Property that is promised as security for the satisfaction of a debt. A transfer of the debtor's property made after the commencement of the case. Legal Terms And Meanings . I you liked it please leave a comment below! Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action. Also can refer to the amount of bond money posted as a financial condition of pretrial release. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Shows such as the ever popular Suits, The Practice, Law … Ab initio - From the beginning. MIRANDA RIGHTS Requirement that police inform a suspect in their custody of his or her constitutional rights before they question him or her: specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires. A proceeding brought before a court by one party only, without notice to or challenge by the other side. A slang expression sometimes used to refer to a pro se litigant. The written document created by the court reporter as a result of this pretrial discovery proceeding.eval(ez_write_tag([[336,280],'myenglishteacher_eu-mobile-leaderboard-1','ezslot_17',674,'0','0'])); DOMESTIC VIOLENCE An assault committed by an individual against a household member, or someone with whom they have a familial or intimate relationship. An agreement between two or more people that creates an obligation to do or not to do a particular thing. A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. ADDITUR eval(ez_write_tag([[250,250],'myenglishteacher_eu-medrectangle-4','ezslot_0',659,'0','0'])); ACCORD A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim. (There is an official form for bankruptcy petitions.). Below is a list of some of the more common Latin or legal phrases that one might encounter in a lawsuit: Common Latin Phrases in Law. The act or process by which a person's rights or claims are ranked below those of others. AFFIDAVIT A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Nevertheless, there are common terms that people may hear in or around the courtroom more often than others. A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Invitation for Comment to Restyle the Federal Rules of Bankruptcy Procedure, Invitation for Comment on Emergency Rulemaking, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information. Examples include home mortgages, auto loans and tax liens. A synonym for legal precedent. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full. Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. INNOCENT UNTIL PROVEN GUILTY The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime. August 17, 2012. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. 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. Latin, meaning "anew." If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses. A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code). ACCUSED 1. JUROR Any person who actually serves as a member of the jury. 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. 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. A bird in the hand is worth two in the bush. See also complainant. The delivery of writs or summonses to the appropriate party. 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. An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. We gathered and summarized these terms from various sources. Other Ways to Say “Once bitten twice shy.”, A BIG List of Prefixes and Suffixes and Their Meanings, 199 Phrases for Saying Thank You in Any Situation ✅. A trial without a jury, in which the judge serves as the fact-finder. [On the phone]: Hello, this is Rebecca speaking. Procedures used to obtain disclosure of evidence before trial. A written court order directing a person to take, or refrain from taking, a certain act. The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts). The property subject to the lien is the secured creditor's collateral. This Glossary of Common Court, Tribunal and Legal Terms for Interpreters was developed to provide court interpreters with common legal terms and their definitions to assist them in performing the specialist task of court interpreting.It was created by a special task force funded by the Australian Queensland Government. 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. How can I help you? The official decision of a court finally resolving the dispute between the parties to the lawsuit. All legal or equitable interests of the debtor in property as of the commencement of the case. A serious crime, usually punishable by at least one year in prison. "Guilty," the defendent agrees with the indictment and will not contest it in the legal proceeding. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. See also precedent. A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Attorneys who appear as the government's attorneys in individual cases. An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case. 1. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. A reversal is often accompanied by a remand to the lower court for further proceedings. Also termed action at law. A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions. (There is an official form a debtor must use.). A release of a debtor from personal liability for certain dischargeable debts. Court action that prevents an identical lawsuit from being filed later. BANKRUPTCY Judicial proceedings by which most debts owed by a person found to be insolvent is relived of liability for his or her debts by making court-approved arrangements for partial repayment. Appellant: The party appealing a decision or judgment to a higher court. English legal terms are full of Latin words and phrases. The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code. 2. While some think that legalese may confuse and alienate their clients and laypeople, there are others who remain firm propo… Evidence presented orally by witnesses during trials or before grand juries. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload. The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. The geographic area in which a court has jurisdiction. See also COMPENSATORY DAMAGES, PUNITIVE DAMAGES. Would love your thoughts, please comment. A form of discovery consisting of written questions to be answered in writing and under oath. In litigation, a pretrial discovery proceeding outside the courtroom in which a party or witness gives sworn testimony under oath before a court reporter in response to written interrogatories and where there is an opportunity for cross-examination. Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. Ab extra - From outside. Sometimes juries are sequestered from outside influences during their deliberations. A transfer of a debtor's property with the debtor's consent. VERDICT The opinion of a jury, or a judge where there is no jury, on the factual issues of a case. "In the manner of a pauper." Learn vocabulary, terms, and more with flashcards, games, and other study tools. A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case. The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Latin, meaning "you have the body." 1. The list will contain the most important legal terms in alphabetical order. Aim. Legal Terms And Phrases Pdf . 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. BAIL The amount of cash required to obtain the release of an accused from law enforcement custody while his or her case progressives. Latin, meaning "in fact" or "actually." Human Resources Definition and most commonly used Terms …, 17 Synonyms for Amazing and Awesome with meanings and examples, Tell me about yourself: How to introduce yourself in English: Tips and Phrases, Animals List A-Z with Pictures [Infographic] – English Vocabulary for Kids, What are some good sayings for regretting something? For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). A diamond is forever. The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. CBS News. A trial de novo is a completely new trial. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Courtroom Phrases Language heard in the courtroom and other legal settings contains many standardized expressions and set phrases, and their equivalents in the target language should be familiar to the legal interpreter. It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). ACTION Case, cause, suit or controversy disputed or contested before a court of justice. This is a glossary intended for undocumented individuals who are attempting to identify and navigate possible forms of immigration relief. An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. To place a paper in the official custody of the clerk of court to enter into the files or records of a case. An official of the Judicial branch with authority to decide lawsuits brought before courts. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right. If you work in customer service, you’ll use this phrase a lot. Latin, meaning "of its own will." In civil cases, a plaintiff generally has the burden of proving his or her case. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. A complete collection of every document filed in court in a case. Once your account is created, you'll be logged-in to this account. Representing oneself. A formal request for the protection of the federal bankruptcy laws. UNCONSTITUTIONAL That which is contrary to or in conflict with the federal or state constitutions. [with] the defendant being absent: Legal phrase denoting action "in the absence of the accused." An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal. Absoluta sententia expositore non indiget - An absolute judgment needs no expositor. 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. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. Here are ten of the most common. Common Legal English Phrasal Verbs; Lawyers frequently use phrasal verbs as part of their day to day work. By statute, Congress authorizes the number of judgeships for each district and appellate court. Cause of action . The party who appeals a district court's decision, usually seeking reversal of that decision. Evidence indicating that a defendant did not commit the crime. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. The act of a court setting aside the decision of a lower court. A different kettle of fish. CHAIN OF CUSTODY The chronological order of the places where and persons with whom tangible evidence is located from the moment it is received in custody until it is offered as evidence in court. 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