Oral argument: an opportunity for lawyers to summarize their position before the court in an appeal and also to respond to questions from judges. Absolution: A sentence according to which the guilt of a criminal defendant has not been proven beyond a reasonable doubt. Approved: Judgment handed down by an appellate court in which the order or order is declared valid and will prevail as decided in the lower court. Alford Declaration: statement by the defendant that allows him to assert his innocence, but allows the court to sentence the defendant without carrying out a trial.
Personal Injury Attorney in Abbeville SC: In addition, it is important for individuals facing criminal charges to seek legal representation from a qualified Personal Injury Attorney in Abbeville SC who can provide guidance and support throughout the legal process. Essentially, the defendant admits that the evidence is sufficient to prove his guilt. This statement is often made for the purpose of negotiating a settlement with the prosecutor on minor charges or a sentence. Accusation: Something that someone says happened. Appeal: A request made after a trial asking another court (usually the appellate court) to decide if the trial was conducted properly.
To submit such a request is to appeal or to file an appeal. Both the plaintiff and the defendant can appeal, and the party that does so is called the appellant. Appeals can be filed for a variety of reasons, such as an incorrect procedure and asking the court to change its interpretation of the law. Appeal: on appeals; an appellate court has the power to review the judgment of another court or lower court.
Accusation of charges: Procedure in which a person accused of committing a crime appears in court, is informed of the charges, and is asked to plead guilty or not guilty. Bankruptcy: refers to statutes and judicial proceedings involving individuals or companies that cannot pay their debts and request the help of the court to start from scratch. Under the protection of the bankruptcy court, debtors can pay off their debts, perhaps paying off a portion of each debt. Bankruptcy judges preside over these proceedings.
Beyond a reasonable doubt: standard required to convict a criminal defendant for a crime. The prosecution must prove guilt so that the jury has no reasonable doubt that the defendant is guilty. Binding precedent: a previous court decision that must be enforced without a compelling reason or without significantly different facts or issues. Courts are often bound by the decisions of appellate courts that have the authority to review their decisions.
For example, district courts are subject to decisions of the appellate court that can review their cases, and all courts, both state and federal, are subject to decisions of the Supreme Court of the United States. Offense punishable by capital punishment: a crime punishable by death. In the federal system, it applies to crimes such as first-degree murder, genocide, and treason. Jurisprudence: the use of court decisions to determine how other laws (such as laws) should be applied in a given situation.
For example, a trial court may use a previous Supreme Court decision that has similar problems. Indictment: The law that the police believe the defendant has broken. Indictment presented to the jury: instructions from the judge to the jury about the law that applies to the facts of the case being tried. Chief Judge: The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
Court Clerk: Official appointed by the court to work with the chief judge in overseeing the administration of the court, especially to help manage the flow of cases in court and maintain court records. Common Law: The legal system that originated in England and is now used in the United States. It is based on court decisions rather than on laws passed by the legislature. Continuation: A judge's decision to postpone the trial until a later date. Contract: An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Counterclaim: A claim that a defendant files against a plaintiff. Often, counterclaims can be brought in the same proceeding as the plaintiff's lawsuits. Court: Government entity authorized to resolve legal disputes. Judges sometimes use the court to refer to themselves in the third person, such as when the court has read the briefs.
Judicial journalist: a person who makes a word-for-word record of what is said in court and produces a transcript of the process if requested. Damages: money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their injuries. Absent judgment: A judgment handed down because the defendant failed to respond or did not appear. Respondent: in a civil lawsuit, the person being sued; in a criminal case, the person accused of the crime.
Deposition: oral statement made before an officer authorized by law to take an oath. These statements are often taken to question potential witnesses, to obtain their discovery, or to be used later in the trial. Direct evidence: Evidence that supports a fact without inference. Discovery: Examination by attorneys, before trial, of the facts and documents held by opponents to help attorneys prepare for trial.
File: record containing brief annotations of court proceedings. On the bench: on the bench or on the full bench. It refers to court sessions in which all members of a court participate, rather than the usual quorum. Courts of appeal usually meet in panels of three judges, but they can be expanded to a larger number in certain cases that they consider important enough for all courts to decide on them.
