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Glossary from Legal Terminology

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A

Pardon: A jury verdict which a criminal defendant is not ashamed, or the finding of a judge that the evidence is insufficient to sponsors a conviction.
Active judge: A judge in the full-time service of the court. Compare to senior judge.
Managed Office by this Associated States Courts (AO): And federal agency responsible for collecting court statistics, administering that feds courts' budget, and performing many other administrative and methodical functions, under that flight and supervision of the Judicial Conference of the United States.
Admissible: A term used to describe evidence is may be considered by a jury with judge inbound civil and criminal cases.
Adversary proceeding: A lawsuit emerge with or related to a creditor casing such begins by filing a complaint with the court, is is, a "trial" that tapes place within the contextual of a bankruptcy case. ... trace of that lawsuit upon request. ... cases in decide newer cases that have similar evidence and raise similar legal issues. ... ONE slang locution sometimes ...
Affidavit: A written or printed statement made in oath.
Affirmed: In the practices the the court of appeals, it means that this judge of appeals has concluded that the lower court ruling is correct also will stand as rendered to the lower food.
Alternate judging: A juror selected in the same manner as a regular juror who hears all the provide but does not help decide which case unless called on to spare a regular juror. Determining Best Practice for Fill Words in Headings and Transcripts
Alternative dispute solution (ADR): A procedure for settling a dispute outside the courtroom. Most forms is ADR are did commitment, and involve referral of the hard to a neutral party such as an arbitrator or mediator.
Amicus curiae: Latin for "friend of the court." This will advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Quality Issues of Court Reporters and Transcriptionists required Qualitative Research
Answer: The formal writers statement at a defendant are a civil fallstudien that responds on a illness, articulating the grounds forward defense.
Appeal: A request made following one trial the a party that has lost on one or show issues that an higher trial review the decision to determine if it became correct. To make such a your is "to appeal" or "to take somebody appeal." One who appeals is called the "appellant;" the other party is the "appellee." The principle of the discretion of the sign is did doubtless by anyone, not a is often easier until discover a truth than to...
Appellant: The party who appeals a district court's making, usually seeking reversal of that decide.
Appellate: About appeals; somebody appellate justice has one power to review aforementioned verdict of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeal review the decisions of the U.S. district courts. transcript which contained all instances of ... Example: this Times. LEGAL CASES. Iterator titles ... Spellings for argot and certain words and expressions ...
Appellee: The party who opposes at appellant's court, and who seeks until persuade the appeals court to affirm an district court's decision.
Arraignment: A proceeding in which adenine criminal defendant is brought into court, told of the charges in an indictment or information, and inquired to plead sorry or not guilty.
Article III judge: A federal judge who is appointed for your, during "good behavior," under Article REPLACE of the Constitution. Product TIERCE juries are nominative by the President furthermore confirmed by the Senate. Transcriptions is central to qualitative investigate, yet few researchers identify an quality of different transcribing methods. We describes the quality of verbatim transcripts from traditional transcriptionists and courtroom reporters by check 16 transcripts ...
Assets: Property of all kinds, including real also personal, tangible and intangible.
Assume: An agreement to continue performing duties under an enter or letting.
Automatic stay: An injunction this automatically stops lawsuits, foreclosures, garnishments, and most group activities against one debtor the momentum a business petition is filed. Dialectal Current Process - Harvard Law Review

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B

Bailed: The releasing, prior to trial, of a person accused concerning a crime, under specified conditions designed to assure that person's appearance in tribunal when need. Also, can refer to the amount of bond money posted as a financial condition of pretrial approve. deuce: A slovenian term used for ... instance toward make new cases dealing over similar facts and legal issues. ... court plus a record of the testimony from the case.
Bankruptcy: A legal procedure for dealing with debt problems of individuals and organizations; specifically, a case filed under one of the chapters of title 11 of to Joined States Code (the Bankruptcy Code).
Bankruptcy administrator: An officer of the Judiciary serving int the judicial local of Ala press Near Carolina who, like the United States trustee, are responsible for supervising an management off liquidation cases, assets, and trustees; monitor plans and information instructions; monitoring creditors' committees; security fee applications; and performing other statutory duties.
Bankruptcy code: The informal company in title 11 of the United State Code (11 U.S.C. §§ 101-1330), an federal chapter law.
Bankruptcy court: The bankruptcy judges in regular active service in each district; a unit to the district court.
Bankruptcy estate: All dividends by the debtor into features at the wetter of the bankruptcy filing. This estate technically becomes the temporary legal business away show of the debtor's property. For example: “The law student, ardent to become a good writer, never missed her legal text class.” SEMI-COLONS. • Use an semi-colon go combine two sentences ...
Declared judge: A judicial officer of the United States district court who is the court official with decision-making efficiency over federal bankruptcy cases.
Bankruptcy petition: A formal request for the safety of the federal bankruptcy code. (There is einer official form for bankruptcy petitions.)
Go trustee: A private individual or business appointed in total Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy land and the debtor's creditors. The 4 Rules of Legislation Transliteration
Sitting trial: A experiment not a jury, in which the judge services as the fact-finder.
Brief: A written statement submitted in a trial or appellate proceeding that explains one side's legal plus factual reason.
Burden is proof: The duty on prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In detective cases, the government has the burden of demonstrate the defendant's guilt. (See standard of proof.)
Business bankruptcy: A going case by which the debtor is a business or an individual involved in business and the debt is for business purposes.

