An injunction may be issued if an application for an injunction is made prohibiting the defendant from committing the threatened act until the court has heard the application. These types of injunctions are also known as injunctions (ORTs) because they are supposed to be effective until the court decides whether or not to order an injunction. For example, if a neighbourhood association tries to prevent a landowner from cutting down a tree population, the association will seek an injunction to prevent the felling and an TRO prohibiting the developer from removing the trees before the court holds a hearing. If the association did not request an TRO, the developer could legally cut down the trees and effectively make the application for an injunction superfluous. ORDER, government. This term refers to the various bodies that make up the State. In ancient Rome, for example, there were three different orders; namely those of senators, patricians and plebeians. 2. In the United States, there are no orders from people, all people are equal in the eyes of the law, except that in some states slavery was imposed on them while they were colonies, and it still exists, in relation to a part of the African race, but these do not have special rights. Empty row.
A court order that prevents one or more designated parties from taking action. An injunction is often issued to allow for the establishment of facts so that a judge can determine whether a permanent injunction is warranted. Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. Section 707(b)(2) of the Bankruptcy Code applies a “resource test” to determine whether an individual debtor`s filing under Chapter 7 is considered an abuse of the Bankruptcy Act that requires a dismissal or conversion of the matter (generally in Chapter 13). Abuse is suspected if the debtor`s aggregate monthly current income (as defined above) over 5 years, less certain expenses permitted by law, is greater than (i) $10,000 or (ii) 25% of the debtor`s unjustified unsecured debt, provided that this amount is at least $6,000. The debtor may rebut a presumption of abuse only by proving special circumstances that justify additional expenses or adjustments to current monthly income. A request is an order request. The approval or rejection of an application is a matter of judicial discretion. If an application is accepted, the party moving (the party making the request) is usually limited to the remedy requested in the application.
While no particular form is required, a court order granting an application should be sufficiently clear for the parties to do what is ordered. While a court is not required to issue an opinion, in most cases a party is entitled to have the reasons for the court`s decision set out in the order. The decision is in accordance with the appeal requested in the application and contains all the conditions under which the appeal is upheld. The sentence ordered by a court for an accused convicted of a crime. To take effect, an order must be recorded, presented or recorded in the court minutes. Registration or presentation must be made to the court administrator within the prescribed time. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
A set, a place before, prefer a request or petition to or in front of a person. The act of asking for something. A written request to have a certain amount of land in or near a certain location. Biddle vs. Dougal, 5 Bin. (Pa.) 151. The use or disposition of an article. A merger to establish a relationship or establish a connection; such as the application of a rule or principle to a case or fact.
In. Insurance. The provisional application, declaration or declaration of a party applying for life or fire insurance. Purchase money. The disposition of funds received by a trustee in the event of a sale of real estate held under the Trust. Payments. the use of a payment for a specific debt; or the determination of which of several claims applies a general payment by a debtor to its creditor. The chapter of the Bankruptcy Act, which provides for “liquidation”, i.e.
the sale of a debtor`s unvaccinated assets and the distribution of the proceeds to creditors. To qualify for Chapter 7, the debtor must meet a “resource test.” The court assesses the debtor`s income and expenses to determine whether the debtor can proceed under Chapter 7. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). In addition to order scheduling and other tasks that deal with managing a case, there are several general categories of orders. An injunction is an injunction that does not decide the case, but settles certain related intermediate issues or provides a temporary remedy. For example, in a divorce case, a judge will issue an injunction setting out the terms of temporary child support and access while the case is pending. (1) n. any instruction or warrant from a judge or court that is not a judgment or legal opinion (although both may contain an order) ordering that something be done or that there be a prohibition of an act. This can range from the order of a case to be heard on a specific date to the order of a convicted defendant to be executed in a state prison. (2) against a judge who orders a party to perform or refrain from performing a certain act in court, or who orders an official or employee of the court (such as a sheriff) to take certain measures, such as the confiscation of property or the arrest of an AWOL defendant.
(See: Judge, Judgment) The bankruptcy Code`s statutory order of precedence for unsecured claims, which determines the order in which unsecured claims are paid if there is not enough money to pay all unsecured claims in full. All financial interests of the debtor at the time of filing the application for insolvency. The estate technically becomes the temporary rightful owner of all the debtor`s assets. The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. ORDINANCE, French law Law by which the rank of preferences of claims among creditors who have privileges on the price resulting from the sale of real estate is called order. Dalloz, Dikt. h.t.
Possibility of conviction in federal courts. On probation, rather than sending a person to prison, the court releases the person into the community and orders them to complete a period of U.S.-supervised supervision.