It is then said that they are meeting in plenary session. Evidence: Information presented in testimony or in a document that is used to persuade the investigator (judge or jury) to decide the case for one party or another. Exculpatory evidence: evidence that tends to prove the defendant's innocence. Evidence: physical evidence or documents that are presented in a court proceeding. The most common evidence includes contracts, weapons, and photographs.
Federal Issue: Jurisdiction granted to federal courts in cases involving United States interpretation and applicationConstitution, laws of Congress and treaties. In some cases, state courts can also decide on these issues, but cases can always be brought before federal courts. Felony: A crime that carries a penalty of more than one year in prison. File: placing a document in the official custody of the court clerk to be incorporated into the files or records of a case.
Lawyers must submit a variety of documents over the life of a case. Grand jury: a body of citizens that hears the evidence of criminal charges brought by the government and determines if there are probable reasons to believe that the crime was committed. As used in federal criminal cases, the government refers to the attorneys for the federal prosecutor's office who are prosecuting the case. Grand jury proceedings are closed to the public and the person suspected of having committed the crime has no right to be present or to have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution.
Habeas corpus: a court order often used to bring a prisoner to court to determine the legality of their imprisonment. A prisoner who wants to argue that there is no sufficient cause to be imprisoned will file a writ of habeas corpus. It can also be used to bring a detained person to court to testify or to be prosecuted. Hearing testimony: statements from a witness who did not see or hear the incident in question, but who learned about it through second-hand information, such as a statement from another person, a newspaper, or a document.
Rumors are generally not admissible as evidence in court, but there are many exceptions to that rule. Accusation: The process of questioning something, such as challenging the testimony of a Witness. Inculpatory evidence: evidence that tends to prove the defendant's guilt. Indictment: Formal charge issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify holding a trial; it is primarily used for serious crimes. In forma pauperis: In the manner of a pauperis.
Permission granted to a person to sue without paying court fees for indigence or poverty. Initial hearing: a court proceeding in which the defendant learns of his rights and the charges against him and the judge decides to release him on bail. Court order: court order that prohibits (or obliges) the performance of a specific act to prevent irreparable harm or injury. Interview: meeting with the police or prosecutor.
Subject matter: (The controversial point in a disagreement between the parties in a lawsuit. To ship officially, such as to issue an order. Judge: Government official with authority to decide lawsuits brought before the courts. The judicial officers of the Supreme Court and the highest court in each state are called judges. Judgment: the official decision of a court that finally determines the respective rights and claims of the parties to a lawsuit.
Jurisdiction: (The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility in the same case. Some issues can be heard in state and federal courts. The plaintiff initially decides where to file the lawsuit, but in some cases, the defendant may request a change of court.
The geographical area over which the court has authority to decide cases. A federal court in a state, for example, can normally only decide a case that has arisen as a result of actions in that state. Jury: person who is part of the jury. Jury: people selected in accordance with the law and who have sworn to investigate and deliver a verdict on questions of fact.
State court juries can be as small as six jurors in some cases. Federal juries for civil lawsuits must have six juries. Criminal lawsuits must have twelve. Instructions for the jury: The judge explains to the jury, before starting deliberations, the questions to be answered and the law that governs the case.
Each of the parties suggests the jury's instructions to the judge, but the judge chooses the final wording. Jury group: the group of people from whom the actual jury is chosen. The jury is randomly selected from a source, such as voter registration banks. The attorneys in the case choose the juries themselves from among the jurors through a process called voir dire. Jurisprudence: the study of the law and the structure of the system cool.
Lawsuit: A legal action brought by a plaintiff against a defendant based on a complaint that the defendant failed to comply with a legal obligation, resulting in harm to the plaintiff. Legal Secretary (or Staff Attorney): They help judges research and write their opinions. Litigation: a case, controversy, or lawsuit. The participants (plaintiffs and defendants) in the lawsuits are called litigants.
Trial judges: Judicial officers who help U.S. district court judges prepare cases for trial. Some criminal and civil lawsuits may be decided when both parties agree to have the case heard by a trial judge rather than a district court judge. Misdemeanor: Usually a misdemeanor, a less serious offense than a felony, punishable by less than one year in prison.
Motion: Attempt to get the court to hear a limited matter. Motions can be filed before, during, and after the trial. It has the same effect as the guilty plea when it comes to the criminal sentence, but the guilty plea cannot be considered an admission of guilt for any other purpose. Sometimes, a guilty plea can later be used to prove guilt in a lawsuit, but the declaration of nolo contdere forces the plaintiff in the lawsuit to prove that the defendant committed the crime.
