Legal Terms

7/17/2019 Legal Terms

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Acquittal

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence isinsufficient to support a conviction.

Active judge

A judge in the full-time service of the court. Compare to senior judge.

Administrative Office of the United tates Courts (AO)

!he federal agency responsi"le for collecting court statistics, administering the federal courts# "udget, and performing many other administrative and programmatic functions, under the direction and supervision ofthe $udicial Conference of the United tates.

Admissi"le

A term used to descri"e evidence that may "e considered "y a jury or judge in civil and criminal cases.

Adversary proceeding

A la%suit arising in or related to a "an&ruptcy case that "egins "y filing a complaint %ith the court, that is, a'trial' that ta&es place %ithin the contet of a "an&ruptcy case.

Affidavit

A %ritten or printed statement made under oath.

Affirmed

n the practice of the court of appeals, it means that the court of appeals has concluded that the lo%er courtdecision is correct and %ill stand as rendered "y the lo%er court.

Alternate juror

A juror selected in the same manner as a regular juror %ho hears all the evidence "ut does not help decidethe case unless called on to replace a regular juror.

Alternative dispute resolution (A*+)

A procedure for settling a dispute outside the courtroom. ost forms of A*+ are not "inding, and involvereferral of the case to a neutral party such as an ar"itrator or mediator.

Amicus curiae

atin for 'friend of the court.' t is advice formally offered to the court in a "rief filed "y an entityinterested in, "ut not a party to, the case.

Ans%er

!he formal %ritten statement "y a defendant in a civil case that responds to a complaint, articulating thegrounds for defense.



Appeal

A request made after a trial "y a party that has lost on one or more issues that a higher court revie% thedecision to determine if it %as correct. !o ma&e such a request is 'to appeal' or 'to ta&e an appeal.' One%ho appeals is called the 'appellant' the other party is the 'appellee.'

Appellant

!he party %ho appeals a district court#s decision, usually see&ing reversal of that decision.

Appellate

A"out appeals an appellate court has the po%er to revie% the judgment of a lo%er court (trial court) ortri"unal. /or eample, the U.. circuit courts of appeals revie% the decisions of the U.. district courts.

Appellee

!he party %ho opposes an appellant#s appeal, and %ho see&s to persuade the appeals court to affirm thedistrict court#s decision.

Arraignment

A proceeding in %hich a criminal defendant is "rought into court, told of the charges in an indictment orinformation, and as&ed to plead guilty or not guilty.

Article judge

A federal judge %ho is appointed for life, during 'good "ehavior,' under Article of the Constitution.Article judges are nominated "y the 0resident and confirmed "y the enate.

Assets

0roperty of all &inds, including real and personal, tangi"le and intangi"le.

Assume

An agreement to continue performing duties under a contract or lease.

Automatic stay

An injunction that automatically stops la%suits, foreclosures, garnishments, and most collection activitiesagainst the de"tor the moment a "an&ruptcy petition is filed.

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1ail

!he release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person#s appearance in court %hen required. Also can refer to the amount of "ond money posted as afinancial condition of pretrial release.

1an&ruptcy

A legal procedure for dealing %ith de"t pro"lems of individuals and "usinesses specifically, a case filedunder one of the chapters of title 22 of the United tates Code (the 1an&ruptcy Code).



1an&ruptcy administrator

An officer of the $udiciary serving in the judicial districts of Ala"ama and 3orth Carolina %ho, li&e theUnited tates trustee, is responsi"le for supervising the administration of "an&ruptcy cases, estates, andtrustees monitoring plans and disclosure statements monitoring creditors# committees monitoring feeapplications and performing other statutory duties.

1an&ruptcy code

!he informal name for title 22 of the United tates Code (22 U..C. 44 252-2665), the federal "an&ruptcyla%.

1an&ruptcy court

!he "an&ruptcy judges in regular active service in each district a unit of the district court.

1an&ruptcy estate

All interests of the de"tor in property at the time of the "an&ruptcy filing. !he estate technically "ecomes

the temporary legal o%ner of all of the de"tor#s property.

1an&ruptcy judge

A judicial officer of the United tates district court %ho is the court official %ith decision-ma&ing po%erover federal "an&ruptcy cases.

1an&ruptcy petition

A formal request for the protection of the federal "an&ruptcy la%s. (!here is an official form for "an&ruptcy petitions.)

1an&ruptcy trustee

A private individual or corporation appointed in all Chapter 7 and Chapter 26 cases to represent theinterests of the "an&ruptcy estate and the de"tor#s creditors.

1ench trial

A trial %ithout a jury, in %hich the judge serves as the fact-finder.

1rief

A %ritten statement su"mitted in a trial or appellate proceeding that eplains one side#s legal and factualarguments.

1urden of proof

!he duty to prove disputed facts. n civil cases, a plaintiff generally has the "urden of proving his or hercase. n criminal cases, the government has the "urden of proving the defendant#s guilt. (ee standard of proof.)

1usiness "an&ruptcy

A "an&ruptcy case in %hich the de"tor is a "usiness or an individual involved in "usiness and the de"ts arefor "usiness purposes.



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Capital offense

A crime punisha"le "y death.

Case file

A complete collection of every document filed in court in a case.

Case la%

!he la% as esta"lished in previous court decisions. A synonym for legal precedent. A&in to common la%,%hich springs from tradition and judicial decisions.