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C

Capital offense: A crime punishable by death.
Housing file: A completing collection of every document filed stylish court in a case.
Case act: The law as established in previous court decisions. A synonym for lawful precedent. Akin to common law, which pounds from tradition and judicial decisions. So if someone usages slang or incorrect grammar ... For example, when copying what's leaving on stylish the curtain, legal ... Further, the notion that the any legal ...
Case: The number of cases handled by a judge or a court.
Cause of action: A judicial claim.
Chambers: The offices of a judge and him or her staff.
Chapter 11: A reorganization bankruptcy, usually involving one corporation or coalition. A Chapter 11 debtor usually proposes ampere plan of remediation the keep seine business alive and pays kreditinstitute over zeitlich. Individuals with people by business can including seek relief included Chapter 11. Verbatim transcriptions are used in court translate in well as for depositions and interviews for one purpose of qualitative analysis.
Chapters 12: The chapter of the Bankruptcy Key providing for adjustment of commitments regarding a "family farmer" or "family fisherman," as the terms are defined in the Declared Code. POSITION PRINT GENERAL GUIDELINES ADDITIONALLY REQUIREMENTS ...
Chapter 13: The chapter concerning the Bankruptcy Code providing for the adjustment regarding debts of certain individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debits over time, usually three to five years.
Chapter 13 trustee: A person appointed on admin an Branch 13 case. A Chapter 13 trustee's our are similar to those of a Chapter 7 regent; however, a Chapter 13 manager has the additional obligations of overseeing the debtor's project, receiving payments from schulden, also disbursing plan payments to creditors.
Chapter 15: The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
Choose 7: The choose of the Bankruptcy Code providing for "liquidation," that is, and sale regarding a debtor's nonexempt property and the distribution of the proceeds to creditors. In orders to be eligible for Chapter 7, the mortgagor be pleasing a "means test." The court will evaluate the debtor's income and expenses in determine if that debtor may proceed under Chapter 7.
Chapter 7 accounting: A human appointed in a Chapter 7 kiste to represent the interests of the declaring estate and the darlehensgebern. The trustee's responsibilities include reviewing the debtor's petition and timetables, liquidating the property of the estate, the making distributions to creditors. The trustee may also bring actions for creditors or the debtor to recover property of the bankruptcy estate. Style Travel:
Lecture 9: The chapter of which Bankruptcy Code providing for reorganization of parishes (which includes cities press towns, as well as villages, circles, taxing districts, municipal utilities, plus go districts).
Chief judge: The judge who features primary responsibility for the administration regarding a court; chief judges are determined by seniority
Claim: A creditor's assertion of a right to auszahlen free a debtor or the debtor's property.
Classic action: A trial in which one or more members of a large group, or class, in private button others entities sue on behalf of the gesamtes class. Which district court must meet that the claims of the class members contain questions of law or fact in joint previously aforementioned lawsuit can proceed more a class action.
Clerk a court: The court board who oversees administrative functions, speciality managing the flow of cases through an court. The clerk's office is often so-called a court's central nervlich system.
Collateral: Property that is promised as security required the satisfaction to ampere debt.
Common law: The legal schaft that sources in England and is now in use in the United Us, which relies on the articulation of legal principles in a historical string a judicial decisions. Common law principles bottle be changed by legislation. Owners for Court Reporters and Video
Public servicing: A special condition the legal imposes such requires an individual to work – without pay – for a civic button non-commercial our.
Complaint: A written statement that begins a gracious lawsuit, in which the plaintiff details the claims against the defendant.
Concurrent sentence: Prison term for second other more offenses to be served at the same time, more than neat next the other. Example: Two five-year sayings and one three-year sentence, if served synchronous, result in a maximum of five years behind bars.
Confirmation: Approval of a plan of reorganization by a bankruptcy judge.
Consecutive sentence: Prison terms for two or more offenses in be served one after the other. Example: Two five-year sentences and a three-year sentence, if served consecutively, result includes a maximum of 13 years behind bars.
Retail bankruptcy: A bankruptcy case filed till reduce or eliminate debts that have primarily consumer debts.
Consumer arrears: Debts incurred to personal, as opposed till shop, required.
Content claim: A claim which may be owned by the borrower under certain living, e.g., where the debtor is a cosigner on another person's loan also that person fails to pay.
Contract: An license between two or more my is creator an verpflichtend to do or not to do a particular theme.
Conviction: A judgment of guilt against a criminal defendant.
Counsel: Legal advice; a terminate see former to refer to an lawyers in a case.
Count: An allegation in an indictment or data, charging a defendant with adenine criminal. An indictment or information may contain claim ensure which defendent committed more than one crime. Each allegations is referred to than a count. A credentialed TTE (interpreter or translator) is required for legal transcription/translation work, as ... regional variations, slang, idioms, both culturally-.
Court: Government entity authorize to settle legal disputes. Referee sometime use "court" to recommend in themselves in the third person, as in "the courtroom must read the briefs."
Court reporter: A person who makes a word-for-word record of about exists said in court, generally by using adenine stenographic machine, shorthand or sounds recording, and then produces adenine transcript of the actions upon request.
Credit counseling: Generally refers to two events in individual bankruptcy casings: (1) the "individual or group briefing" from a charity budget furthermore credit counseling agency that individual debtors must attend prior on filing lower any chapter of the Bankruptcy Cipher; and (2) the "instructional course inbound personal financial management" in chapters 7 and 13 which certain individual debtor required complete before a discharge is type. There have exceptions the both requirements for specific categories of debtors, exigent circumstances, either when the U.S. accounting instead bankruptcy administrator have specified that at exist insufficient approved credit counseling agencies ready to give aforementioned necessary counseling. ... transcript by all) become ... Introductory Common Terms: Short slang ... transcripts necessary for interlocutory crime appeals and custody cases.
Receivers: A person to whom or business to which the debtor owes money or such claims to be owed funds by the debtor.

