A right is something that a person has and that people think should not be taken away from them. It's a rule about what a person can do or have. A right is different from a privilege, which is something that must be earned. A jury verdict that a criminal defendant is innocent or a judge's conclusion that the evidence is insufficient to support a conviction.
A judge who serves the court full time. The federal agency responsible for collecting judicial statistics, managing the federal court budget, and performing many other administrative and programmatic functions, under the direction and supervision of the United States Judicial Conference. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A lawsuit that arises in or is related to a bankruptcy case 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 be upheld as issued by the lower court. A juror selected in the same way as a regular juror who hears all the evidence but doesn't help decide the case unless asked to replace a regular juror. A procedure for resolving a dispute outside of the courtroom. Most forms of ADR are non-binding and involve referring the case to a neutral party, such as an arbitrator or mediator.
It means friend of the court in Latin. It is advice that is formally offered to the court in a brief submitted by an entity that is interested in the case, but that is not a party to it. A request made after a trial by a losing party in one or more matters for a higher court to review the decision to determine if it was correct. To submit such a request is to appeal or file an appeal.
The appellant is called the appellant; the other party is the appellant. The party appealing the decision of a district court, usually seeking the revocation of that decision. About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or court. Circuit Courts of Appeal Review U.S.
Decisions. UU. The party that opposes an appellant's appeal and that seeks to persuade the appellate court to confirm the district court's decision. A procedure in which a criminal defendant appears in court, is informed of the charges in an indictment or information, and is asked to plead guilty or not guilty.
A federal judge who is appointed for life, as long as he behaves well, in accordance with Article III of the Constitution. Article III: Judges are appointed by the President and confirmed by the Senate. Assets of all types, including real and personal, tangible and intangible property. An agreement to continue performing functions under a contract or lease.
A court order that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor at the time a bankruptcy petition is filed. The release, before trial, of a person accused of a crime, under specific conditions designed to ensure that person's appearance in court when necessary. In addition, it can refer to the amount of bail money deposited as a financial condition of probation. A legal procedure for dealing with the debt problems of individuals and businesses; specifically, a case brought under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code).
A judiciary official who serves the judicial districts of Alabama and North Carolina and, like the United States trustee, is responsible for overseeing the administration of bankruptcy, probate, and trustee cases; monitoring plans and disclosure statements; monitoring creditor committees; monitoring fee requests; and performing other legal functions. The informal name of Title 11 of the United States Code (11 U, S, C. Bankruptcy judges in regular active service in each district; a district court unit. All of the debtor's interests in the property at the time of the bankruptcy filing.
Technically, the estate becomes the temporary legal owner of all of the debtor's assets. A judicial officer of the United States District Court who is the judicial official with decision-making power in federal bankruptcy cases. A formal request for protection from federal bankruptcy laws. There is an official form for bankruptcy petitions.
A trial without a jury, in which the judge acts as an investigator. The Duty to Prove Controversial 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. A complete collection of all documents submitted to the court in a case. The law 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 their staff. The chapter of the Bankruptcy Code that provides for the adjustment of the debts of a family farmer or a family fisherman, as 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 property and use disposable income to pay debts over time, usually three to five years. A person designated to administer 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 dealing 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 schedules, liquidating the estate, and making distributions to creditors. The trustee can also initiate actions against creditors or the debtor to recover assets from the bankruptcy estate. The chapter of the Bankruptcy Code that provides for the reorganization of municipalities (which includes cities and towns, as well as villages, counties, tax districts, municipal public services, and school districts).
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority. A creditor asserts a debtor's right to payment or the debtor's assets. A lawsuit in which one or more members of a large group, or class, of people or other entities file a lawsuit on behalf of the entire class. The district court must determine that the group members' lawsuits contain common issues of law or fact before the lawsuit can continue as a class action.
The judicial officer who oversees administrative functions, especially the management of the flow of cases in the court. The clerk's office is often referred to as the court's central nervous system. Property that is promised as security for the payment of a debt. The legal system that originated in England and is now used in the United States, which is based on the articulation of legal principles in a historic succession of court decisions.
The principles of customary law can be changed through legislation. A special condition imposed by the court that requires a person to work, without pay, 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.
Debts incurred for personal needs, as opposed to commercial ones. A claim that the debtor may owe under certain circumstances, e.g. Ex. An agreement between two or more people that creates an obligation to do or not to do a particular thing.
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 known as a charge. Government entity authorized to resolve legal disputes. Judges sometimes use the court to refer to themselves in the third person, as in the case where the court has read the briefs. A person who makes a word-for-word record of what is said in court, usually using a shorthand, or audio recording, and then produces a transcript of the process when requested.
A person or company to whom the debtor owes money or who claims that the debtor owes money. 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 prevent future misconduct). Latin, which means in fact or in fact.