Oath: Promise to tell the truth. Objection: A lawyer's protest, challenging a statement or question made at trial. Common objections include having a lawyer “guide” the witness or having a witness make a statement that is hearsay. Once an objection is filed, the judge must decide whether to allow the question or statement.
Panel: (in appellate cases, a group of judges (usually three) assigned to decide the case; (in the jury selection process, the group of potential jurors). Parties: plaintiffs and defendants (plaintiffs and defendants) in lawsuits, also known as appellants and appellants in appeals, and their attorneys. Minor jury (or trial jury): group of citizens who hear the evidence presented by both parties in the trial and determine the facts in dispute. Federal criminal juries are comprised of 12 people.
Federal civil juries consist of six people. Plaintiff: The person who files the complaint in a civil lawsuit. Guilty plea: In a criminal case, the statement of the defendant pleading guilty or not guilty in response to charges at a public hearing. You can also file a declaration of no contention or a statement of Alford. The guilty plea allows the defendant to waive a trial.
Plea agreement (or plea agreement): agreement between the defendant and the prosecutor in which the defendant pleads guilty in exchange for a concession from the prosecutor. It may include minor charges, the dismissal of the charges, or the prosecutor's recommendation to the judge for a lighter sentence. Precedent: judicial decision issued in a previous case with facts and laws similar to those of a dispute that is currently being processed before a court. Usually, precedent will govern the decision of a subsequent similar case, unless one of the parties can show that it was wrongly decided or that it differed significantly.
Some precedents are binding, meaning they must be respected. There is no need for the court to follow other precedents, but they can be considered influential. Procedure: the rules for processing a lawsuit; there are rules of civil, criminal, evidentiary, bankruptcy and appellate procedure. Preliminary hearing: A hearing where the judge decides if there is sufficient evidence to require the defendant to go to trial.
Preliminary hearings don't require the same rules as trials. For example, rumors are usually admissible during the preliminary hearing, but not during the trial. Pre-trial meeting: meeting between the judge and the lawyers to discuss what issues should be presented to the jury, review the evidence and witnesses, set a schedule and discuss the solution of the case. Probable cause: a number of suspicions that lead us to believe that certain facts are probably true.
The Fourth Amendment requires probable cause to issue an arrest or search warrant. Probation: An alternative sentence to imprisonment in which the court releases convicted defendants under supervision provided that certain conditions are met. Probation officers (or officers of the pre-trial detention services): screen applicants for provisional release and monitor convicts released under judicial supervision. Pro se: Latin term that means in their own name; in court, it refers to people who file their own cases without a lawyer.
Prosecute: accusing someone of a crime. A prosecutor judges a criminal case on behalf of the government. Public Defenders: They represent defendants who cannot afford an attorney in criminal matters. Pretrial detention: When an appellate court returns a case to a lower court to continue the proceedings. The trial court usually has to do something different, but that doesn't always mean that the court's final decision will change.
Journalist: Keeps a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions. Revocation: When an appellate court overturns a lower court's decision due to an error. Revocation is usually followed by pre-trial detention. For example, if the defendant argued on appeal that certain evidence should not have been used in the trial, and the appellate court agrees, the case will be remanded to pre-trial detention for reconsideration by the trial court without that evidence.
Search order: orders that objects be searched in a specific location that, if found, can be used as evidence in court. Search warrants require probable cause in order to be issued. Sentencing: The court-ordered punishment for a defendant convicted of a crime. Federal courts follow the guidelines of the United States Sentencing Commission when deciding the appropriate punishment for a given crime.
Procedural delivery: notification of orders or subpoenas to the appropriate party. Settlement: The parties to a lawsuit settle their difference without having to hold a trial. Settlements usually involve the payment of compensation by one party to satisfy the other party's claims. Sometimes, juries isolate themselves from outside influences during their deliberations. Sidebar: conference between the judge and the lawyers that is held out of reach of the jury and spectators.
Statement: Description that a witness gives to the police and that the police write down. Statute: law passed by a legislature. Statute of limitations: a law that establishes the time period within which parties must take steps to assert their rights. Suspension: Temporary pause or suspension of a judicial proceeding. Suspensions are generally designed to end when a specific event occurs (for example, a subpoena: an order for a witness to appear and testify).Citation duces tecum: Order a witness to submit documents.