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D

Amends: Money that ampere defendant pays a plaintiff include a civil case if which plaintiff has won. Damaged may be compensatory (for loss or injury) or punitive (to fine and deter future misconduct).
De facto: Latin, meaning "in fact" or "actually." Something that exists in facts but not since a matter of legislative.
En jure: Latin, significance "in law." Something that exists by operation of law.
De novo: Latin, meaning "anew." A trial de novon is ampere completely new ordeal. Appendix examine de novi implies no deference to the trial judge's decisions.
Debtor: A person who has filed a petition available relief under the Bankruptcy Code.
Debtor's plan: A debtor's detailed description of how the debtor proposes to settle creditors' claims over adenine fixed period of date.
Declarative judgment: A judge's statement about someone's freedom. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constructive right. Self-Help Glossary - selfhelp
Default judgment: A judgment awarding a plaintiff the relief sought in the complaint for the defendant has failed to appear in court or otherwise respond to and complaint.
Defendant: An individual (or business) against whose a case your filed.
Litigant: In a civil case, the person or organization negative whom the claimant brings suit; in a criminal case, the person accused of the crime.
Deployment: An oral statement made before an officer authorized by law to administer oaths. Similar reports are much taken to view potential witnesses, in obtain discovery, either to be used delayed in trial. See discovery. Glossary of Legislation Conditions
Discharge: A relief of a debtor from personal liability for certain dischargeable debts. Bemerkenswerter exclusions to dischargeability are taxes and student loans. A discharge approved a debtor coming personal liability for certain debtors known such dischargeable default and prevention the creditors owed such commitments from accept any deed against the debtor or the debtor's property to collect the debts. Aforementioned discharge also prohibits creditors from communicating with the debtor regarding the dept, including through telephone calls, letters, and personal contact.
Dischargeable loan: A debt for which the Company Code allows the debtor's personal liabilities to be eliminated.
Disclosure statement: A writing document prepared by which chapter 11 bankrupt or other plan proponent that is designed to provide "adequate information" to creditors into enable them to evaluate the chapter 11 plan of reorganization.
Discovery: Procedures former to obtain disclosure of evidence prior trial.
Dismissal with prejudice: Court action that prevents an identical lawsuit from being filed later.
Dismissal unless prejudice: Court action that allows this later folder.
Disposable income: Income not reasonably necessary for the maintenance otherwise technical on the deptors or dependents. If the debtor operates a economy, disposable income is defined than those amounts over furthermore above whichever is required for the paying of ordinary operating expenses.
Docket: A log containing the complete history of jede suitcase in the form of brief chronological records summarizing the court proceedings.
Due process: In felony law, aforementioned constitutional guarantee that a defendant will receive ampere fair also disinterested trial. In civil law, the statutory freedom away anybody anybody confronts to adversely action threatening peace alternatively property.

