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. Written, oral or non-verbal communication is a statement subject to hearsay rules only if the communication is intended to be an “affirmation”. See G.S. 8C-801(a). Therefore, statements that do not assert facts, such as questions (“What time is it?”) or instructions (“Get Out of Here”), may qualify as non-hearsay. See, for example, State v.
Mitchell, 135 N.C. App. 617 (1999) (the inmate`s order to the respondent to “leave” or “hurry” was not hearsay: “[t]he directions, like those in this case, are not hearsay, because they are merely offered to prove that the direction was given, not to prove the truth of the facts alleged therein.”); G.S. 8C-801, Official Commentary (states that “a preliminary decision is necessary to determine whether an allegation is intended”, but also with the note that “the rule is worded in such a way that the burden is on the party who claims that the intention [to make an allegation] existed” and “ambiguous and dubious cases against it and in favour of admissibility are resolved”); see also State v. Peek, 89 N.C. App. 123 (1988) (name and address written on an envelope were not hearsay because it was not a statement: “The behaviour of the sender in addressing and dispatching the envelope undoubtedly implies that the sender believes that the addressee lives at that address. However, since no allegation is intended, the evidence is hearsay and admissible. 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.
If you are considering admitting a document such as the one mentioned here as evidence, you should look at hearsay exceptions and think about which ones would apply to your situation. The other party may have no objection to the documents, or hearsay rules may be more relaxed in the court where you are, but it`s good to know what exception your evidence allows, just in case it becomes a problem. n. the general rule that witness statements or documents naming persons who are not tried are not admissible. Because the person claiming to know the facts is not present in court to say his or her exact words, the trial judge cannot directly assess the conduct and credibility of the alleged witness, and counsel for the other party cannot cross-examine the witness (ask questions). Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case.
A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Identify what you need to say during your testimony. What you are asked to say during your testimony is based on your personal account of what happened.
When you write your letter of intent with your lawyer, she will help you put the words together. Your lawyer should never tell you what to say or tell you to omit certain parts. As a witness, it is your duty to tell the court what you saw, regardless of the outcome. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000.