Something that exists in fact, but not as a matter of law. Latin, which means in law. Something that exists by law enforcement. Latin, which means again.
A de novo trial is a completely new trial. The de novo review of the appeal does not imply any deference to the judgment of the trial judge. A person who has filed a request for relief under the Bankruptcy Code. A detailed description of the debtor of how the debtor intends to pay creditors' claims over a fixed period of time.
A judgment that grants the plaintiff the relief sought in the lawsuit because the defendant did not appear in court or otherwise respond to the lawsuit. A person (or company) against whom a lawsuit is being brought. In a civil case, the person or organization against whom the plaintiff files a lawsuit; in a criminal case, the person charged with the crime. An oral statement made before an official authorized by law to take oaths.
These statements are often taken to question potential witnesses, obtain evidence, or use them later in the trial. A release of a debtor from personal liability for certain cancellable debts. Notable exceptions to cancellability are taxes and student loans. A forgiveness exempts the debtor from personal liability for certain debts known as cancellable debts and prevents creditors who owe those debts from taking any action against the debtor or the debtor's property 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 eliminates the debtor's personal liability. Procedures used to obtain the release of evidence before trial. Court action that prevents an identical lawsuit from being filed later.
Judicial action that allows subsequent filing. Income that is not reasonably necessary for the maintenance or maintenance of the debtor or his dependents. If the debtor runs a business, disposable income is defined as amounts greater than that necessary to pay ordinary operating expenses. A record containing the full history of each case in the form of brief chronological entries that summarize court proceedings.
In criminal law, the constitutional guarantee that the accused will receive a fair and impartial trial. In civil law, the legal rights of someone facing an adverse action that threatens freedom or property. French, what does on the bench mean. All the judges of an appellate court meet to hear a case, as opposed to the usual arrangement of three-judge panels.
In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges. Relating to civil lawsuits in matters of equity rather than in law. In English legal history, courts could order the payment of compensation for damages and could not offer any other remedy (see damages). An independent equity court could order someone to do something or to stop doing something (e.g.
In American jurisprudence, federal courts have legal and equitable powers, but the distinction is still important. For example, a jury trial is normally available in law cases, but not in equity cases. Information presented in testimony or documents that are used to persuade the investigator (judge or jury) to decide the case in favor of one or the other party. A proceeding brought before a court by a single party, without notice or challenge by the other party.
Doctrine that says that evidence obtained in violation of the constitutional or legal rights of a criminal defendant is not admissible at trial. Evidence indicating that the defendant did not commit the crime. Contracts or leases under which both parties to the agreement have obligations pending execution. If a contract or lease is enforceable, the debtor can assume it (keep the contract) or reject it (terminate the contract).
Assets that the debtor can retain, exempt from the claims of creditors who have no liens on the property. Certain assets owned by an individual debtor that the Bankruptcy Code or applicable state law allow the debtor to conceal from unsecured creditors. For example, in some states, the debtor may exempt all or part of the capital of the debtor's principal residence (family home exemption) or some or all of the business tools used by the debtor to make 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 timelines or with incomplete schedules that list few creditors and debts. Complaints are often filed with the purpose of delaying an eviction or foreclosure. Federal courts hire a full-time lawyer to provide legal defense to defendants who cannot afford an attorney. The judiciary administers the federal defenders program in accordance with the Criminal Justice Act.
Under the Criminal Justice Act, an organization established within a federal judicial circuit to represent those accused of crimes who are unable to afford an adequate defense. Each organization is overseen by a federal public defender appointed by the circuit court of appeals. Jurisdiction granted to federal courts in cases involving United States interpretation and application. Constitution, Laws of Congress, and Treaties.
A felony, usually punishable by at least one year in prison. Place a document in the official custody of the court clerk for incorporation into the files or records of a case. A transfer of a debtor's property made with the intent to defraud or for which the debtor receives less than the value of the property transferred. The characterization of a debtor's situation after bankruptcy, that is,.
Giving debtors a fresh start is one of the purposes of the Bankruptcy Code. Latin, which means you have a body. Generally, a writ of habeas corpus is a court order requiring law enforcement authorities to present the prisoner they are holding and to justify the prisoner's continued confinement. Federal judges receive habeas corpus petitions from state prison inmates who claim that their state processes somehow violated the rights protected by the federal government.
Evidence presented by a witness who did not see or hear the incident in question, but heard about it by someone else. With a few exceptions, rumors are generally not admissible as evidence at trial. A special condition imposed by the court 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 help ensure that the person stays home as needed.
Latin, which means in a judge's chamber. It often means out of the presence of a jury and the public. Evidence to indicate that the defendant committed the crime. The formal charge issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to warrant holding a trial; used primarily 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 injunction is issued to allow the investigation of the facts, so that the judge can determine if a permanent court order is justified. A director, officer, or person who controls the debtor; a company in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person who controls the debtor.