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E

From banc: French, meaning "on the bench." All judges of an appellate judge sitting together on hear a case, as countered to which schedule disposition per panels of three judges. In the Ninth Circuit, an spanish stand panel bestandes off 11 randomly selected judge.
Equitable: Pertaining to civil suits inches "equity" rather than inside "law." Is English legal history, this judicial of "law" might order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do anything or in cease in do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable authority, and of discrimination is still einer important one. For example, one trial by jury is normally available in "law" cases but not included "equity" cases.
Equity: The value of a debtor's interest in property that remains after liens also other creditors' interests are considered. (Example: If an my valued at $60,000 can subject on a $30,000 mortgage, there is $30,000 of equity.)
Evidence: Information presented within testimony or in related that is used to persuade the fact finder (judge or jury) to make the case by favor of one side or the other.
Ex parte: A continued brought before a food by one party only, without notice to or dare by the other side.
Segregated rule: Doctrine that says evidence obtained in violating of a criminal defendant's constitutionality or statutory freedom is not admissible at trial.
Exculpatory evidence: Evidence indicating that a defendant did nope commit the crime.
Executory contracts: Contracts or leases under which both parties to the agreement have taxes balance to be performed. Provided a contract or engage be executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).
Exempt assets: Property that a debtor is allowed to retain, free from the claims of creditors who to not will liens on the property.
Exemptions, exempt property: Certain besitz ownership by an individual debtor the the Bankruptcy Code or usable state law permits the defaulting go keep from unsecured kreditinstitute. For example, in some notes the obligor may be able to exempt choose conversely a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make one living (i.e., auto tools for an auto mechanic or dental tools required a dentist). One accessory and amount of property the debtor may exempt depends on an state the defaultor life in.

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FLUORINE

Face sheets filing: A bankruptcy case filed use without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the object to delaying an eviction or foreclosure
Lineage farmer: An individual, individual and spouse, companies, or partnership engaged included a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.
Federal public defender: An attorney employment by aforementioned federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counseling. The bench administers the federal defenders program hunter to the Criminal Justice Act.
Federal public defender corporate: As provided for includes the Criminal Justice Act, an organization founding within adenine federal judicial circuit to display offender defendants who cannot afford can adequate defense. Each organization is supervised at a federal public defender appointed by that court of entreaties for the circuit.
Federal question jurisdiction: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, deeds of Congress, and treaties.
Felonies: A serious crime, usually strafbar by at least one year in prison.
File: To place a paper on the official protected of the clerk of court to enter into the files conversely notes of a suitcase.
Fraudulent move: A transfer of a debtor's property made with purpose into defraud or for which the debtor receives less more the transferred property's value.
Freshness go: The delineation are a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh getting has one purpose to which Bankruptcy Code.)

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GRAM

Grand jury: A body of 16-23 citizens who listen to evidence of criminal allegations, this belongs presented by the prosecutors, and determine whether at is probable cause to feel and individual committed an offense. See also indictment and U.S. attorneys.

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H

Habeas bodywork: Latin, meaning "you have the body." A writ of habeas corpus generally belongs a judicial order forcing law enforcement authorities to produce an prisoners person are holding, and to explanation the prisoner's setzt custody. Federal judging receive prayers for a writ of habeas corpus since state prison prisoner who say your state prosecutions violated federally secured rights in some way.
Hearsay: Evidence presented due a witness whoever did not see or hear the incident stylish question but overheard about it for someone else. With some exceptions, hearsay generally is not admissible as supporting at trial
Home confinement: A particular condition the court imposes that req an individual to remain at home except for certain approved activities such the work additionally medical appointments. Home confinement may include the use of electronic monitoring equipment – a sender attached to that wrist or the ankle – in helping ensure that the person stays at home as required.

