Traditional meaning of instanter in English (with legal use of this Latin concept in England and the United States in the nineteenth century)[1]: (in Latin) Sofort; see Book 4 (“Of Public Wrongs”), Blackstone`s Commentaries on the Laws of England 396. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. 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. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income.
A written statement filed in court or an appeal that explains a party`s legal and factual arguments. This definition of instanter is based on The Cyclopedic Law Dictionary. This entry needs to be proofread. 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 court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current 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.
Encyclopedic, `Instanter` (legaldictionary.lawin.org 2018) joined on October 11, 2022 So I have to get Bibles immediately, so send me the London edition, as bad as it is, say 500 copies. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. 619 Immediate custody orders; Immediate Safety Plan Orders An order of the U.S. Supreme Court ordering the lower court to submit cases for a case it will hear on appeal. So he turned away from his interlocutor and briefly but kindly recommended that Lon return immediately to his concert. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. On the shore, when we arrived at Little Rock and Shako went to get sugar cane, he immediately earned the respect of this old elephant. 2. If the court finds that the best interests of the child cannot be ensured without removal, it shall immediately make a written order ordering that the child be placed in the temporary custody of an appropriate parent or other person capable of protecting the health and safety of the child: or in the care of the state. The order contains written findings of fact showing that removal of the child is necessary in the best interests of the child. If an appropriate parent or other appropriate person is detained, a safety plan is ordered by the court and the acting guardian is required to comply with the terms of the security plan.
The safety plan must specify the conditions for relations with parents or other third parties. 4. Where the court finds that emergency removal or the issuance of a security plan order is not necessary for the protection of the child, the court will issue a written order denying the application for custody or implementation of a security plan. E. Any peace officer who has local jurisdiction over the child has the power to serve a subpoena on a parent or guardian ordering him or her to appear in court to continue custody or negotiate the safety plan. In the summons, the parent or guardian must be expressly informed that the court may make a binding order in his or her absence if he or she fails to appear. A copy of the summons shall be entered in the minutes as proof of service. The local child protection unit employee must notify the parent or caregiver in writing of the date, time and place of continuation of the custody hearing or safety plan.
D. The immediate order is carried out either by an employee of the local child protection unit or by a peace officer with local responsibility for the child. (2) After the complaint is filed, the parent does not have the right to place the child in a person or facility other than the ward until custody has been returned to the parent or the safety plan has ended. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. (2018, 02). Instanter legaldictionary.lawin.org Retrieved January 10, 2022 by legaldictionary.lawin.org/instanter/ sentencing option in federal courts.
With probation, instead of sending a person to prison, the court releases the person into the community and orders them to undergo a period of supervision supervised by a U.S. probation officer and comply with certain conditions. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. 1. The question of the dispute between the parties to the dispute; 2. To be sent officially, such as in a court that makes an order. The poor dandy immediately pointed to a pair of straight coat tails, and the whole table joined in a “tremenjous” roar. B.
Where removal of the child is sought, the court shall determine without delay whether the division has made reasonable efforts to prevent or eliminate the need to remove the child, including whether the division has applied for an injunction under section 617, an order of protection under section 618 or a security plan order under this section. In the execution and determination of reasonable efforts, the health and safety of the child is the primary concern.