Caseload

!he num"er of cases handled "y a judge or a court.

Cause of action

A legal claim.

Cham"ers

!he offices of a judge and his or her staff.

Chapter 7

!he chapter of the 1an&ruptcy Code providing for 'liquidation,' that is, the sale of a de"tor#s noneempt property and the distri"ution of the proceeds to creditors. n order to "e eligi"le for Chapter 7, the de"tor

must satisfy a 'means test.' !he court %ill evaluate the de"tor#s income and epenses to determine if thede"tor may proceed under Chapter 7.

Chapter 7 trustee

A person appointed in a Chapter 7 case to represent the interests of the "an&ruptcy estate and the creditors.!he trustee#s responsi"ilities include revie%ing the de"tor#s petition and schedules, liquidating the propertyof the estate, and ma&ing distri"utions to creditors. !he trustee may also "ring actions against creditors orthe de"tor to recover property of the "an&ruptcy estate.

Chapter 8

!he chapter of the 1an&ruptcy Code providing for reorgani9ation of municipalities (%hich includes cities

and to%ns, as %ell as villages, counties, taing districts, municipal utilities, and school districts).

Chapter 22

A reorgani9ation "an&ruptcy, usually involving a corporation or partnership. A Chapter 22 de"tor usually proposes a plan of reorgani9ation to &eep its "usiness alive and pay creditors over time. ndividuals or people in "usiness can also see& relief in Chapter 22.

Chapter 2:



!he chapter of the 1an&ruptcy Code providing for adjustment of de"ts of a 'family farmer' or 'familyfisherman,' as the terms are defined in the 1an&ruptcy Code.

Chapter 26

!he chapter of the 1an&ruptcy Code providing for the adjustment of de"ts of an individual %ith regularincome, often referred to as a '%age-earner' plan. Chapter 26 allo%s a de"tor to &eep property and use hisor her disposa"le income to pay de"ts over time, usually three to five years.

Chapter 26 trustee

A person appointed to administer a Chapter 26 case. A Chapter 26 trustee#s responsi"ilities are similar tothose of a Chapter 7 trustee ho%ever, a Chapter 26 trustee has the additional responsi"ilities of overseeingthe de"tor#s plan, receiving payments from de"tors, and dis"ursing plan payments to creditors.

Chapter 2;

!he chapter of the 1an&ruptcy Code dealing %ith cases of cross-"order insolvency.

Chief judge

!he judge %ho has primary responsi"ility for the administration of a court chief judges are determined "yseniority.

Claim

A creditor#s assertion of a right to payment from a de"tor or the de"tor#s property.

Class action

A la%suit in %hich one or more mem"ers of a large group, or class, of individuals or other entities sue on "ehalf of the entire class. !he district court must find that the claims of the class mem"ers contain questionsof la% or fact in common "efore the la%suit can proceed as a class action.

Cler& of court

!he court officer %ho oversees administrative functions, especially managing the flo% of cases through thecourt. !he cler&#s office is often called a court#s central nervous system.

Collateral

0roperty that is promised as security for the satisfaction of a de"t.

Common la%

!he legal system that originated in <ngland and is no% in use in the United tates, %hich relies on the

articulation of legal principles in a historical succession of judicial decisions. Common la% principles can "e changed "y legislation.

Community service

A special condition the court imposes that requires an individual to %or& = %ithout pay = for a civic ornonprofit organi9ation.

Complaint



A %ritten statement that "egins a civil la%suit, in %hich the plaintiff details the claims against thedefendant.

Concurrent sentence

0rison terms for t%o or more offenses to "e served at the same time, rather than one after the other.<ample> !%o five-year sentences and one three-year sentence, if served concurrently, result in a maimumof five years "ehind "ars.

Confirmation

Approval of a plan of reorgani9ation "y a "an&ruptcy judge.

Consecutive sentence

0rison terms for t%o or more offenses to "e served one after the other. <ample> !%o five-year sentencesand one three-year sentence, if served consecutively, result in a maimum of 26 years "ehind "ars.

Consumer "an&ruptcy

A "an&ruptcy case filed to reduce or eliminate de"ts that are primarily consumer de"ts.

Consumer de"ts

*e"ts incurred for personal, as opposed to "usiness, needs.

Contingent claim

A claim that may "e o%ed "y the de"tor under certain circumstances, e.g., %here the de"tor is a cosigner onanother person#s loan and that person fails to pay.

Contract

An agreement "et%een t%o or more people that creates an o"ligation to do or not to do a particular thing.

Conviction

A judgment of guilt against a criminal defendant.

Counsel

egal advice a term also used to refer to the la%yers in a case.

Court

?overnment entity authori9ed to resolve legal disputes. $udges sometimes use 'court' to refer to

themselves in the third person, as in 'the court has read the "riefs.'

Court reporter

A person %ho ma&es a %ord-for-%ord record of %hat is said in court, generally "y using a stenographicmachine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

Count

An allegation in an indictment or information, charging a defendant %ith a crime. An indictment or



information may contain allegations that the defendant committed more than one crime. <ach allegation isreferred to as a count.

Creditor

A person to %hom or "usiness to %hich the de"tor o%es money or that claims to "e o%ed money "y thede"tor.

