Legal Definition Due to
Objection. In a trial, reason given by a lawyer that a case or proceeding is illegal. It is important to raise objections in open court in order to prepare minutes for the appeal. Check in. The official collection of all documents submitted to a court in a court case. Refute. Refute, refute or eliminate the effect of any argument or assumption in legal proceedings. Breach of contract. Non-compliance, without legal excuse, of all or part of the promises made in a contract. Amicus Curiae. (Latin: “friend of the court.”) A person or entity who submits a pleading to the court expressing his or her views on a case involving other parties because he or she has a strong interest in the subject matter of the action.
Error. In the legal sense, an erroneous interpretation of the facts or an application of the law that may give rise to an appeal. Survival status. An Act providing for an action to continue after the death of a person involved in the action. Benefits for illegally employed minors. If a person under the age of 18 is injured on the job and violates a state law regarding minors, that person is entitled to an additional 50% of the compensation rate as additional compensation, which must be paid by the employer rather than the insurance company. Handicap. In the legal sense, the legal incapacity to perform an act.
Used in a physical sense in relation to workers` compensation laws and consists of (a) actual inability to perform employment duties and resulting loss of wages, and (b) physical impairments that may or may not be unable to work. Causality. Action by which an effect is produced. See also “legal cause” and “immediate cause”. n. and adj. at a certain time. A popular legal redundancy is that a debt is “due, due and unpaid.” Unpaid does not necessarily mean that a debt is due. Contract. A legally enforceable agreement between two or more competent parties, entered into orally or in writing. 1.
Fair; That`s right; regular; legal; sufficient; As in the terms “due diligence”, “due process”, “due notice”. 2. Due; payable; and rightly so. What one pays or provides to another; What the law or justice requires to be paid or done.3. Due or due, as opposed to liabilities. It is often said that a debt is owed by a person if he or she is the party who owes it or who is primarily obligated, whether or not the payment date has arrived.4. Payable. It is commonly said that an invoice or banknote is due at the time of payment. The word “due” always implies a firm and established obligation or responsibility, but there is considerable ambiguity in the use of the term as to the timing of its payment, as shown by the definitions above, the exact meaning being determined in each case from the context. This may mean that the claim or claim in question is now due and enforceable (present or immediate), or that it has become due at some point in the past and is not satisfied, or that it is firm and secure, but that the day fixed for its payment has not yet come. But, in general, and in the absence of qualifying terms, the word “due” is limited to the first of these meanings, the second being expressed by the word “late” and the third by the word “due”. See Feeser v.
Feeser, 03 Bn 716, 50 Atl. 406; Ames v. Ames, 128Mass. 277; Van Hook v. Walton, 28 tex. 75; Leggett v. Bank, 24 N. Y. 286; Scudder vs. Scudder.
10 N. J. Law, at p. 345; Barnes v. Arnold, 45 App. Div. 314, 61 N. Y. Supp.
85; Yocum v. Allen, 58 Ohio St. 280, 50 N.E. 909; Gies v. Bechtner, 12 Minn. 284 (Gil.1S3); Marstiller v. Ward, 52 W. Va. 74, 43 p.
E. 178. Postponement of a court case to a later date. Ad Litem. A Latin term that means for trial purposes. For example, an “ad litem” guardian is a person appointed by the court to protect the interests of a minor or a legally incapable person in a dispute. Jurisdiction. The legal law by which judges exercise their authority. Arbitration. A mini-trial that can be held instead of a trial and conducted by a single person or a panel of three people who are not judges. Arbitrators are usually former judges or experienced lawyers.
In general, arbitration is cheaper and faster than jury trials. Arbitral awards may be converted into judicial judgements upon application to the court, unless a party has protested against gross injustice, collusion or fraud. Plaintiff. The party complaining or complaining; one who applies to the court for an appeal. Also named the applicant. Complaint. From a legal point of view, the document that a plaintiff submits to the court contains allegations and damages. A complaint usually triggers a lawsuit. Plenipotentiary. An individual (who is not necessarily a lawyer) who has been authorized by another person to act on his or her behalf, either for a specific purpose, to perform a particular act, or for the transaction of transactions in general that are not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. Recognition.
1. A statement of responsibility. 2. The brief statement at the end of a legal document that the document has been properly signed and accepted. Declaration. Judicial decision on the rights of the parties in a dispute to clarify the legal positions of the parties. Adversarial procedure. Disputes involving parties with conflicting interests, where one party seeks legal protection and the other opposes it.
Attack. An intentional attempt or threat to harm another person, combined with the current ability to inflict injury on that person that they are concerned about. Although the term “attack” is often used to describe the use of unlawful force, the correct legal term for the use of unlawful force is “assault”. Answer. In civil proceedings, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time and either acknowledge the factual or legal basis of liability or (usually) deny it. Normally, a defendant has 30 days to file a response after the plaintiff`s complaint has been served. In some courts, an answer is simply called an “answer”. Empty. have no binding effect or legal force; zero. Action. In the legal sense, a formal complaint or claim before a court.
Legal fiction. A presumption of a fact, which may or may not be true, made by a judge to decide a question of law. Heading. The title of a legal document listing the parties, the court, the case number, and related information. Admissible evidence. Evidence that can be lawfully and duly introduced in civil or criminal proceedings.