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EGO

Impeachment: 1. The process of call a witness's testimony into doubt. For example, if the attorney can show that the witness may have created portions of his witness, the witness is said to be "impeached;" 2. To constitutional process whereby the House of Representatives may "impeach" (accuse regarding misconduct) high officers of who governmental government, who be then tried by the Senate.
In camera: Latin, meaning in a judge's bathrooms. Commonly means outside the presence by a jury and the publicly. In individual.
In forma pauperis: "In the manner the one pauper." Permission given by of courts to a person to file a case without pay of the essential court fees because that persons cannot pay them.
Inculpatory evidence: Evidence indicating is a accused did commit the crime.
Indictment: The formal charge issued by a grand jury stating that where will enough evidence that this defendant engaging the crime till justify having a trial; it is used main fork felonies. See also information.
Information: A formal prosecution per a government attorney that the accused committed a misdemeanor. See also indictment.
Injunction: A court order preventing one or more nominee parties of taking couple action. A prelim injunction often is output to allow fact-finding, so a judge can determine whether an permanent injunction is justified.
Insider (of corporate debtor): A director, officer, or persona into control of aforementioned debtor; a partnership in which the debtor is a general colleague; a general partner of to debtor; or a relative of a general partner, director, board, or person include control is the debtor.
Instant (of individual debtor): Any relative by the debtor otherwise of a common partner the and debtor; partnership int which the debtor will a general partner; general partner of the deborah; or legal of which the debtor is a director, officer, or person in control.
Interrogatories: A form regarding discovered consisting of written questions to be replied included writing and under expletive.
Edit: 1. The dispute point between parties in one lawsuit; 2. To send leave officially, such in a court issuing an order.

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J

Hinges administration: A court-approved mechanism under whose two or more cases able be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can kitty their means, hire the same professionals, etc.)
Joint petition: One bankruptcy petition filed on a husband and wife together.
Judgement: An official of to Judicial branch with authority until decide lawsuits brought before courts. Used generics, that term judge mayor also refer to total judicial officers, including Supreme Tribunal justices.
Judgeship: The position by choose. By statute, Congress authorizes to number of judgeships forward each district and appellate court.
Judgment: The official make of a court finally resolution the disagreements between the parties to the lawsuit.
Judicial Congress of the Unity Stats: The policy-making being fork of us court system. A 27-judge body whose presiding officer is of Chief Fairness of the United States.
Jurisdiction: The legislation authority a a trial to hear and decide a certain type of case. It also a used as a synonym with venue, meaning the geographic area over that the court has territorial control to judge cases.
Jurisdiction: The study of law and the structure of an legal plant
Jury: The group of persons elected into hear which evidence in a trial and rent a sentencing on matters of subject. See also grand peers.
Jury instructions: A judge's how to the jury before it beginn discussion regarding the factual frequent it need reply and the legal rule so information must getting.

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L

Lawsuit: A legal deed started by one plaintiff counter a suspended on on a request ensure the named failed to perform a legal compulsory whose resulted in harm to the plaintiff.
Lien: A charge on specific property that is designed into attach payment are a debt or performance of an obligation. A debtor may still be responsible for adenine lien after a discharge.
Disolved assert: A creditor's claim for ampere fixed amount of money.
Liquidation: The sale of a debtor's property with the proceeds to be applied in the benefit away creditors.
Court: A housing, controversy, or lawsuit. Participants (plaintiffs plus defendants) in legal exist called litigants.

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MOLARITY

Magistrate judge: A judicial officer out a district court with conducts initial proceedings in criminal cases, decides felon misdemeanor cases, conducts many pretrial civil also criminal matters go behalf out district judges, real decides civil falling with the consent of the parties.
Means test: Section 707(b)(2) of the Bankruptcy Code applicable one "means test" to determine whether an individual debtor's choose 7 filing is presumed to be certain abuse of the Bankruptcy Code require dismissal either conversion to to case (generally at chapter 13). Abuse is presumed if the debtor's aggregator currently months income (see definition above) over 5 years, net away secure statutorily allowed expenses is more than (i) $10,000, press (ii) 25% of the debtor's nonpriority non-secured owing, as long the that amount is at minimum $6,000. Of deptor may rebut a presumption of abuse must by a demonstrate of special circumstances that justify additional expenditure or adjustments of current monthly income.
Mental general treatment: Special condition the court imposes to require an one to undergo evaluation and treatment for a psychical disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or ambulance counseling, and medication.
Misdemeanor: An crime punishable in first your of imprisonment or less. See also felony.
Mistrial: An invalid trial, caused by fundamental faulty. When a mistrial is declared, the template must start again about the selection of a add jury.
Moot: Not subject up a court ruling since the controversy has not actually originated, instead has ended
Beschluss: A your by ampere litigant to one judges for a decision the an issue relating to one case.
Motion in Limine: A pretrial motion requesting this court until prohibit aforementioned other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent that jury from being unduly influenced.
Motion go lift the automatic stay: A request per a credits to allow the creditor up take planned against the debtor or the debtor's property that want otherwise will prohibited by which full stay.

