With respect to civil actions in «equity» and not in «law». In English legal history, courts of «law» could order the payment of damages and could offer no other remedy (see damages). A separate «fairness» tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in «legal cases,» but not in «fairness» cases. Imprisonment for two or more offences to be served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year term if served at the same time result in a maximum of five years behind bars. The parties to a construction contract must ensure that they understand both the plain and ordinary meaning and the legal meaning of the words used by a group of citizens who hear the evidence presented by both parties in the process and investigate the disputed facts. The federal criminal jury is composed of 12 people.

The civil juries of the Confederation are composed of at least six persons. A written and textual record of what was said, either in a proceeding such as a trial or during another formal conversation, such as a hearing or oral statement. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. Legal advice; A term that is also used to refer to lawyers in a case. 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. «Mandatory obligations must be distinguished from discretionary powers. Mandamus has nothing to do with the latter: it will not be about forcing a minister to promote legislation, for example. Legal obligations are in no way always imposed by binding language with words such as «shall» or «shall». Sometimes they will be the implicit quid pro quos of rights, as if a person could «appeal» to a court and the court had a corresponding duty to hear and decide the appeal. Sometimes even language that appears permissive is interpreted as imposing an obligation, as if «may» is interpreted as «shall.» Even if no obligatory words are used, the system of law may imply a duty. Chapter of the Insolvency Code that provides for «liquidation», i.e.

the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a «means test». The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. Generally refers to two events in individual bankruptcy cases: (1) the «individual or group briefing» of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the «Personal Financial Management Course» in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances or if the U.S.

trustees or insolvency practitioners have determined that there are not enough licensed credit counselling agencies to provide the necessary advice. 1. Plan, intend, or wait: I`ll leave later. 2. will, is determined, or will certainly do: Thou shalt do it. He will. 3. (in laws, directives, etc.) must; is or are obligatory: Meetings of the Council shall be public. 4. (used interrogatively in questions, often in invitations): Should we go? The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.

The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. 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.» It is important to note that the word used by the seller to realize the market commission of his buyer is «may» while the word used by the seller to pay the scrap market commission is «must». The use of these two monosyllabic rights of great jurisprudential importance in the same clause dealing with two rights relating to the same office must have two different meanings. Parliament`s intention is readily apparent from the subsection`s framework that what is transferred to the seller is only an option to collect the contract fee from its buyer, but the seller does not have that option and it is imperative that it refer the costs to the committee. In other words, the Market Committee has the right to collect the contract fees from the seller, whether or not the seller has made them from the buyer. The legal disclosure of the context in which the word can and should have meaning is indicated only by taking into account the purpose of the act with the corresponding quotations. The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full.

V. a decision to act or not, or a promise of opportunity, as opposed to «should», which makes it persuasive. (2) In laws and sometimes in contracts, the word «may» must be read in context to determine whether it means that an act is optional or mandatory, as it may be mandatory. The same careful analysis of the word «shall» must be made. Non-lawyers tend to see the word «may» and think that they have a choice or are exempt from complying with a legal provision or regulation. We call «shall» and «shall not» words of obligation. «Must» is the only word that imposes a legal obligation on your readers to tell them that something is mandatory. Also, «can`t» are the only words you can use to say something is forbidden. Who says that and why? «Mandamus, which is a discretionary exercise under article 226 of the Constitution, is adopted, inter alia, to compel the exercise of public functions, which may be administrative, ministerial or statutory. The legal obligation may be directory or mandatory. Legal obligations, if they are to be mandatory, are indicated by the use of the words «shall» or «shall».

However, this is inconclusive, as «should» and «shall» have sometimes been interpreted as «may». The nature of the obligation, whether mandatory, mandatory or compulsory, is determined by the system of the law in which the «obligation» is established.