Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Bankruptcy judges preside over these proceedings; the person with the debts is called the debtor; and the people or companies to whom the debtor owes money to are called creditors.eval(ez_write_tag([[300,250],'myenglishteacher_eu-banner-1','ezslot_11',633,'0','0'])); BATTERY A crime (and the basis for a tort) involving intentional and nonconsensual contact with another person’s body or something attached or considered to be apart of them, including clothing or an umbrella. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. The Most Useful Italian Phrases Every Traveler Should Learn. JAIL A place of confinement, which is smaller than a prison and usually holds persons convicted of misdemeanors or persons awaiting trial. The act or process by which a person's rights or claims are ranked below those of others. A judge in the full-time service of the court. The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required. Caseload . (Giving debtors a fresh start is one purpose of the Bankruptcy Code.). A creditor's assertion of a right to payment from a debtor or the debtor's property. An indictment or information may contain allegations that the defendant committed more than one crime. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. It’s also a common phrase when answering the phone. Tech Republic. The geographic area in which a court has jurisdiction. In private. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case. Government entity authorized to resolve legal disputes. Ab intestato - Having made no will (Legal term) Ab irato - By anger (Legal term - Something which is invalidated, because it was done with unreasonable anger) Ab utraque parte - Of both parties (Legal Term - Gai Institutiones - Common property e.g. A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. More for you: Warrant definition (law) Null and Void Jail vs Prison vs Penitentiary Rule Of Law vs Justice “I feel obliged to tell you” meaning Human Resources Definition and most commonly used Terms … Rule vs Law Formal and Informal Email Phrases. A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary. A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. (There is an official form a debtor must use.). A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Officers of the probation office of a court. A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The debtor may then retain the property. A claim for which a specific value has not been determined. Homicide is broader in scope than murder. Legal terms can be extremely confusing for laypeople, yet lawyers seem to employ them at whim. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court. A form of discovery consisting of written questions to be answered in writing and under oath. A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. ATTORNEY-AT-LAW An advocate, counsel, or official agent employed in preparing, managing and trying cases in court. MOOT A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. To charge someone with a crime. Often referred to as a TRO. Court action that allows the later filing. About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay. To make such a request is "to appeal" or "to take an appeal." Abundans cautela non nocet - Abundant caution does no harm. an island in the middle a river is the common property of the proprietors on both banks) A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular act, either truthfully or faithfully. Arraignment: The first court appearance of a person accused of a crime. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. No contest. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision. A complete collection of every document filed in court in a case. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Here’s our list of essential Italian phrases, organized thematically for different situations that you’ll encounter on your trip. Property of all kinds, including real and personal, tangible and intangible. Lexis Advance automatically interprets many common legal phrases, such as limited liability partnership or summary judgment, as phrases, rather than as individual search terms.However, if you want to be sure a phrase you are searching for is interpreted as a phrase, enclose it in quotation marks. A procedure for settling a dispute outside the courtroom. Please contact us if you would still like further clarity. Typically, the judge and the parties also discuss the possibility of settlement of the case. Shows such as the ever popular Suits, The Practice, Law … The list will contain the most important legal terms in alphabetical order. If you work in customer service, you’ll use this phrase a lot. A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. A negotiation whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. WARRANT Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. By statute, Congress authorizes the number of judgeships for each district and appellate court. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Share. A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. Many legal terms are in Latin. This post is going specialized for lawyers. A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request. Individuals or people in business can also seek relief in Chapter 11. The form of verdict in criminal cases where the judge or jury finds that the prosecution has not proven the defendant to be guilty of a crime beyond a reasonable doubt or that the accused was insane at the time the crime was committed. Evidence presented orally by witnesses during trials or before grand juries. The position of judge. An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. DAMAGES The money awarded by a court to a claimant as compensation or imposed as a punishment for a financial loss or injury to person, property or rights. Examples include home mortgages, auto loans and tax liens. The policy-making entity for the federal court system. The party who files the caveat is known as the caveator. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. A slang expression sometimes used to refer to a pro se litigant. Rules of civil case if the debtor 's property free from the bond of matrimony various. Good behavior, '' under Article III judges are nominated by the Senate with authority to decide the to. 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