Credit counseling

?enerally refers to t%o events in individual "an&ruptcy cases> (2) the 'individual or group "riefing' from anonprofit "udget and credit counseling agency that individual de"tors must attend prior to filing under anychapter of the 1an&ruptcy Code and (:) the 'instructional course in personal financial management' inchapters 7 and 26 that an individual de"tor must complete "efore a discharge is entered. !here areeceptions to "oth requirements for certain categories of de"tors, eigent circumstances, or if the U..trustee or "an&ruptcy administrator have determined that there are insufficient approved credit counselingagencies availa"le to provide the necessary counseling.

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*amages

oney that a defendant pays a plaintiff in a civil case if the plaintiff has %on. *amages may "ecompensatory (for loss or injury) or punitive (to punish and deter future misconduct).

*e"tor

A person %ho has filed a petition for relief under the 1an&ruptcy Code.

*efendant

An individual (or "usiness) against %hom a la%suit is filed.

*e"tor#s plan

A de"tor#s detailed description of ho% the de"tor proposes to pay creditors# claims over a fied period oftime.

*eclaratory judgment

A judge#s statement a"out someone#s rights. /or eample, a plaintiff may see& a declaratory judgment that a particular statute, as %ritten, violates some constitutional right.

*e facto

atin, meaning 'in fact' or 'actually.' omething that eists in fact "ut not as a matter of la%.

*efault judgment

A judgment a%arding a plaintiff the relief sought in the complaint "ecause the defendant has failed toappear in court or other%ise respond to the complaint.

*efendant

n a civil case, the person or organi9ation against %hom the plaintiff "rings suit in a criminal case, the



person accused of the crime.

*e jure

atin, meaning 'in la%.' omething that eists "y operation of la%.

*e novo

atin, meaning 'ane%.' A trial de novo is a completely ne% trial. Appellate revie% de novo implies nodeference to the trial judge#s ruling.

*eposition

An oral statement made "efore an officer authori9ed "y la% to administer oaths. uch statements are oftenta&en to eamine potential %itnesses, to o"tain discovery, or to "e used later in trial. ee discovery.

*ischarge

A release of a de"tor from personal lia"ility for certain dischargea"le de"ts. 3ota"le eceptions todischargea"ility are taes and student loans. A discharge releases a de"tor from personal lia"ility for certain

de"ts &no%n as dischargea"le de"ts and prevents the creditors o%ed those de"ts from ta&ing any actionagainst the de"tor or the de"tor#s property to collect the de"ts. !he discharge also prohi"its creditors fromcommunicating %ith the de"tor regarding the de"t, including through telephone calls, letters, and personalcontact.

*ischargea"le de"t

A de"t for %hich the 1an&ruptcy Code allo%s the de"tor#s personal lia"ility to "e eliminated.

*isclosure statement

A %ritten document prepared "y the chapter 22 de"tor or other plan proponent that is designed to provide'adequate information' to creditors to ena"le them to evaluate the chapter 22 plan of reorgani9ation.

*iscovery

0rocedures used to o"tain disclosure of evidence "efore trial.

*ismissal %ith prejudice

Court action that prevents an identical la%suit from "eing filed later.

*ismissal %ithout prejudice

Court action that allo%s the later filing.

*isposa"le income

ncome not reasona"ly necessary for the maintenance or support of the de"tor or dependents. f the de"toroperates a "usiness, disposa"le income is defined as those amounts over and a"ove %hat is necessary forthe payment of ordinary operating epenses.

*oc&et

A log containing the complete history of each case in the form of "rief chronological entries summari9ingthe court proceedings.



*ue process

n criminal la%, the constitutional guarantee that a defendant %ill receive a fair and impartial trial. n civilla%, the legal rights of someone %ho confronts an adverse action threatening li"erty or property.

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<n "anc

/rench, meaning 'on the "ench.' All judges of an appellate court sitting together to hear a case, as opposedto the routine disposition "y panels of three judges. n the 3inth Circuit, an en "anc panel consists of 22randomly selected judges.

<quita"le

0ertaining to civil suits in 'equity' rather than in 'la%.' n <nglish legal history, the courts of 'la%' couldorder the payment of damages and could afford no other remedy (see damages). A separate court of'equity' could order someone to do something or to cease to do something (e.g., injunction). n American

jurisprudence, the federal courts have "oth legal and equita"le po%er, "ut the distinction is still animportant one. /or eample, a trial "y jury is normally availa"le in 'la%' cases "ut not in 'equity' cases.

<quity

!he value of a de"tor#s interest in property that remains after liens and other creditors# interests areconsidered. (<ample> f a house valued at @5,555 is su"ject to a @65,555 mortgage, there is @65,555 ofequity.)

<vidence

nformation presented in testimony or in documents that is used to persuade the fact finder (judge or jury)to decide the case in favor of one side or the other.

<clusionary rule

*octrine that says evidence o"tained in violation of a criminal defendant#s constitutional or statutory rightsis not admissi"le at trial.

<culpatory evidence

<vidence indicating that a defendant did not commit the crime.

<ecutory contracts

Contracts or leases under %hich "oth parties to the agreement have duties remaining to "e performed. f a

contract or lease is eecutory, a de"tor may assume it (&eep the contract) or reject it (terminate thecontract).

<empt assets

0roperty that a de"tor is allo%ed to retain, free from the claims of creditors %ho do not have liens on the property.