Summary judgment: decision made on the basis of statements and evidence submitted for registration without trial. It is used when there is no dispute as to the facts of the case and one of the parties has the right to pass judgment as a matter of law. Temporary Restraining Order: prohibits a person from taking an action that could cause irreparable harm. This differs from a court order in that it can be granted immediately, without prior notice to the opposing party and without a hearing.
It is expected to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before a grand jury. Tort: a civil offense or the breach of a duty to another person as established by law. A very common tort is the negligent operation of a motor vehicle that results in property damage and personal injury in a car accident.
Trial: A hearing that takes place when the defendant pleads not guilty and the parties must appear in court to present evidence. Confirm: an appellate court's decision not to overturn a lower court decision. Attorney (or federal prosecutor): Attorney appointed by the president in each judicial district to prosecute and defend cases on behalf of the federal government. Headquarters: the geographical location where a case is being tried.
Verdict: The decision of a smaller jury or a judge. Victim Advocate: Work with prosecutors and help victims of crime. Voir dire: process by which judges and lawyers select a small jury from among those who are eligible to act, questioning them to determine if they know the facts of the case and if they are willing to decide the case solely on the basis of the evidence presented to the court. Voir dire is a phrase that means to tell the truth.
Witness: A person summoned by either party to a lawsuit to testify before the court or jury. Order of certiora: order issued by the Supreme Court ordering the lower court to transmit the records of a case that it will hear on appeal. Usually, the Supreme Court is not required to hear appeals of the cases. The denial of the “certificate” by the Supreme Court allows the previous ruling to be upheld.
Executive Office of the United States Federal Attorneys, United States Department of Justice 950 Pennsylvania Avenue NW Room 2242 Washington, DC 20530-0001. Jury sentence finding a criminal defendant not guilty or stating that the evidence is insufficient to support a conviction. Federal agency responsible for collecting judicial statistics, managing the budget of federal courts and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of United States. A term used to describe evidence that a jury or judge may consider in civil and criminal cases. A lawsuit that arises in or is related to a bankruptcy case and that begins with the filing of a complaint with the court, that is, a trial that takes place in the context of a bankruptcy case.
In appellate court practice, it means that the appellate court has concluded that the lower court's decision is correct and will stand as issued by the lower court. A juror selected in the same way as an ordinary jury, who hears all the evidence but does not help decide the case unless asked to replace an ordinary juror. Procedure for resolving a dispute outside the courtroom. Most forms of alternative dispute resolution are non-binding and involve referring the case to a neutral party, such as an arbitrator or mediator.
Court friend in Latin. It is the advice formally offered to the court in a brief submitted by an entity interested in the case, but not a party to it. Request made after a trial by a party who has lost in one or more issues for a higher court to review the decision to determine if it was correct. The person who appeals is called the appellant; the other party is an appellant. With regard to appeals, an appellate court has the power to review the judgment of a lower court or court (trial court).
Circuit appellate courts review U.S. decisions. UU. The party that opposes an appellant's appeal and seeks to persuade the appellate court to confirm the district court's decision.
Procedure in which a criminal defendant appears in court, is informed of the charges brought against him in an indictment or information, and is asked to plead guilty or not guilty. A federal judge who is appointed for life, for good conduct, in accordance with Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate. Property of all kinds, including real and personal properties, tangible and intangible properties. An agreement to continue to perform functions under a contract or lease.
A court order that automatically stops lawsuits, foreclosures, foreclosures and most collection activities against the debtor the moment a bankruptcy application is filed. The release, before trial, of a person accused of a crime, under specific conditions designed to ensure that person appears in court when necessary. In addition, it may refer to the amount of bond money deposited as a financial condition of pre-trial release. Legal procedure for dealing with individual and business debt problems; specifically, a case brought under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code).
Judicial branch official who works in the judicial districts of Alabama and North Carolina and who, like the United States trustee, is responsible for overseeing the administration of bankruptcy, probate and trustee cases; overseeing disclosure plans and statements; overseeing creditor committees; overseeing fee requests and performing other legal functions. Informal name of Title 11 of the United States Code (11 U., S, C. Bankruptcy judges on regular active duty in each district; a unit of the district court. All of the debtor's interests in real estate at the time of filing for bankruptcy.
