Word for a Legal Claim

Attempting to bring an action without a claim will result in the dismissal of that action under Federal Rule of Civil Procedure 12(b)(6) for lack of claim. As in Ashcroft v. IQBAL and Bell Atlantic v. Second, an action must prima facie be plausible and demonstrate more than the mere possibility that the defendant will have to survive an application for dismissal under Article 12(b)(6). 1) v. to make a claim for money, property or to assert a right provided by law. 2) n. the assertion of a claim (claim of a claim) for money owed, for property, for damages or for the assertion of a right. Failure to comply with such a claim may result in legal action.

In order to assert a right against a government agency (from damages caused by a negligent bus driver to the absence of pay slips), a lawsuit must first be filed. If it is rejected or ignored by the government, it is time to take legal action. 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. A debtor`s assets that can be liquidated to satisfy creditors` claims. A lawsuit in which one or more members of a large group or class of persons or other entities sue on behalf of the group as a whole. The district court must determine that class actions contain questions of law or fact before the action can be brought as a class action. 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. 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 debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. A detailed description of a debtor`s intention to settle creditors` claims over a period of time. A debt or debt for which a creditor does not have special security for payment, such as a mortgage or lien; a claim for which credit has been granted solely on the basis of the creditor`s assessment of the debtor`s future creditworthiness. Assets that a debtor is allowed to keep, free from claims by creditors who do not have liens on the property. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A claim for which no specific value has been determined. 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. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Objection by a trustee or creditor to the debtor`s attempt to claim certain assets against creditors as exempt from liquidation by the trustee. The parties to a dispute settle their dispute without judicial proceedings. Settlements often involve the payment of compensation by one party to satisfy at least part of the other party`s claims, but generally do not include an admission of fault. Legal claims are subject to the principles of res judicata and, therefore, a party may not be able to bring an otherwise valid claim in court due to the exclusion of claims. A party is prevented from bringing claims in a new dispute which has already been decided on the merits in earlier proceedings, as well as in any mandatory counterclaim which it may have brought but which it did not bring in that earlier proceedings.

The synonyms requirement and claim are sometimes interchangeable, but demand involves tenacity and perseverance, and often the right to make demands that must be considered orders. 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. A Chapter 7 case where no assets are available to satisfy certain unsecured claims of creditors. A written statement instituting civil proceedings in which the plaintiff describes in detail the claims against the defendant. A person or entity to whom the debtor owes money or claims to be owed to the debtor. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The study of the law and the structure of the legal system A written statement filed in a judicial or appellate proceeding that explains a party`s legal and factual arguments. An act or process by which one person`s rights or claims are classified among those of others. A secured creditor is a natural person or corporation that holds a claim against the debtor that is secured by a lien on the estate. The assets subject to the lien are the security right of the secured creditor.

A claim is a set of operational facts that create enforceable law in court. The term claim is generally synonymous with the term cause of action, although some contexts prefer to use one term over the other. For example, in insurance, you typically file a claim for coverage under a policy rather than filing a cause of action for coverage under a policy. 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.