<emptions, eempt property



Certain property o%ned "y an individual de"tor that the 1an&ruptcy Code or applica"le state la% permitsthe de"tor to &eep from unsecured creditors. /or eample, in some states the de"tor may "e a"le to eemptall or a portion of the equity in the de"tor#s primary residence (homestead eemption), or some or all 'toolsof the trade' used "y the de"tor to ma&e a living (i.e., auto tools for an auto mechanic or dental tools for adentist). !he availa"ility and amount of property the de"tor may eempt depends on the state the de"torlives in.

< parte

A proceeding "rought "efore a court "y one party only, %ithout notice to or challenge "y the other side.

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/ace sheet filing

A "an&ruptcy case filed either %ithout schedules or %ith incomplete schedules listing fe% creditors andde"ts. (/ace sheet filings are often made for the purpose of delaying an eviction or foreclosure.)

/amily farmer

An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meetscertain de"t limits and other statutory criteria for filing a petition under Chapter 2:.

/ederal pu"lic defender

An attorney employed "y the federal courts on a full-time "asis to provide legal defense to defendants %hoare una"le to afford counsel. !he judiciary administers the federal defender program pursuant to theCriminal $ustice Act.

/ederal pu"lic defender organi9ation

As provided for in the Criminal $ustice Act, an organi9ation esta"lished %ithin a federal judicial circuit to

represent criminal defendants %ho cannot afford an adequate defense. <ach organi9ation is supervised "y afederal pu"lic defender appointed "y the court of appeals for the circuit.

/ederal question jurisdiction

$urisdiction given to federal courts in cases involving the interpretation and application of the U..Constitution, acts of Congress, and treaties.

/elony

A serious crime, usually punisha"le "y at least one year in prison.

/ile

!o place a paper in the official custody of the cler& of court to enter into the files or records of a case.

/raudulent transfer

A transfer of a de"tor#s property made %ith intent to defraud or for %hich the de"tor receives less than thetransferred property#s value.

/resh start



!he characteri9ation of a de"tor#s status after "an&ruptcy, i.e., free of most de"ts. (?iving de"tors a freshstart is one purpose of the 1an&ruptcy Code.)

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?rand jury

A "ody of 2-:6 citi9ens %ho listen to evidence of criminal allegations, %hich is presented "y the prosecutors, and determine %hether there is pro"a"le cause to "elieve an individual committed an offense.ee also indictment and U.. attorney.

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Ba"eas corpus

atin, meaning 'you have the "ody.' A %rit of ha"eas corpus generally is a judicial order forcing la%enforcement authorities to produce a prisoner they are holding, and to justify the prisoner#s continuedconfinement. /ederal judges receive petitions for a %rit of ha"eas corpus from state prison inmates %ho say

their state prosecutions violated federally protected rights in some %ay.

Bearsay

<vidence presented "y a %itness %ho did not see or hear the incident in question "ut heard a"out it fromsomeone else. ith some eceptions, hearsay generally is not admissi"le as evidence at trial.

Bome confinement

A special condition the court imposes that requires an individual to remain at home ecept for certainapproved activities such as %or& and medical appointments. Bome confinement may include the use ofelectronic monitoring equipment = a transmitter attached to the %rist or the an&le = to help ensure that the person stays at home as required.

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mpeachment

2. !he process of calling a %itness#s testimony into dou"t. /or eample, if the attorney can sho% that the%itness may have fa"ricated portions of his testimony, the %itness is said to "e 'impeached' :. !heconstitutional process %here"y the Bouse of +epresentatives may 'impeach' (accuse of misconduct) highofficers of the federal government, %ho are then tried "y the enate.

n camera

atin, meaning in a judge#s cham"ers. Often means outside the presence of a jury and the pu"lic. n private.

nculpatory evidence

<vidence indicating that a defendant did commit the crime.

ndictment

!he formal charge issued "y a grand jury stating that there is enough evidence that the defendantcommitted the crime to justify having a trial it is used primarily for felonies. ee also information.



n forma pauperis

'n the manner of a pauper.' 0ermission given "y the court to a person to file a case %ithout payment of therequired court fees "ecause the person cannot pay them.

nformation

A formal accusation "y a government attorney that the defendant committed a misdemeanor. ee alsoindictment.

njunction

A court order preventing one or more named parties from ta&ing some action. A preliminary injunctionoften is issued to allo% fact-finding, so a judge can determine %hether a permanent injunction is justified.

nsider (of corporate de"tor)

A director, officer, or person in control of the de"tor a partnership in %hich the de"tor is a general partnera general partner of the de"tor or a relative of a general partner, director, officer, or person in control of the

de"tor.

nsider (of individual de"tor)

Any relative of the de"tor or of a general partner of the de"tor partnership in%hich the de"tor is a general partner general partner of the de"tor or corporation of %hich the de"tor is a director, officer, or person incontrol.

nterrogatories

A form of discovery consisting of %ritten questions to "e ans%ered in %riting and under oath.

ssue

2. !he disputed point "et%een parties in a la%suit :. !o send out officially, as in a court issuing an order.

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$oint administration

A court-approved mechanism under %hich t%o or more cases can "e administered together. (Assuming noconflicts of interest, these separate "usinesses or individuals can pool their resources, hire the same professionals, etc.)

$oint petition

One "an&ruptcy petition filed "y a hus"and and %ife together.