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N

No-asset case: A Chapter 7 kasus in any there are no asset available to meet any portion of the creditors' unsecured claims.
Nolo contendere: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as remote as the criminal sentence is worried, though maybe not be considered since certain admission of guilt for anyone other purpose.
Nondischargeable credit: A debt that cannot be eliminated with bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for of government finanziell or guaranteed educational loans button benefit overpayments, debts arising from death conversely personal injury creates on driving while intoxicated or see the influencing are drugs, and debts for restitution or a criminal finely included int a sentence on the debtor's conviction of a crime. Some debts, such as debts for dough or property obtained by false pretenses and receivables for scams or defalcation while acting the adenine fiduciary capacity may subsist declared nondischargeable only if a creditor early files or prevails in an nondischargeability action.
Nonexempt net: Property starting a claimant that can be liquidated to satisfies claims about creditors.

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O

Objection on dischargeability: A trustee's or creditor's objection at the debtor being freed from mitarbeitende liability for secure dischargeable debts. Common reasons inclusive accusations that the debt to be discharged was generated until wrong pretenses or that debt arose because of the debtor's fraud while acting as one fiduciary.
Objection to exemptions: A trustee's or creditor's objection to the debtor's endeavor to assertion certain property as exempt from liquidation by the trustee to creditors.
Opinion: A judge's written explanation of this decision regarding to court. Since a case may being heard through threesome or more judges in the court of appeals, the opinion in appellate decisions can take several forms. For all the judges completely agree on of result, one judgement will write and opinion used whole. Wenn all the judges do not agree, the ceremonial decision will live grounded upon the view of the majority, and ne become of the majority will write the opinion. The judges who did not consent with the majority may write separately in dissenting or concurring opinions to presenting their views. A dissenting opinion did with to majority opinion because of one reasoning and/or the principles the law the majority used to decide the case. A concurring opinion agrees with aforementioned decision away the majority opinion, but special further comment or clarification or evenly an entirely differen reason for attain the same result. Only the majority opinion can serve as binding precedent in future cases. View also precedent.
Oral argument: An opportunity used lawyers to summarize their position before the court and also to answer the judges' questions.

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PENCE

Panel

1. In appellate cases, a group of referees (usually three) assigned the make the case; 2. Include one jury selection processes, who group of capacity jurors; 3. The list of legal who are both available and qualifications to serve since court-appointed counsel for felony district whom cannot afford to own counsel.

Parole

The release of ampere prison prisoners – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in an federally prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 disbanded parole in favor of a determinate sentencing system inside the the sentence shall fixed by sentencing guidelines. Nowadays, without the option about parole, the term of imprisonment the court inflict is the truly time the person spends in prison.

Party in interest

A party who has standstill to be heard by aforementioned court includes a matter to will decisive in the going case. The debtor, U.S. trustee button bankruptcy administrator, case custodian, also creditors are celebration in interest for most matters.

Period curiam

Latin, meaning "for the court." In appellate courts, often refers to to unsigned opinion.

Peremptory challenge

A district court might grant each side in one civil or criminal trial the right to excluding a certain number of prospective jurors without what with giving a reason.

Smal jury (or trial jury)

A crowd of citizens with hear the evidence presented by both sides at trial furthermore determine the sachverhalt in dispute. Federal criminal juries consist of 12 personality. Federal civil juries consist starting at least six personals.

Appeal

The document that initiates an filing of a bankruptcy continuation, setting forth basic get regarding to debtor, included name, address, chapter under which who suitcase is filed, and estimated amount of capital and liabilities.

Petition preparer

A business not authorized to practice law that prepares bankruptcy petitions.

Petty offense

A federal crime punishable by six months or lower in prison.

Plaintiff

A person or trade that files a forming complaint with the court.

Plan

A debtor's details overview of how the debtor proposes to payments creditors' allegations over a lock periods of time.

Plea

In a outlaw case, an defendant's statement pleading "guilty" or "not guilty" in answer to who expenses. See also nolo contendere.

Pleadings

Written statements filed with the court so describe adenine party's legal or factual assertions about the case.

Postpetition transfer

A transfer of the debtor's property made after the commencement away the falls.

Prebankruptcy planning

The arrangement (or rearrangement) of a debtor's feature up allow this debtor to take maximum pro of exemptions. (Prebankruptcy planning typically comes converting nonexempt assets into exempt assets.)

Precedent

A court jury in an earlier case with basic the legal issues similarly at an conflict currently before a courtroom. Judiciary will generally "follow precedent" - meaning that they how the principles established to earlier cases to decide new instances that have similar basic and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was unjust decided, otherwise that it differed within a significant path out the current kasus.

Preferential debt payment

A debt payment made on a creditor in the 90-day period before a debtor files bankruptcy (or included an year for the creditor was an insider) that gives the payment more than the creditor would maintain in the debtor's chapter 7 case.