Technically, the estate becomes the temporary legal owner of all the debtor's assets. Judicial officer of the United States district court who is the judicial officer with decision-making power in federal bankruptcy cases. A formal request for the protection of federal bankruptcy laws There is an official form for bankruptcy filings. The duty to prove the disputed facts.
In civil cases, the plaintiff usually has the burden of proving their case. In criminal cases, the government has the burden of proving the defendant's guilt. See the test standard. The law as established in previous court decisions.
Similar to customary law, which emerges from tradition and judicial decisions. The number of cases handled by a judge or court. The offices of a judge and his staff. The chapter of the Bankruptcy Code that provides for the adjustment of the debts of a farming or fishing family, as the terms are defined in the Bankruptcy Code. The chapter of the Bankruptcy Code that provides for the adjustment of the debts of a person with regular income, often referred to as a plan for wage earners.
Chapter 13 allows the debtor to keep the property and use their disposable income to pay off debts over time, usually three to five years. A person designated to manage a Chapter 13 case. The responsibilities of a Chapter 13 trustee 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. The chapter of the Bankruptcy Code that deals with cross-border insolvency cases.
A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The trustee's responsibilities include reviewing the debtor's petition and attachments, liquidating the estate's assets, and making distributions to creditors. The trustee can also bring actions against creditors or the debtor to recover assets from the bankruptcy estate. Chapter of the Bankruptcy Code that provides for the reorganization of municipalities (including cities and towns), as well as villages, counties, fiscal districts, municipal public services and school districts).
A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must determine that the lawsuits of group members contain common issues of fact or law before the lawsuit can proceed as a class action. The judicial officer who oversees administrative functions, especially the management of the flow of cases before the court. The clerk's office is often referred to as the court's central nervous system.
The legal system that originated in England and is now in use in the United States, is based on the articulation of legal principles in a historic succession of judicial decisions. The principles of customary law can be modified by legislation. A special condition imposed by the court that requires a person to work, without compensation, for a civic or non-profit organization. Approval of a reorganization plan by a bankruptcy judge.
A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. A claim that the debtor may owe under certain circumstances, for example, an agreement between two or more people that creates an obligation to do or not do a particular thing. A guilty sentence against a criminal defendant. Legal advice; a term that is also used to refer to lawyers in a case.
An allegation in an accusation or information, in which a defendant is accused of a crime. An accusation or information may contain allegations that the defendant committed more than one crime. Each allegation is called a charge. A person who records word for word what is said in court, usually using a shorthand, or audio recording, and then produces a transcript of the process if requested.
Money that the defendant pays to the plaintiff in a civil case if the plaintiff has won. Damages can be compensatory (for loss or injury) or punitive (to punish and deter future misconduct). Latin, which means in fact or in reality. Something that exists in fact but not as a matter of law.
Latin, which means in law. Something that exists by law. Latin, which means new. A de novo trial is a completely new trial.
De novo review on appeal does not imply any deference to the trial judge's decision. A person who has filed a request for redress under the Bankruptcy Code. A judgment that grants the plaintiff the relief sought in the lawsuit because the defendant has not appeared in court or otherwise responded to the lawsuit. A person (or company) against whom a lawsuit is being filed.
In a civil case, the person or organization against whom the plaintiff files a lawsuit; in a criminal case, the person accused of the crime. An oral statement made before an officer authorized by law to take oaths. Exonerate the debtor from personal liability for certain forgivable debts. Notable exceptions to downloadability are taxes and student loans.
Forgiveness exempts the debtor from personal liability for certain debts, known as forgivable debts, and prevents creditors who held them from taking any action against the debtor or the debtor's assets to collect them. Forgiveness also prohibits creditors from communicating with the debtor regarding the debt, including through phone calls, letters, and personal contacts. A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. Court action that prevents an identical lawsuit from being filed later on.
Income that is not reasonably necessary for the maintenance or maintenance of the debtor or their dependents. If the debtor runs a business, disposable income is defined as those amounts that exceed what is necessary to pay ordinary operating expenses. In criminal law, the constitutional guarantee that the defendant will receive a fair and impartial trial. In civil law, the legal rights of a person who is faced with an adverse action that threatens freedom or property.
In French, it means “in the bank”. All the judges of an appellate court meet to hear a case, unlike what usually happens with panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 judges selected at random. Relating to civil lawsuits by equity and not by law.