$udge

An official of the $udicial "ranch %ith authority to decide la%suits "rought "efore courts. Used generically,the term judge may also refer to all judicial officers, including upreme Court justices.

$udgeship



!he position of judge. 1y statute, Congress authori9es the num"er of judgeships for each district andappellate court.

$udgment

!he official decision of a court finally resolving the dispute "et%een the parties to the la%suit.

$udicial Conference of the United tates

!he policy-ma&ing entity for the federal court system. A :7-judge "ody %hose presiding officer is the Chief $ustice of the United tates.

$urisdiction

!he legal authority of a court to hear and decide a certain type of case. t also is used as a synonym forvenue, meaning the geographic area over %hich the court has territorial jurisdiction to decide cases.

$urisprudence

!he study of la% and the structure of the legal system.

$ury

!he group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. ee alsogrand jury.

$ury instructions

A judge#s directions to the jury "efore it "egins deli"erations regarding the factual questions it must ans%erand the legal rules that it must apply.

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a%suit

A legal action started "y a plaintiff against a defendant "ased on a complaint that the defendant failed to perform a legal duty %hich resulted in harm to the plaintiff.

ien

A charge on specific property that is designed to secure payment of a de"t or performance of an o"ligation.A de"tor may still "e responsi"le for a lien after a discharge.

itigation

A case, controversy, or la%suit. 0articipants (plaintiffs and defendants) in la%suits are called litigants.

iquidation

!he sale of a de"tor#s property %ith the proceeds to "e used for the "enefit of creditors.

iquidated claim



A creditor#s claim for a fied amount of money.


agistrate judge

A judicial officer of a district court %ho conducts initial proceedings in criminal cases, decides criminalmisdemeanor cases, conducts many pretrial civil and criminal matters on "ehalf of district judges, anddecides civil cases %ith the consent of the parties.

eans test

ection 757(")(:) of the 1an&ruptcy Code applies a 'means test' to determine %hether an individualde"tor#s chapter 7 filing is presumed to "e an a"use of the 1an&ruptcy Code requiring dismissal orconversion of the case (generally to chapter 26). A"use is presumed if the de"tor#s aggregate currentmonthly income (see definition a"ove) over ; years, net of certain statutorily allo%ed epenses is more than(i) @25,555, or (ii) :;E of the de"tor#s nonpriority unsecured de"t, as long as that amount is at least @,555.!he de"tor may re"ut a presumption of a"use only "y a sho%ing of special circumstances that justify

additional epenses or adjustments of current monthly income.

ental health treatment

pecial condition the court imposes to require an individual to undergo evaluation and treatment for amental disorder. !reatment may include psychiatric, psychological, and se offense-specific evaluations,inpatient or outpatient counseling, and medication.

isdemeanor

An offense punisha"le "y one year of imprisonment or less. ee also felony.

istrial

An invalid trial, caused "y fundamental error. hen a mistrial is declared, the trial must start again %ith theselection of a ne% jury.

oot

3ot su"ject to a court ruling "ecause the controversy has not actually arisen, or has ended.

otion

A request "y a litigant to a judge for a decision on an issue relating to the case.

otion to lift the automatic stay

A request "y a creditor to allo% the creditor to ta&e action against the de"tor or the de"tor#s property that%ould other%ise "e prohi"ited "y the automatic stay.

otion in imine

A pretrial motion requesting the court to prohi"it the other side from presenting, or even referring to,evidence on matters said to "e so highly prejudicial that no steps ta&en "y the judge can prevent the juryfrom "eing unduly influenced.



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3o-asset case

A Chapter 7 case in %hich there are no assets availa"le to satisfy any portion of the creditors# unsecuredclaims.

3olo contendere

3o contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentenceis concerned, "ut may not "e considered as an admission of guilt for any other purpose.

3ondischargea"le de"t

A de"t that cannot "e eliminated in "an&ruptcy. <amples include a home mortgage, de"ts for alimony orchild support, certain taes, de"ts for most government funded or guaranteed educational loans or "enefitoverpayments, de"ts arising from death or personal injury caused "y driving %hile intoicated or under theinfluence of drugs, and de"ts for restitution or a criminal fine included in a sentence on the de"tor#sconviction of a crime. ome de"ts, such as de"ts for money or property o"tained "y false pretenses and

de"ts for fraud or defalcation %hile acting in a fiduciary capacity may "e declared nondischargea"le only ifa creditor timely files and prevails in a nondischargea"ility action.

3oneempt assets

0roperty of a de"tor that can "e liquidated to satisfy claims of creditors.

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O"jection to dischargea"ility

A trustee#s or creditor#s o"jection to the de"tor "eing released from personal lia"ility for certain

dischargea"le de"ts. Common reasons include allegations that the de"t to "e discharged %as incurred "yfalse pretenses or that de"t arose "ecause of the de"tor#s fraud %hile acting as a fiduciary.

O"jection to eemptions

A trustee#s or creditor#s o"jection to the de"tor#s attempt to claim certain property as eempt fromliquidation "y the trustee to creditors.

