Supreme Court Case Briefs in Criminal Procedure

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Special indexes for the bound volumes of California records and briefs are located at the Reference Desk. The currency of the microform records and briefs differs by jurisdiction and is dependent on the microform publisher. Users should consult with a reference librarian for assistance in locating the records and briefs for specific opinions. This book highlights the availability of both free and fee-based resources, and also includes information about libraries and archives that maintain briefs in print and microform.

Supreme Court. Supreme Court : Selected coverage begins with A limited number of selected older briefs may be included. It includes Merit and Amicus briefs for cases granted certiorari. Courts of Appeals: For each circuit there is difference coverage. Overall, there is selected coverage from through current. Other circuits' coverage include the First Circuit coverage beginning in and Ninth Circuit selected coverage beginning in Tax Court: Selected coverage beginning with for briefs and for petitions.

California: Selected coverage from Earlier documents may be included in this database. Another way to find briefs are under dockets if you have a specific case. Search for the case under docket search. Once you clicked on the case, at the bottom of the page there should be the docket. If you want a brief click on the number to the left. The number will be either blue or green. If it is blue it means it is available now. However, if it is green still click on it and all you have to do is send an email and Bloomberg will retrieve it to you within minutes. Briefs: Free Websites There are a few free online sources for court briefs but none of them are comprehensive.

The Supreme Court hears cases at last instance only. The composition of respective Senates depends on the importance of the matter brought before the Supreme Court. In criminal cases the Supreme Court will only hear appeals for nullity against a guilty verdict of a Schoeffengericht or a Schwurgericht or an appeal against the penalty.

The Legal Information System of the Republic of Austria is a computer -assisted information system on Austrian law, which is coordinated and operated by the Austrian Federal Chancellery. Its beginnings date back to when the essential features of the system were designed. After federal legislation had been incorporated into the system, decisions of the supreme courts started to be included.

A section of the Legal Information System offers a selection of important Austrian laws in English translation. Amendments are incorporated as soon as they are promulgated so that the database always contains the applicable version of a document one document: 1 section or 1 article or 1 annex. In addition to the applicable version, many norms also offer the opportunity to access previous versions, making it possible for the user to reconstruct the development of the regulation.

As a result of the cooperation with the office of the State regional government, the State Law Gazette contains all issues of the State Law Gazette of all the Austrian Provinces in their original versions. The Municipal law database contains the laws of some Austrian municipalities. The database also contains selected municipal laws of Austrian Provinces. The CELEX database is made up of the following sections: treaties, external relations, secondary legislation, complementary legislation, preparatory works, case law, national measures, parliamentary questions, consolidated texts at present time there are no documents available , official journals C-series , and EFTA documents.

Case-law is now a third key component of the Legal Information System. The databases contain both the legal principles and the full text of the rulings. Austrian law is documented by a plethora of legal literature such as commentaries, handbooks, textbooks, or journals.

Constitutional Law. Vienna: Springer, Vienna: Verlag Oesterreich, lose leaf. Civil Code. Vienna: Manz, Vienna: LexisNexis. Code of Civil Procedure. Code of Criminal Procedure. Vienna: Manz, lose leaf. Commercial Code. Competition Law. Vienna: Verlag Oesterreich, Kommentar, Vienna: Manz, Criminal Code. EU Law. Auflage, ISBN: Labour Law and Industrial Relations in Austria. Strasser Rudolf - Manz Verlag. A translation of the related provisions of the Commercial Code, etc. Austrian Labour Law. Manz Verlag, 8. The Austrian Privatstiftung. Bank Privat AG, Freshfields Bruckhaus Deringer Hrsg.

Table of Contents 1. Introduction 2. Public Law: Constitutional Law 2. Private Law 3. Criminal Law 4. Austrian Court System 5. Legal Resources 6. The prosecutors can be the public prosecutor State Prosecutor , the subsidiary prosecutor or the private prosecutor. The legality principle: it is the duty of the State Prosecutor subject to exceptions to prosecute the offences of which he becomes aware whilst in office. The speech principle the reading of statements from the preliminary proceedings by the examining magistrate or the police is only possible in limited circumstances. The public principle the public should only be excluded from a hearing on important grounds The procedure must be carried out in front of a legally appointed judge.

