a legal dispute and determines the rights and obligations of the parties. See also Decree, Ordinance.
A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. A district court bailiff who conducts initial proceedings in criminal cases, decides criminal cases, conducts numerous preliminary civil and criminal cases on behalf of district judges, and decides civil cases with the consent of the parties. Risk management. When a person acts willingly and knowingly in the face of an obvious and known danger, he or she assumes the risk. A person who has assumed the risk cannot identify the mandatory element of a negligent cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain about being hurt by the risk they took. Therefore, he will not be allowed to claim damages from those who would otherwise have been liable. Average weekly wage. According to the calculation, the average weekly wage is the number used to determine the loss of earnings that a worker injured on the job receives under the Workers Compensation Act in Pennsylvania. There are several methods for determining the average weekly wage, and the calculation process is complex.
Plaintiff. The party complaining or complaining; one who applies to the court for an appeal. Also named the applicant. Unscrupulous. A doctrine in which courts may refuse to perform a contract because of the unfairness or abuse of a party because of the conclusion of the contract or the terms of the contract. Compensation. In the context of automobile insurance, where the amount that can be recovered under a policy or part of that policy up to a certain limit is limited to the difference between what has already been collected under another policy or part of the policy and the limit. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to «appeal» or «to appeal». The one who appeals is called a «complainant»; The other party is the «appellant». Latin, which means «new».
A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. Heading. The title of a legal document listing the parties, the court, the case number, and related information. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Latin, which means «in law». Something that exists by law. Declaration. Judicial decision on the rights of the parties in a dispute to clarify the legal positions of the parties. 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. «Take.» Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/taking. Retrieved 14 January 2022. 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.» Income that is not reasonably necessary for the maintenance of the debtor or dependents.