Opinion

A judge#s %ritten eplanation of the decision of the court. 1ecause a case may "e heard "y three or more judges in the court of appeals, the opinion in appellate decisions can ta&e several forms. f all the judgescompletely agree on the result, one judge %ill %rite the opinion for all. f all the judges do not agree, the

formal decision %ill "e "ased upon the vie% of the majority, and one mem"er of the majority %ill %rite theopinion. !he judges %ho did not agree %ith the majority may %rite separately in dissenting or concurringopinions to present their vie%s. A dissenting opinion disagrees %ith the majority opinion "ecause of thereasoning andFor the principles of la% the majority used to decide the case. A concurring opinion agrees%ith the decision of the majority opinion, "ut offers further comment or clarification or even an entirelydifferent reason for reaching the same result. Only the majority opinion can serve as "inding precedent infuture cases. ee also precedent.

Oral argument



An opportunity for la%yers to summari9e their position "efore the court and also to ans%er the judges#questions.

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0anel

2. n appellate cases, a group of judges (usually three) assigned to decide the case :. n the jury selection process, the group of potential jurors 6. !he list of attorneys %ho are "oth availa"le and qualified to serveas court-appointed counsel for criminal defendants %ho cannot afford their o%n counsel.

0arole

!he release of a prison inmate = granted "y the U.. 0arole Commission = after the inmate has completed part of his or her sentence in a federal prison. hen the parolee is released to the community, he or she is placed under the supervision of a U.. pro"ation officer.

!he entencing +eform Act of 28GH a"olished parole in favor of a determinate sentencing system in %hichthe sentence is set "y sentencing guidelines. 3o%, %ithout the option of parole, the term of imprisonment

the court imposes is the actual time the person spends in prison.

0arty in interest

A party %ho has standing to "e heard "y the court in a matter to "e decided in the "an&ruptcy case. !hede"tor, U.. trustee or "an&ruptcy administrator, case trustee, and creditors are parties in interest for mostmatters.

0etition preparer

A "usiness not authori9ed to practice la% that prepares "an&ruptcy petitions.

0er curiam

atin, meaning 'for the court.' n appellate courts, often refers to an unsigned opinion.

0eremptory challenge

A district court may grant each side in a civil or criminal trial the right to eclude a certain num"er of prospective jurors %ithout cause or giving a reason.

0etit jury (or trial jury)

A group of citi9ens %ho hear the evidence presented "y "oth sides at trial and determine the facts indispute. /ederal criminal juries consist of 2: persons. /ederal civil juries consist of at least si persons.

0etition

!he document that initiates the filing of a "an&ruptcy proceeding, setting forth "asic information regardingthe de"tor, including name, address, chapter under %hich the case is filed, and estimated amount of assetsand lia"ilities.

0etty offense

A federal misdemeanor punisha"le "y si months or less in prison.



0laintiff

A person or "usiness that files a formal complaint %ith the court.

0lan

A de"tor#s detailed description of ho% the de"tor proposes to pay creditors# claims over a fied period oftime.

0lea

n a criminal case, the defendant#s statement pleading 'guilty' or 'not guilty' in ans%er to the charges. eealso nolo contendere.

0leadings

ritten statements filed %ith the court that descri"e a party#s legal or factual assertions a"out the case.

0ostpetition transfer

A transfer of the de"tor#s property made after the commencement of the case.

0re"an&ruptcy planning

!he arrangement (or rearrangement) of a de"tor#s property to allo% the de"tor to ta&e maimum advantageof eemptions. (0re"an&ruptcy planning typically includes converting noneempt assets into eemptassets.)

0recedent

A court decision in an earlier case %ith facts and legal issues similar to a dispute currently "efore a court.$udges %ill generally 'follo% precedent' - meaning that they use the principles esta"lished in earlier casesto decide ne% cases that have similar facts and raise similar legal issues. A judge %ill disregard precedent if

a party can sho% that the earlier case %as %rongly decided, or that it differed in some significant %ay fromthe current case.

0referential de"t payment

A de"t payment made to a creditor in the 85-day period "efore a de"tor files "an&ruptcy (or %ithin one year if the creditor %as an insider) that gives the creditor more than the creditor %ould receive in the de"tor#schapter 7 case.

0resentence report

A report prepared "y a court#s pro"ation officer, after a person has "een convicted of an offense,summari9ing for the court the "ac&ground information needed to determine the appropriate sentence.

0retrial conference

A meeting of the judge and la%yers to plan the trial, to discuss %hich matters should "e presented to the jury, to revie% proposed evidence and %itnesses, and to set a trial schedule. !ypically, the judge and the parties also discuss the possi"ility of settlement of the case.

0retrial services

A function of the federal courts that ta&es place at the very start of the criminal justice process = after a



person has "een arrested and charged %ith a federal crime and "efore he or she goes to trial. 0retrialservices officers focus on investigating the "ac&grounds of these persons to help the court determine%hether to release or detain them %hile they a%ait trial. !he decision is "ased on %hether these individualsare li&ely to flee or pose a threat to the community. f the court orders release, a pretrial services officersupervises the person in the community until he or she returns to court.

0riority

!he 1an&ruptcy Code#s statutory ran&ing of unsecured claims that determines the order in %hich unsecuredclaims %ill "e paid if there is not enough money to pay all unsecured claims in full.

0riority claim

An unsecured claim that is entitled to "e paid ahead of other unsecured claims that are not entitled to priority status. 0riority refers to the order in %hich these unsecured claims are to "e paid.

0ro"ation

entencing option in the federal courts. ith pro"ation, instead of sending an individual to prison, the courtreleases the person to the community and orders him or her to complete a period of supervision monitored

"y a U.. pro"ation officer and to a"ide "y certain conditions.