Any relative of the debtor or a general partner of the debtor; company in which the debtor is a general partner; general partner of the debtor; or public limited company of which the debtor is a director, officer, or person in control. A court-approved mechanism under 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 officers, including Supreme Court judges. By law, Congress authorizes the number of judges for each district and court of appeals. The official decision of a court that finally resolves the dispute between the parties to the lawsuit. The regulatory entity of the federal judicial system.
A body of 27 judges whose president is the Chief Justice of the United States. The legal authority of a court to hear and decide a certain type of case. It is also used as a synonym for place, that is, the geographical area over which the court has territorial jurisdiction to decide cases. The study of law and the structure of the legal system The group of people selected to hear evidence at a trial and deliver a verdict on issues of fact.
Instructions from the judge to the jury before starting deliberations on the questions of fact to be answered and the legal rules to be applied. A legal action brought by a plaintiff against a defendant based on a complaint that the defendant failed to fulfill a legal duty, resulting 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 still be liable for a lien after a forgiveness.
A creditor's claim for a fixed amount of money. The sale of a debtor's property with the proceeds intended for the benefit of creditors. Participants (plaintiffs and defendants) in lawsuits are called litigants. Judicial officer of a district court who conducts initial proceedings in criminal cases, decides misdemeanor cases, directs many civil and criminal pre-trial matters on behalf of district judges, and decides civil cases with the consent of the parties.
Special condition imposed by the court to require a person to 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. You are not subject to a court ruling because the controversy has not actually arisen or has ended. A request from a litigant to a judge to make a decision on a matter related to the case. A pretrial motion asking the court to prohibit the other party from presenting, or even referring to, evidence on matters that are said to be so harmful that no action taken by the judge can prevent the jury from being unduly influenced.
A request from a creditor to allow him to take action against the debtor or the debtor's assets that would otherwise be prohibited by automatic stoppage. A Chapter 7 case in which there are no assets available to satisfy any part of creditors' unsecured claims. The plea of Nolo Contendere has the same effect as the plea of guilty, as far as the 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 mortgaging a home, debts for alimony or child support, certain taxes, debts on most loans or overpayments of educational benefits funded or guaranteed by the government, debts resulting from death or personal injury caused by drunk or drug driving, and debts of restitution or a criminal fine included in a conviction of the debtor for a crime. Some debts, such as debts for money or property obtained through false pretenses and debts for fraud or defamation while acting as a trustee, can be declared non-refundable only if the creditor timely files and prevails an action of default. A debtor's assets that can be liquidated to meet creditors' demands. An objection by a trustee or creditor to the debtor being exempted from personal liability for certain cancellable debts.
The most common reasons include allegations that the debt to be settled was incurred with false pretenses or that the debt arose due to fraud by the debtor while acting as a trustee. The objection of a trustee or creditor to the debtor's attempt to claim certain assets as exempt from liquidation by the trustee from creditors. An opportunity for lawyers to summarize their position before the court and also to answer questions from judges. The release of an inmate — granted by the U.S.
Probation Commission: after the inmate has completed part of his sentence in a federal prison. When the person on parole is paroled in the community, they are under the supervision of a U.S. The Sentencing Reform Act of 1984 abolished parole in favor of a determined sentencing system in which sentencing is established through sentencing guidelines. Now, without the option of parole, the prison sentence imposed by the court is the actual time the person spends in prison.
A party that is entitled to be heard by the court in a matter to be decided in the case of bankruptcy. The trustee or bankruptcy administrator, the case trustee, and creditors are interested parties in most matters. 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 certain number of potential jurors without cause or without giving a reason. A group of citizens who listen to the evidence presented by both parties at trial and determine the facts in dispute. Federal criminal juries consist of 12 people. 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 petitions. A federal misdemeanor punishable by six months or less in prison. A person or company that files a formal complaint with the court.
In a criminal case, the defendant's statement pleading guilty or not guilty in response to the charges. A transfer of the debtor's assets made after the start of the case. The disposition (or reorganization) of a debtor's property to allow the debtor to take full advantage of exemptions. Pre-bankruptcy planning generally includes converting non-exempt assets into exempt assets.
Judges will generally follow precedents, which means that they use the principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will ignore the precedent if one of the parties can show that the previous case was wrongly decided or that it differed in any significant way from the current case. A debt payment made to a creditor within the 90-day period before the debtor goes bankrupt (or within one year if the creditor had insider information) that gives the creditor more than they would receive in the debtor's case under Chapter 7.A report prepared by a court parole officer, after a person has been convicted of a crime, summarizing for the court the basic information needed to determine the appropriate sentence. A meeting of the judge and lawyers to plan the trial, discuss what issues should be presented to the jury, review the evidence and proposed witnesses, and establish a trial schedule.