Participation of the public in the criminal justice system jury and juror. Establishment of the truth principle the court must do everything in its power to clarify the state of affairs and should not limit itself to the examination of the claims from the state prosecutor and the defense.

Courts of Public Law Jurisdiction 5. It offers various calculation programs such as the calculation of attorney and notary fees and the calculation of the sizeable exempt amounts and introduces the most important recent law books. In addition, the website provides extensive information on Austrian Law in English the latest books on Austrian law in English are listed here. Rechtsdatenbank - With the creation of the Legal Database in , the first milestone for electronic legal information in Austria was laid.

The RDB, working together with every Austrian legal publisher, offers the largest selection of legal information currently available in database form. As an independent organization, the RDB is able to bring together in one single platform professional journals from 27 different publishers together with all information currently contained in the RIS database.

The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy. Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt. A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc.

There is an official form a debtor must use. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged. Latin, meaning "of its own will. Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted.

Often referred to as a TRO. A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

Briefs and Oral Arguments

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition. The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.

The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors.

Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U. Attorney employs a staff of Assistant U. Attorneys who appear as the government's attorneys in individual cases. An officer of the U. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain — based on current income and expenses — a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans.

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property — usually for nonpayment of rent.

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A debt that should have been listed by the debtor in the schedules filed with the court but was not. Depending on the circumstances, an unscheduled debt may or may not be discharged.

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A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay. The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another. The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

An order issued by the U. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

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  4. There’s an Exception to the Double-Jeopardy Rule;
  5. Main content Glossary of Legal Terms. A Acquittal A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge A judge in the full-time service of the court. Compare to senior judge. Administrative Office of the United States Courts AO The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.

    Admissible A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Adversary proceeding A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case. Affidavit A written or printed statement made under oath.

    Affirmed In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

    Legal Terms Glossary

    Alternate juror A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror. Alternative dispute resolution ADR A procedure for settling a dispute outside the courtroom. Amicus curiae Latin for "friend of the court. Answer The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct.

    Appellate About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal. Appellee The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. Arraignment A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

    Assets Property of all kinds, including real and personal, tangible and intangible. Assume An agreement to continue performing duties under a contract or lease. Automatic stay An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. Go to top B Bail The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Bankruptcy A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code the Bankruptcy Code.

    Bankruptcy administrator An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Bankruptcy court The bankruptcy judges in regular active service in each district; a unit of the district court.

    Bankruptcy estate All interests of the debtor in property at the time of the bankruptcy filing. Bankruptcy judge A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases. Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors. Bench trial A trial without a jury, in which the judge serves as the fact-finder.

    Brief A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. Burden of proof The duty to prove disputed facts. Business bankruptcy A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. Go to top C Capital offense A crime punishable by death. Case file A complete collection of every document filed in court in a case.

    Examination of Witness in Criminal Trial and Evidence Act ( Recent Case Law ) Section 231(2) CRPC

    Case law The law as established in previous court decisions. Caseload The number of cases handled by a judge or a court. Cause of action A legal claim. Chambers The offices of a judge and his or her staff. Chapter 11 A reorganization bankruptcy, usually involving a corporation or partnership. Chapter 12 The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.

    Chapter 13 The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 trustee A person appointed to administer a Chapter 13 case. Chapter 15 The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. Chapter 7 The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.

    Chapter 7 trustee A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. Chapter 9 The chapter of the Bankruptcy Code providing for reorganization of municipalities which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

    Chief judge The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority Claim A creditor's assertion of a right to payment from a debtor or the debtor's property. Class action A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through the court.

    Collateral Property that is promised as security for the satisfaction of a debt. Common law The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Community service A special condition the court imposes that requires an individual to work — without pay — for a civic or nonprofit organization.