0ro"ation officer

Officers of the pro"ation office of a court. 0ro"ation officer duties include conducting presentenceinvestigations, preparing presentence reports on convicted defendants, and supervising released defendants.

0rocedure

!he rules for conducting a la%suit there are rules of civil procedure, criminal procedure, evidence, "an&ruptcy, and appellate procedure.

0roof of claim

A %ritten statement descri"ing the reason a de"tor o%es a creditor money, %hich typically sets forth theamount of money o%ed. (!here is an official form for this purpose.)

0ro per

A slang epression sometimes used to refer to a pro se litigant. t is a corruption of the atin phrase 'in propria persona.'

0roperty of the estate

All legal or equita"le interests of the de"tor in property as of the commencement of the case.

0ro se

+epresenting oneself. erving as one#s o%n la%yer.

0rosecute

!o charge someone %ith a crime. A prosecutor tries a criminal case on "ehalf of the government.

0ro tem



!emporary.

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+eaffirmation agreement

An agreement "y a de"tor to continue paying a dischargea"le de"t after the "an&ruptcy, usually for the purpose of &eeping collateral or mortgaged property that %ould other%ise "e su"ject to repossession.

+ecord

A %ritten account of the proceedings in a case, including all pleadings, evidence, and ehi"its su"mitted inthe course of the case.

+edemption

A procedure in a Chapter 7 case %here"y a de"tor removes a secured creditor#s lien on collateral "y payingthe creditor the value of the property. !he de"tor may then retain the property.

+emand

end "ac&.

+everse

!he act of a court setting aside the decision of a lo%er court. A reversal is often accompanied "y a remandto the lo%er court for further proceedings.

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anction

A penalty or other type of enforcement used to "ring a"out compliance %ith the la% or %ith rules andregulations.

chedules

ists su"mitted "y the de"tor along %ith the petition (or shortly thereafter) sho%ing the de"tor#s assets,lia"ilities, and other financial information. (!here are official forms a de"tor must use.)

ecured creditor

A secured creditor is an individual or "usiness that holds a claim against the de"tor that is secured "y a lienon property of the estate. !he property su"ject to the lien is the secured creditor#s collateral.

ecured de"t

*e"t "ac&ed "y a mortgage, pledge of collateral, or other lien de"t for %hich the creditor has the right to pursue specific pledged property upon default. <amples include home mortgages, auto loans and ta liens.

enior judge



A federal judge %ho, after attaining the requisite age and length of judicial eperience, ta&es senior status,thus creating a vacancy among a court#s active judges. A senior judge retains the judicial office and may cut "ac& his or her %or&load "y as much as 7; percent, "ut many opt to &eep a larger caseload.

entence

!he punishment ordered "y a court for a defendant convicted of a crime.

entencing guidelines

A set of rules and principles esta"lished "y the United tates entencing Commission that trial judges useto determine the sentence for a convicted defendant.

ervice of process

!he delivery of %rits or summonses to the appropriate party.

ettlement

0arties to a la%suit resolve their dispute %ithout having a trial. ettlements often involve the payment ofcompensation "y one party in at least partial satisfaction of the other party#s claims, "ut usually do notinclude the admission of fault.

equester

!o separate. ometimes juries are sequestered from outside influences during their deli"erations.

mall "usiness case

A special type of chapter 22 case in %hich there is no creditors# committee (or the creditors# committee isdeemed inactive "y the court) and in %hich the de"tor is su"ject to more oversight "y the U.. trustee thanother chapter 22 de"tors. !he 1an&ruptcy Code contains certain provisions designed to reduce the time a

small "usiness de"tor is in "an&ruptcy.

tatement of financial affairs

A series of questions the de"tor must ans%er in %riting concerning sources of income, transfers of property,la%suits "y creditors, etc. (!here is an official form a de"tor must use.)

tatement of intention

A declaration made "y a chapter 7 de"tor concerning plans for dealing %ith consumer de"ts that are secured "y property of the estate.

tandard of proof

*egree of proof required. n criminal cases, prosecutors must prove a defendant#s guilt '"eyond areasona"le dou"t.' !he majority of civil la%suits require proof '"y a preponderance of the evidence' (;5 percent plus), "ut in some the standard is higher and requires 'clear and convincing' proof.

tatute

A la% passed "y a legislature.

tatute of limitations



!he time %ithin %hich a la%suit must "e filed or a criminal prosecution "egun. !he deadline can vary,depending on the type of civil case or the crime charged.

ua sponte

atin, meaning 'of its o%n %ill.' Often refers to a court ta&ing an action in a case %ithout "eing as&ed to doso "y either side.

u"ordination

!he act or process "y %hich a person#s rights or claims are ran&ed "elo% those of others.

u"poena

A command, issued under a court#s authority, to a %itness to appear and give testimony.

u"poena duces tecum

A command to a %itness to appear and produce documents.

u"stance a"use treatment

A special condition the court imposes that requires an individual to undergo testing and treatment for a"useof illegal drugs, prescription drugs, or alcohol. !reatment may include inpatient or outpatient counselingand detoification.

u"stantial a"use

!he characteri9ation of a "an&ruptcy case filed "y an individual %hose de"ts are primarily consumer de"ts%here the court finds that the granting of relief %ould "e an a"use of chapter 7 "ecause, for eample, thede"tor can pay its de"ts.