In English legal history, the courts could order the payment of compensation for damages and could not offer any other remedy (see damages). An independent court of equity could order someone to do something or to stop doing something (for example, in American case law, federal courts have legal and equitable powers, but the distinction is still important).For example, a jury trial is normally available in legal cases, but not in fairness cases. The doctrine that evidence obtained in violation of the constitutional or legal rights of a criminal defendant is not admissible at trial. Evidence that the defendant did not commit the crime.
Certain assets owned by an individual debtor that the Bankruptcy Code or applicable state law allow the debtor to hide from creditors do not guaranteed. For example, in some states, the debtor may exempt all or part of the capital of the debtor's primary residence (property exemption), or some or all of the tools of the profession used by the debtor to earn a living (i.e., the availability and quantity of assets that the debtor can exempt depend on the state in which the debtor lives). A bankruptcy case filed without schedules or with incomplete schedules that list few creditors and debts. Federal courts often file documents with their faces covered for the purpose of delaying an eviction or foreclosure.
Federal courts hire a full-time attorney to provide legal defense for defendants who don't. they can afford a lawyer. The judiciary administers the federal defender program in accordance with the Criminal Justice Act. As provided in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense.
Each organization is overseen by a federal public defender appointed by the circuit's appellate court. Jurisdiction granted to federal courts in cases involving United States interpretation and applicationA transfer of a debtor's property made with the intent to defraud or for which the debtor receives an amount less than the value of the property transferred. One of the purposes of the Bankruptcy Code is to characterize the debtor's situation after bankruptcy, that is, to give debtors a fresh start. In Latin it means you have the body.
In general, a writ of habeas corpus is a court order requiring law enforcement authorities to present the prisoner they are holding and to justify their continued detention. Federal judges receive habeas corpus petitions from state prison inmates who claim that their state indictments violated rights protected by the federal government in some way. The court imposes a special condition that requires a person to stay home except for certain approved activities, such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment (a transmitter attached to the wrist or ankle) to ensure that the person stays home as needed.
Latin, which means in a judge's office. It often means out of the presence of the jury and the public. Evidence that indicates that the defendant committed the crime. The indictment issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify holding a trial; it is primarily used for serious crimes.
A formal accusation by a government lawyer that the defendant committed a misdemeanor. A court order that prevents one or more of the named parties from taking any action. Often a preliminary court order is issued to allow for the determination of the facts, so that a judge can determine if a permanent court order is justified. Any relative of the debtor or of a general partner of the debtor; corporation in which the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer or person of control.
Court-approved mechanism through which two or more cases can be administered together. Assuming there are no conflicts of interest, these companies or independent individuals can pool their resources, hire the same professionals, etc. A judiciary official with authority to decide lawsuits brought before the courts. Used generically, the term judge can also refer to all judicial officials, including Supreme Court judges.
By law, Congress authorizes the number of judges for each district and appellate court. The legal authority of a court to hear and decide a certain type of case. It is also used synonymously with jurisdiction, that is, the geographical area over which the court has territorial jurisdiction to decide cases. The study of the law and the structure of the legal system The group of people selected to hear evidence in a trial and to issue a verdict on questions of fact.
Instructions from a judge to the jury before deliberations begin regarding the factual questions you must answer and the legal rules you must apply. A legal action brought by a plaintiff against a defendant based on a complaint alleging that the defendant failed to comply with a legal obligation that resulted in harm to the plaintiff. A charge on a specific property that is designed to guarantee the payment of a debt or the fulfillment of an obligation. A debtor may remain responsible for a lien after a forgiveness.
Judicial officer in a district court who conducts initial proceedings in criminal cases, decides misdemeanor cases, conducts many pre-trial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties. The court imposes a special condition for requiring that a person undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological and specific evaluations for sexual crimes, inpatient or outpatient counseling, and medications. A crime punishable by one year in prison or less. An invalid test, caused by a fundamental error.
When the trial is declared void, the trial must begin again with the selection of a new jury. A request by a litigant to a judge to make a decision on a matter related to the case. A pre-trial motion asking the court to prohibit the other party from presenting, or even referring to, evidence on matters considered to be so damaging that no action taken by the judge can prevent the jury is unduly influenced. A Chapter 7 case in which there are no assets available to satisfy any part of creditors' unsecured claims.