    Complaint A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant. Concurrent sentence Prison terms for two or more offenses to be served at the same time, rather than one after the other. Confirmation Approval of a plan of reorganization by a bankruptcy judge. Consecutive sentence Prison terms for two or more offenses to be served one after the other. Consumer bankruptcy A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

    Consumer debts Debts incurred for personal, as opposed to business, needs. Contingent claim A claim that may be owed by the debtor under certain circumstances, e. Contract An agreement between two or more people that creates an obligation to do or not to do a particular thing. Conviction A judgment of guilt against a criminal defendant. Counsel Legal advice; a term also used to refer to the lawyers in a case. Count An allegation in an indictment or information, charging a defendant with a crime. Court Government entity authorized to resolve legal disputes.

    Credit counseling Generally refers to two events in individual bankruptcy cases: 1 the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and 2 the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered.

    Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. Go to top D Damages Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. De facto Latin, meaning "in fact" or "actually. De jure Latin, meaning "in law.

    De novo Latin, meaning "anew. Debtor A person who has filed a petition for relief under the Bankruptcy Code. Debtor's plan A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time. Declaratory judgment A judge's statement about someone's rights. Default judgment A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. Defendant An individual or business against whom a lawsuit is filed.

    Defendant In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Deposition An oral statement made before an officer authorized by law to administer oaths. Discharge A release of a debtor from personal liability for certain dischargeable debts. Dischargeable debt A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. Disclosure statement A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.

    Discovery Procedures used to obtain disclosure of evidence before trial. Dismissal with prejudice Court action that prevents an identical lawsuit from being filed later. Dismissal without prejudice Court action that allows the later filing. Disposable income Income not reasonably necessary for the maintenance or support of the debtor or dependents. Docket A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

    Due process In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. Go to top E En banc French, meaning "on the bench. Equitable Pertaining to civil suits in "equity" rather than in "law. Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case in favor of one side or the other.

    Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side. Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial. Exculpatory evidence Evidence indicating that a defendant did not commit the crime.

    Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. Go to top F Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts.

    Face sheet filings are often made for the purpose of delaying an eviction or foreclosure Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel.

    Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U. Felony A serious crime, usually punishable by at least one year in prison.

    File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, i.

    Go to top G Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. Go to top H Habeas corpus Latin, meaning "you have the body. Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.

    With some exceptions, hearsay generally is not admissible as evidence at trial Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Go to top I Impeachment 1. In camera Latin, meaning in a judge's chambers. In forma pauperis "In the manner of a pauper.

    Inculpatory evidence Evidence indicating that a defendant did commit the crime. Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Information A formal accusation by a government attorney that the defendant committed a misdemeanor. Injunction A court order preventing one or more named parties from taking some action.

    Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor. Insider of individual debtor Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.

    Interrogatories A form of discovery consisting of written questions to be answered in writing and under oath. Issue 1. Go to top J Joint administration A court-approved mechanism under which two or more cases can be administered together. Joint petition One bankruptcy petition filed by a husband and wife together. Judge An official of the Judicial branch with authority to decide lawsuits brought before courts.

    US Case Law, Court Opinions & Decisions :: Justia

    Judgeship The position of judge. Judgment The official decision of a court finally resolving the dispute between the parties to the lawsuit. Judicial Conference of the United States The policy-making entity for the federal court system. Jurisdiction The legal authority of a court to hear and decide a certain type of case. Jurisprudence The study of law and the structure of the legal system Jury The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.

    Jury instructions A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Go to top L Lawsuit A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff. Lien A charge on specific property that is designed to secure payment of a debt or performance of an obligation. Liquidated claim A creditor's claim for a fixed amount of money. Liquidation The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

    Litigation A case, controversy, or lawsuit. Go to top M Magistrate judge A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties. Means test Section b 2 of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case generally to chapter Mental health treatment Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder.

    Misdemeanor An offense punishable by one year of imprisonment or less. See also felony.