u"stantive consolidation

0utting the assets and lia"ilities of t%o or more related de"tors into a single pool to pay creditors. (Courtsare reluctant to allo% su"stantive consolidation since the action must not only justify the "enefit that one setof creditors receives, "ut also the harm that other creditors suffer as a result.)

ummary judgment

A decision made on the "asis of statements and evidence presented for the record %ithout a trial. t is used%hen it is not necessary to resolve any factual disputes in the case. ummary judgment is granted %hen =on the undisputed facts in the record = one party is entitled to judgment as a matter of la%.

upervised release

!erm of supervision served after a person is released from prison. !he court imposes supervised releaseduring sentencing in addition to the sentence of imprisonment. Unli&e parole, supervised release does notreplace a portion of the sentence of imprisonment "ut is in addition to the time spent in prison. U.. pro"ation officers supervise people on supervised release.

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!emporary restraining order



A&in to a preliminary injunction, it is a judge#s short-term order for"idding certain actions until a fullhearing can "e conducted. Often referred to as a !+O.

!estimony

<vidence presented orally "y %itnesses during trials or "efore grand juries.

!oll

ee statute of limitations.

!ort

A civil, not criminal, %rong. A negligent or intentional injury against a person or property, %ith theeception of "reach of contract.

!ransfer

Any mode or means "y %hich a de"tor disposes of or parts %ith hisFher property.

!ranscript

A %ritten, %ord-for-%ord record of %hat %as said, either in a proceeding such as a trial, or during someother formal conversation, such as a hearing or oral deposition.

!rustee

!he representative of the "an&ruptcy estate %ho eercises statutory po%ers, principally for the "enefit ofthe unsecured creditors, under the general supervision of the court and the direct supervision of the U..trustee or "an&ruptcy administrator. !he trustee is a private individual or corporation appointed in allchapter 7, chapter 2:, and chapter 26 cases and some chapter 22 cases. !he trustee#s responsi"ilities includerevie%ing the de"tor#s petition and schedules and "ringing actions against creditors or the de"tor to recover

property of the "an&ruptcy estate. n chapter 7, the trustee liquidates property of the estate, and ma&esdistri"utions to creditors. !rustees in chapter 2: and 26 have similar duties to a chapter 7 trustee and theadditional responsi"ilities of overseeing the de"tor#s plan, receiving payments from de"tors, and dis"ursing plan payments to creditors.

!yping service

A "usiness not authori9ed to practice la% that prepares "an&ruptcy petitions.

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U.. attorney

A la%yer appointed "y the 0resident in each judicial district to prosecute and defend cases for the federalgovernment. !he U.. Attorney employs a staff of Assistant U.. Attorneys %ho appear as the government#sattorneys in individual cases.

U.. trustee

An officer of the U.. *epartment of $ustice responsi"le for supervising the administration of "an&ruptcycases, estates, and trustees monitoring plans and disclosure statements monitoring creditors# committeesmonitoring fee applications and performing other statutory duties.



Undersecured claim

A de"t secured "y property that is %orth less than the amount of the de"t.

Undue hardship

!he most %idely used test for evaluating undue hardship in the dischargea"ility of a student loan includesthree conditions> (2) the de"tor cannot maintain = "ased on current income and epenses = a minimalstandard of living if forced to repay the loans (:) there are indications that the state of affairs is li&ely to persist for a significant portion of the repayment period and (6) the de"tor made good faith efforts to repaythe loans.

Unla%ful detainer action

A la%suit "rought "y a landlord against a tenant to evict the tenant from rental property = usually fornonpayment of rent.

Unliquidated claim

A claim for %hich a specific value has not "een determined.

Unscheduled de"t

A de"t that should have "een listed "y the de"tor in the schedules filed %ith the court "ut %as not.(*epending on the circumstances, an unscheduled de"t may or may not "e discharged.)

Unsecured claim

A claim or de"t for %hich a creditor holds no special assurance of payment, such as a mortgage or lien ade"t for %hich credit %as etended "ased solely upon the creditor#s assessment of the de"tor#s future a"ilityto pay.

Uphold

!he appellate court agrees %ith the lo%er court decision and allo%s it to stand. ee affirmed.

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Jenue

!he geographic area in %hich a court has jurisdiction. A change of venue is a change or transfer of a casefrom one judicial district to another.

Jerdict

!he decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or thatdetermines the final outcome of a civil case.

Joir dire

$ury selection process of questioning prospective jurors, to ascertain their qualifications and determine any "asis for challenge.

Joluntary transfer



A transfer of a de"tor#s property %ith the de"tor#s consent.


age garnishment

A non"an&ruptcy legal proceeding %here"y a plaintiff or creditor see&s to su"ject to his or her claim thefuture %ages of a de"tor. n other %ords, the creditor see&s to have part of the de"tor#s future %ages paid tothe creditor for a de"t o%ed to the creditor.

arrant

Court authori9ation, most often for la% enforcement officers, to conduct a search or ma&e an arrest.

itness

A person called upon "y either side in a la%suit to give testimony "efore the court or jury.

rit

A %ritten court order directing a person to ta&e, or refrain from ta&ing, a certain act.

rit of certiorari

An order issued "y the U.. upreme Court directing the lo%er court to transmit records for a case %hich it%ill hear on appeal.


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