Usually, the judge and the parties also discuss the possibility of reaching an agreement on the case. A function of the federal courts that takes place early in the criminal justice process, after a person has been arrested and charged with a federal crime, and before they go to trial. Instructional services officers are focused on investigating the backgrounds of these individuals to help the court determine whether to release them or detain them while they await trial. The decision is based on whether these people are likely to flee or pose a threat to the community.
If the court orders the release, a pretrial services officer supervises the person from the community until they return to court. The Bankruptcy Code's statutory classification of unsecured credits, which determines the order in which unsecured credits will be paid if there isn't enough money to pay all unsecured claims in full. An unsecured credit that has a right to be repaid before other unsecured credits that have no 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. Represent yourself. Sentencing option in federal courts.
With parole, instead of sending a person to prison, the court releases them into the community and orders them to complete a period of supervision overseen by a U.S. Probation officer and meet certain conditions. Officials at a court's parole office. The parole officer's duties include conducting filing investigations, preparing filing reports on convicted defendants, and supervising released defendants.
The rules for pursuing a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. All of the debtor's legal or equitable interests in the property at the start of the case. Accusing someone of a crime. A prosecutor judges a criminal case on behalf of the government An agreement by a debtor to continue paying a cancellable debt after bankruptcy, usually for the purpose of preserving collateral or mortgaged property that would otherwise be subject to recovery.
Procedure in a Chapter 7 case by which a debtor removes the secured creditor's right of retention on the security by paying the creditor the value of the property. The debtor can then retain the property. The act of a court that overturns the decision of a lower court. The revocation is usually accompanied by a preventive detention order before the trial court to proceed with the proceedings.
A 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 request (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. There are official forms that the debtor must use. The property subject to the encumbered is the security of the secured creditor.
Debt backed by a mortgage, pledge of security, or other lien; debt for which the creditor has the right to pursue a specific foreclosed property in the event of default. Examples include mortgage mortgages, car loans, and tax liens. A federal judge who, after reaching the required age and judicial experience, acquires superior status, creating a vacancy among the serving judges of a court. A senior judge retains judicial office and can reduce their workload by up to 75 percent, but many choose to keep a larger number of cases.
Court-ordered punishment 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 of a convicted defendant. Sometimes, juries isolate themselves from outside influences during their deliberations. The delivery of briefs or citations to the appropriate party.
The parties to a lawsuit settle their dispute without a trial. Settlements usually involve the payment of compensation by one party to satisfy, at least partially, the other party's claims, but they usually do not include an admission of fault. A special type of Chapter 11 case in which there is no creditor committee (or the court finds the creditor committee inactive) and in which the debtor is subject to greater oversight by the U.S. Trustee than other Chapter 11 debtors.
The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is bankrupt. In criminal cases, prosecutors must prove the defendant's guilt beyond a reasonable doubt. Most civil lawsuits require proof with 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 about sources of income, transfers of assets, demands from creditors, etc.
There is an official form that the debtor must use. The time 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, which means of one's own free will.
It often refers to a court that takes action in a case without either party asking it to do so. The act or process by which a person's rights or claims rank below those of others. An order, issued under the authority of a court, for a witness to appear and testify. An order for a witness to appear and submit documents.
Similar to a preliminary court order, it is a short-lived 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. A negligent or intentional injury to a person or property, with the exception of breach of contract.
The representative of the bankruptcy estate who exercises legal powers, mainly 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 designated in all Chapter 7, Chapter 12, and Chapter 13 cases, and in some cases 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 the estate assets and makes distributions to 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 from Assistant US, S. Lawyers who appear as government attorneys in individual cases. Department of Justice responsible for overseeing the management of bankruptcy, probate, and trustee cases; monitoring plans and disclosure statements; monitoring creditor committees; monitoring fee requests; and performing other legal functions.
A debt secured by property worth less than the amount of the debt. A lawsuit brought by a landlord against a tenant to evict them from the rental property, usually for non-payment of rent. A claim for which a specific value has not been determined. A debt that the debtor should have included in the lists presented to the court, but that was 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 to question potential jurors, to determine their qualifications, and to determine any basis for challenge. A transfer of a debtor's property with the debtor's consent. A non-bankruptcy legal proceeding in which a plaintiff or creditor seeks to submit a debtor's future wages to his claim.
In other words, the creditor seeks to have part of the debtor's future salary paid for a debt contracted with the creditor. Judicial authorization, in most cases granted to law enforcement officers, to make a search or arrest. A person who is asked by either party to a lawsuit to testify before the court or jury. An order issued by the U.S.
The Supreme Court orders the lower court to transmit the minutes of a case that will be heard on appeal. This site is maintained by the U.S. Administrative Office. Courts on behalf of the Federal Judiciary.
The purpose of this site is to provide information from and about the U.S. Judiciary. .