A plea of no contention has the same effect as a guilty plea, as far as a criminal sentence is concerned, but it cannot be considered an admission of guilt for any other purpose. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, alimony or child support debts, certain taxes, debts from most educational loans or overpayments of benefits financed or guaranteed by the government, debts resulting from death or personal injury caused by driving while drunk or under the influence of drugs, and debts for restitution or a criminal fine included in a judgment for the debtor's conviction for a crime. Some debts, such as debts for money or property obtained under false pretenses and debts for fraud or defamation acting in a fiduciary capacity, can be declared non-forgivable only if the creditor files a timely action for non-forgiveness and prevails in it.
A debtor's assets that can be liquidated to satisfy creditors' claims. An opportunity for lawyers to summarize their position before the court and also to respond to questions from judges. The release of an inmate, granted by the United States, USA. Probation Commission: After the inmate has completed part of their sentence in federal prison.
When the person on probation is released and placed under the supervision of a person from the United States, a party who has the right to be heard by the court in a matter pending decision in the bankruptcy case. The trustee or bankruptcy trustee, the court administrator, and creditors are interested parties in most of the issues. Latin, which means court. In appellate courts, it often refers to an unsigned opinion.
A district court may grant each party to a civil or criminal trial the right to exclude a specified number of potential jurors without cause or justification. A group of citizens who listen to the evidence presented by both parties in the trial and determine the facts in dispute. Federal civil juries consist of at least six people. The document that initiates the filing of bankruptcy proceedings, which establishes basic information about the debtor, including the name, address, chapter in which the case is filed, and the estimated amount of assets and liabilities.
A company not authorized to practice law that prepares bankruptcy filings. A federal misdemeanor punishable by six months or less from prison. In a criminal case, the statement of the defendant pleading guilty or not guilty in response to the charges. A transfer of the debtor's property made after the start of the case.
Arrangement (or rearrangement) of a debtor's assets so that the debtor can take full advantage of exemptions. Pre-bankruptcy planning usually includes the conversion of assets, not exempt from exempt assets. Judges generally follow precedent, meaning they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will not consider case law if one of the parties can show that the previous case was wrongly decided or that it differed significantly from the current case.
A debt payment made to a creditor in the 90-day period before the debtor files for bankruptcy (or within one year if the creditor acted with privileged information), giving the creditor more than they would receive in the case of the debtor under Chapter 7.A report prepared by the court's probation officer, after a person has been convicted of a crime, summarizing for the court the necessary background to determine the appropriate sentence. A meeting of the judge and attorneys to plan the trial, discuss what issues should be presented to the jury, review the proposed evidence and witnesses, and establish a schedule for the trial. Usually, the judge and the parties also discuss the possibility of reaching an agreement on the case. A federal court function that occurs early in the criminal justice process, after a person has been arrested and charged with a federal crime and before they go to trial.
Preventive education officials are focused on researching these people's backgrounds to help the court determine whether to release or detain them while they wait. the trial. The decision is based on whether these people are likely to flee or pose a threat to the community. If the court orders release, a trial prevention services officer monitors the person from the community until they return to court.
The Bankruptcy Code's legal classification of unsecured credits determines the order in which unsecured loans will be paid if there is not enough money to pay all of the unsecured loans in full. An unsecured credit that has the right to be paid before other unsecured credits that don't have priority. Priority refers to the order in which these unsecured claims will be paid. A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase in propria persona.
Sentencing option in federal courts. With probation, instead of sending a person to prison, the court places the person on probation and orders them to complete a period of supervision supervised by a U.S. probation officer and to meet certain conditions. Officials from a court's probation office.
The duties of the probation officer include conducting filing investigations, preparing filing reports for convicted defendants, and supervising released defendants. The rules for carrying out a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. A debtor's agreement to continue paying a forgivable debt after bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to recovery. The act of a court overturning a lower court's decision.
The revocation is usually accompanied by a referral to the lower court to continue the proceedings. Sanction or other type of execution that is used to achieve compliance with the law or with rules and regulations. Lists submitted by the debtor along with the petition (or soon after) showing the debtor's assets, liabilities and other financial information. There are official forms that the debtor must use.
The property subject to the lien is the security of the secured creditor. Debt backed by a mortgage, security pledge, or other lien; debt for which the creditor has the right to acquire specific pledged property in the event of default. Examples include mortgage loans, auto loans, and tax liens. A federal judge who, after reaching the required age and judicial experience, assumes the higher rank, thus creating a vacancy among the serving judges of a court.