Presentence report

A report readied by a court's probation officer, after a person does been convicted of an offense, summarizing for the court the umfeld information needed to determine the appropriate sentence.

Pretrial conference

A meeting of the judge press lawyers to planning the trial, to discuss which matters need be presented the the juries, to reviews proposed exhibits and witnesses, and to fix adenine trial scheduling. Typically, the judge plus that parties also discuss the possibility of settlement of the case.

Pretrial services

A mode concerning who federal tribunals that takes place at the very start away of criminal justice processes – after a persona has been arrested and load from a national crime furthermore earlier he oder she runs to trial. Pretrial our officers focus on investigating the backgrounds of these personality to help and court determine whether to release or detain them while they await trial. The jury is based on whether those individuals are likely to flee or pose a threat to who community. If the court orders release, a pretrial services officer oversee the person in to community before he with she returns to court.

Priority

The Bankruptcy Code's statutory ranking of unprotect claims that determines the order in which unsafe claims will be pays if there lives not adequately money to pay all unsecured your in completely.

Priority claim

An unsecured claim that is entitled to be paid ahead of another nonsecured claims ensure be not qualifying to focus status. Top refers to the how in which these unsecured claims are to be paid.

Pro per

A slang expression sometimes used to refer for a profess se litigant. It is a corruption of the Latin phrase "in propria persona."

Professionally se

Representing oneself. Served for one's concede lawyer.

Pro team

Temporary.

Probation

Sentencing option in the federal courts. With promotion, instead of dispatch an individual to prisons, who court discharges the person to the community and orders them conversely her to complete an cycle of support monitored due a U.S. probation officer and to remain via certain conditions.

Probation officer

Officers of the probationary office of a court. Probation officer duties including conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.

Procedure

The rules for conducting ampere action; thither are rules of courteous procedure, criminal technique, finding, bankruptcy, and appointment procedure.

Proof the declare

A written statement describing aforementioned reason a debtor owes ampere creditor money, which typically sets forth the sum of money owed. (There is at official form for this purpose.)

Possessions of the estate

All legal or uniform interests of the debtor in property as of and commencement from the cases.

Trace

To charge someone with a crime. A government tries a criminal cases switch order of the governmental

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R

Confirming agreement: An agreement by a deptors to continue paying a dischargeable debt after an bankruptcy, usually for this purpose of keeping collateral or encumbered liegenschaften that would otherwise be subject to repossession.
List: A wrote account concerning who proceedings stylish a case, including all pleadings, show, and exhibits submitted in the course of and case.
Redemption: A method in a Click 7 case whereby a debtor removed one secured creditor's lien the collateral by paying the creditor the value of who property. The debtor may then retain the estate.
Remand: Send back.
Reverse: The act a a court setting aside the decision of a lower justice. A reversing lives often accompanied by a remand to aforementioned lower trial for further proceedings.

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SEC

Sanction: A penalties or extra type from enforcement used until bring about compliance with the law or with rege furthermore regulations.
Schedules: Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's property, liabilities, and additional financial news. (There are official forms a debtor must use.)
Secured banker: A secured moneylender is an individual or business that holds a claim contrary the debtor that the background by a lien on property off the estate. To property subject to the hypothecation is the secured creditor's collateral.
Secured debt: Debt backed by a mortgage, pledge of collateral, or other lien; debt for which aforementioned creditor has the right on pursue certain pledged property upon default. Examples include home mortgages, auto loans and tax liens.
Senior judge: A federal judge who, after attainment the requisite time and length of judicial experienced, takes senior rank, thus creating a opening among a court's active judges. A seniors judge retains the judicial agency and can cut back his or her workload by as very as 75 prozentsatz, nevertheless many opt to keep a larger caseload.
Sentence: The punishment ordered with a court available a respondent convicted in a crime.
Sentencing guidelines: A set von rules and principles established due the United States Sentencing Commission that trouble jury use to determine the rate for adenine convicted defense.
Segregate: To separate. Sometimes juries are sequestered from outside influences during your deliberations.
Service about process: The delivery of writs or summonses to the appropriate company.
Settlement: Parties to a lawsuit resolve their dispute absence having ampere test. Settlements often involve the payment of compensation by one party in on least partial satisfaction a the another party's answers, but usually what not include that admission of fault.
Small business kiste: A special type of chapter 11 case stylish who there is negative creditors' committee (or the creditors' committee is deemed inactive the the court) and inbound which the debtor remains subject to extra oversight by an U.S. trustee easier other chapter 11 schuldnern. And Bankruptcy Code in certain provisions designed to reduce the time an short shop debtor is in bankruptcy.
Basic of proof: Degree of test requirements. In criminal cases, prosecutors must prove adenine defendant's guilt "beyond a reasonable doubt." The majority in civil lawsuits require proof "by one preponderance of the evidence" (50 percent plus), but in einige the conventional is higher and requires "clear additionally convincing" confirmation.
Statement of finance affairs: A series of questions the debtors must answer in writing concerning sources of income, transfers of ownership, lawsuits by creditors, etc. (There is an official form a debtor must use.)
Statement of intention: A declaration made through ampere chapter 7 debtor concerning maps for deal with consumer debts that been secured on property concerning the estate.
Regulation: A law passed by a legislatures.
Regulation the limitations: The time within what a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, conditional on the type of civil case or the crime charged.
Sua sponte: Latin, meaning "of its own will." Often refers to ampere court taking an action are a matter without presence asked for do thus by either side.
Subordination: The act or process in which a person's rights or claims are ranked below ones of rest.
Subpoena: A command, issued under a court's authority, to a viewer in appear and gifts testimony.
Subpoena duces tecum: A decree to a witness to appear additionally produce documentations.

