When Legal Proceedings Are a Sham Blank Court

Ad Litem – Latin term meaning “for the purposes of the trial”. 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. Default Judgment – A judgment against a party who fails to appear in court or respond to the civil action or motion. Endorsed – Stamped with the court seal, which indicates the date and time of submission to the court. Order in Council – A court order. A final decree is one that completely and definitively settles the dispute. An interim decree is an injunction that often settles only part of a trial. Lien – A legal claim against someone else`s property as security for a debt. A lien does not transfer ownership of the property, but gives the holder of the lien the right to have his debt repaid from the proceeds of the property if the debt is not paid otherwise. Annulment – An action brought by a higher court to overturn or set aside a decision of a lower court. Amicus Curiae – A friend of the court. A party who is not a party to a case and who appears voluntarily or who is requested by the court to provide information on a point of law or other aspect of the case in order to assist the court in deciding a case pending before it. Arrest warrant – Most commonly, a court order authorizing law enforcement officers to make an arrest or search.

An affidavit requesting a warrant for arrest must prove probable cause by stating the facts on which the request is based. (5) Restrictions on monetary penalties. The court may not impose a fine: applications under rule 11 must not be made or threatened for minor and trivial violations of the standards prescribed in paragraph (b). They should not be used as an investigative tool or to examine the legal sufficiency or effectiveness of allegations in procedural documents; Other applications are available for these purposes. Nor should section 11 be prepared to highlight the merits of a party`s position, force an unfair settlement, intimidate an adversary into withdrawing highly controversial disputes, increase litigation costs, create a conflict of interest between counsel and client, or require disclosure of matters otherwise protected by solicitor-client privilege or the doctrine of work. As under the previous rule, the court may defer its decision (or decision on who to sanction) until the final resolution of the case to avoid immediate conflicts of interest and minimize disruption that occurs when disclosure of solicitor-client communications is necessary to determine whether a violation has occurred. or to identify the person responsible for the breach. (2) claims, defenses and other disputes are justified by applicable law or by a non-frivolous argument in favor of extending, amending or rescinding an existing law or introducing a new law; Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. File Number – The numerical designation assigned to each case by the court.

Opinion – A written statement by a judge of a decision of the court or a majority of judges. A dissenting opinion is not consistent with the majority opinion because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the court`s decision, but offers further comment or reasoning. A per curiam opinion is an unsigned opinion “of the court”. General jurisdiction – Refers to courts that have no limits on the types of criminal and civil matters they can hear. In order to ensure that the efficiency gains achieved by more efficient processing of plea are not offset by the costs of satellite litigation relating to the imposition of sanctions, the court should limit the scope of the sanction procedure to the Protocol as far as possible. Therefore, the discovery should only be made with the permission of the court and only in exceptional circumstances. Plea Agreement – An agreement between the prosecutor and the defendant, which is subject to court approval, on the sentence the defendant must serve in a guilty plea, Alford plea, or non-challenge plea. Generally, the accused pleads guilty in exchange for some form of clemency. For example, the defendant may plead for less serious charges to mitigate sentences. Or the accused may invoke some, but not all, charges, so others are dropped.

The agreement may contain recommendations for sanctions. These agreements are not binding on the court. Writ of certiorari – An order of the Court of Appeal that is used when the court has the discretion to hear or not hear an appeal. Jury trial – a trial by a panel of persons chosen from among the citizens of a particular district and brought before the court where they have taken an oath to hear one or more questions of fact and decide them by their verdict. The courts currently seem to believe that they can impose ex officio sanctions. See North American Trading Corp. v. Zale Corp., 73 F.R.D. 293 (S.D.N.Y. 1979). The power to do so was expressly granted in order to overcome the traditional reluctance of the courts to intervene unless one of the parties so requests. The detection and suppression of a breach of the signature requirement encouraged by the amended regulation is part of the court`s responsibility to ensure the effective functioning of the system.

Pre-trial release – Release by sheriff`s staff after arrest and before each hearing date, but with a hearing date. Habeas Corpus – A statement used to bring a person before a court to determine whether they are unlawfully detained. Cause – A lawsuit, litigation or legal action. Any civil or criminal matter heard or contested in court. Jurisdiction – The legal authority of the court to hear and resolve certain disputes. Jurisdiction generally consists of personal competence (authority over persons) and material competence (competence over types of cases). Capital Crime – A crime that can be punishable by death. Legend – The title of a legal document that lists the parties, the court, the case number and related information.

Appendices – A document or item that is formally submitted to the court and, if accepted, forms part of the record. The Certificate of Allegations and Other Factual Allegations will be revised to recognize that a litigant may sometimes have good reason to believe that a fact is true or false, but may need to be discovered formally or informally by opposing parties or third parties in order to gather and confirm the evidentiary basis of the allegation. Tolerating factual allegations contained in the plaintiffs` or defendants` initial pleadings, if expressly marked as based on information and beliefs, does not relieve the parties of the obligation to conduct an appropriate investigation of the facts that is appropriate in the circumstances; It is not a license to join parties, make claims or raise defenses without factual basis or justification.