A superior judge retains judicial office and can reduce their workload by up to 75 percent, but many choose to keep a larger number of cases. The punishment ordered by a court for a defendant convicted of a crime. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence imposed on a convicted defendant. A special type of Chapter 11 case in which there is no creditors' committee (or the court considers the creditors' committee to be inactive) and in which the debtor is subject to greater oversight by the U.S.
trustee than others chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time that a small business debtor is bankrupt. In criminal cases, prosecutors must prove the defendant's guilt beyond a reasonable doubt. Most civil lawsuits require that it be proven by a preponderance of evidence (more than 50 percent), but in some the standard is higher and requires clear and convincing evidence.
A series of questions that the debtor must answer in writing regarding sources of income, property transfers, creditor demands, etc. There is an official form that the debtor must use. The time period within which a lawsuit must be filed or criminal proceedings initiated. The deadline may vary depending on the type of civil case or the crime charged.
Latin, meaning of his own will. It often refers to a court taking action in a case without being asked to do so by either party. The act or process by which a person's rights or claims are ranked below those of others. An order, issued under the authority of a court, to a witness to appear and give testimony. Order addressed to a witness to appear and submit documents. Like a preliminary injunction, it's a short-term order from a judge that prohibits certain actions until a full hearing can be held.
It is often referred to as TRO. Evidence presented orally by witnesses during trials or before grand juries. The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the United States. The trustee is a private person or corporation named in all cases of Chapter 7, Chapter 12 and Chapter 13 and in some cases of Chapter 11. The trustee's responsibilities include reviewing the debtor's petition and schedules and taking action against creditors or the debtor to recover assets from the bankruptcy estate.
In Chapter 7, the trustee liquidates ownership of the estate and distributes the assets among creditors. Chapter 12 and 13 trustees have obligations similar to those of a Chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. An attorney appointed by the president in each judicial district to prosecute and defend cases on behalf of the federal government. The lawyer employs a team of assistant federal prosecutors who act as government attorneys in individual cases.
The Department of Justice is responsible for overseeing the administration of bankruptcy, probate and trust cases; overseeing disclosure plans and statements; overseeing creditor committees; overseeing requests for payment of fees; and performing other legal functions. A debt secured by a property that is worth less than the amount of the debt. A lawsuit brought by a landlord against a tenant to evict him from the rented property, usually for non-payment of rent. A debt that the debtor should have included in the lists submitted to the court, but that he did not.
Depending on the circumstances, an unscheduled debt may or may not be canceled. The appellate court agrees with the lower court's decision and leaves it standing. The geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another.
The decision of a trial jury or judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case. Jury selection process, which involves questioning potential jurors to determine their qualifications and determine any basis for the challenge. Transfer of a debtor's property with the debtor's consent. A non-bankruptcy legal proceeding by which a plaintiff or creditor seeks to submit a debtor's future wages to their claim. In other words, the creditor seeks to have a portion of the debtor's future salary paid to the creditor for a debt incurred with the creditor.
Judicial authorization, most often for law enforcement officers, to search or make an arrest. Order issued by the Supreme Court of the United States ordering the lower court to transmit the records of a case that it will hear on appeal. This site is maintained by the U.S. Administrative Office.
UU. Courts on behalf of the federal judiciary. The purpose of this site is to provide information about and about the United States Judiciary. He or she is responsible for keeping the official record by recording every word spoken during the trial on a special machine called a stenographer. Once all the evidence has been collected and the attorneys have presented their arguments, the judge outlines the issues that need to be decided and the issues you must decide.
Lawyers when lawyers are chosen (or appointed) to represent minors, people under guardianship, or poor defendants; and. Questions that a lawyer asks the opposing party or the witness to see if the person is telling the truth. The judge's decision that a lawyer's objection is not well received in accordance with the rules of conduct of the trial. Renters should be careful when using this resource and should first talk to an attorney to make sure it's appropriate for their situation. After hearing all the evidence of a lawsuit by both parties, attorneys tell the jury what they think the evidence demonstrates and why they believe the jury should rule in favor of their client.
For example, alimony, sometimes called alimony, the division of property, liability for debts or bills, child support, and so on.