HopefullyInLawSchool
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Simple English definitions for legal terms
stay
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A quick definition of stay:
Stay: A stay is when a court stops a legal case or the actions of a person temporarily. This can happen for many reasons, like if there is another case happening that will affect the current one or if someone needs to do something before the case can continue. A stay can also stop a punishment from happening, like a jail sentence or a fine. Sometimes, a stay is automatic, which means that a person or company cannot do something until a certain event happens, like in bankruptcy when creditors cannot ask for money until the bankruptcy is over.
A more thorough explanation:
Stay is a legal action taken by a court to stop a legal proceeding or the actions of a party. It is usually temporary and can be issued for various reasons.
- A stay of proceedings can be issued by a court to stop litigation from continuing. This can happen if there is another proceeding occurring that will affect the present one or if a party must do something before the proceeding can continue.
- A stay of execution halts the enforcement of a judgement or sentence against someone. For example, a governor or the president can issue a pardon which is a form of stay of execution.
- An automatic stay is a statutory requirement that a party not pursue some right. For instance, in bankruptcy, creditors are "stayed" from pursuing payments from the debtor until the bankruptcy proceedings have ended.
These examples illustrate how a stay can be used in different legal situations to temporarily stop a legal proceeding or the actions of a party.
Compare with injunction.