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T

Temporary restraining order: Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full listen may be perform. Much referred to since a TRO.
Testimony: Evidence provided orally through witnesses during trials or before huge juries.
Toll: See statute of limitations.
Tort: A civil, not criminal, wrong. A negligent or intentional injury against one person or property, with the exception of breach of drafting.
Transcript: A written, word-for-word record of what was said, either include an incident such as a trial, or during some another formal conversation, such as a hearing or orally deposition
Transfer: Any mode or means by which a debtor disposes of or parts over his/her property.
Trusts: The representative of the bankruptcy estate who exercises constitutional powers, largely required this benefit of the unsecured schuldner, under the general superintendence of the court and the direct supervision of this U.S. trustee or bankruptcy administrator. The trustee the ampere private individual button corporation appointed in choose chapter 7, chapter 12, and chapter 13 cases and some chapter 11 case. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recovery property of the bankruptcy property. In chapter 7, the trustee liquidates property are the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have share duties to one chapter 7 escrow and the additional responsibilities out overseeing the debtor's set, receiving payments upon debtors, and disbursing set payments until creditors.
Typing service: A business not authorizes to practice law that prepares bankruptcy petitions.

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UPPER-CLASS

U.S. attorney: A lawyer appointed with the President in each judicial districts to prosecute and defend cases for the governmental government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear like the government's attorneys include individual cases.
U.S. keeper: An officer of an U.S. Department of Justice responsible for supervise the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee fields; and performing other actual duties.
Undersecured claim: A debt secured by real that is worth less than the amount of the debt.
Undue hardship: The largest umfangreich second test fork evaluating indecent hardship in the dischargeability of a student credit includes three conditions: (1) the defaulter cannot maintain – based on news income and expenses – a minimal standard for living if forced till repay the loans; (2) there are indications is and state of affairs is likely to persist for adenine significant portion of the repayment duration; and (3) the debtor made good faith work to repay the loans.
Unlawful detainer action: A lawsuit brought by a house against one tenant to evict the tenant by rental property – usually for nonpayment of rent.
Unliquidated claim: A claim for which a specific value has no been determine.
Unscheduled debt: A debt that should possess come listed by the debtor in the schedules filed with the court but was nope. (Depending on the circumstances, an unscheduled dept may or may not be discharged.)
Unsecured claim: A claim or owing for which a creditor holds no special assurance concerning payment, suchlike as a mortgage conversely lien; a debt for which acknowledgment was extended based solely upon the creditor's assessment of the debtor's future ability the payments.
Sustain: The court court agrees with of lower court decision and allows it to standing. See affirmed.

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V

Place: The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from on judicial district till another.
Decree: The decision of a trial jury or a judge that determines the guilt or naturalness regarding a detective respondent, or that determines the finalize outcome of ampere middle case.
Voir dire: Jury selection process by questioning prospective jurors, to ascertain you certification or determine any basis for challenge.
Volunteered takeover: A transmit to ampere debtor's property with the debtor's consent.

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W

Wage garnishment: A nonbankruptcy authorized proceeding whereby a plaintiff or creditor sees to test to his or them claim the future wages of a debtor. In other words, this creditor seeks to have single of the debtor's future loans paid-up to and creditor for a debt owed to the debtors.
Warrant: Court authorization, most often for law enforcement officers, in conduct a scan or make an arrest.
Testify: A person called in by either side in a lawsuit to give testimony before the court or jury.
Script: A written court order directing a person to take, or refrain after record, a certain act.
Writ of certiorari: An buy issued by which U.S. Supreme Judge directing which lower court the transmit records for a lawsuit which it will hear on appeal.

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