Week 3, Legal Terminology

appellant

the party who appeals a district court's decision, usually seeking reversal of that decision.

assets

property of all kinds, including real and personal, tangible and intangible.

bankruptcy

legal procedure for dealing with debt problems of individuals and businesses.

bill of indictment

a formal document accusing a person(s) of crime.

brief

a short summary statement.

chambers

offices of a judge and his or her staff.

compensatory damages

money that a defendant pays a plaintiff (for loss or injury) in a civil case if the plaintiff has won.

concurrent sentence

prison terms for two or more offenses to be served at the same time, rather than one after the other.

count

an allegation in an indictment or information, charging a defendant with a crime.

de jure

something that exists by operation of law; by right; legally.

declaratory judgment

a judge's statement about someone's rights.

defendant

one against whom an action is brought; one who defends an action; a respondent; an accused.

discharge

a release of a debtor from personal liability for certain dischargeable debts.

durance

vile imprisonment.

eleemosynary

charitable.

et vir

and husband.

garnish

to take wages or attach property to satisfy a creditor.

in flagrante delicto

in the very act of doing something.

in situ

in its original place.

information

formal accusation by a government attorney that the defendant committed a misdemeanor.

non sequitur

an inference that does not follow the premise.

ad hoc

for this particular purpose.

affidavit

a written or printed statement made under oath.

arraignment

a proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

bifurcation

split into two branches.

class action

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.

complaint

a written statement that begins a civil lawsuit in which the plaintiff details the claims against the defendant.

court reporter

a person who makes a word-for-word record of what is said in court, generally by using a stenographic machine and then produces a transcript of the proceedings upon request.

debtor

a person who has filed a petition for relief under the bankruptcy code.

discriminate

to notice the difference.

easement

a right; a right of way; a privilege.

habeas corpus

a writ (judicial order) demanding the appearance of a body (prisoner being held) before the Court and justification of prisoner's continued confinement.

indictment

formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial.

interrogatories

written questions to be answered by the opposing side before trial.

moot

not subject to a court ruling because the controversy has not actually arisen or has ended.

nolle prosequi

unwilling to pursue; an entry on the record denoting that the plaintiff or prosecution will proceed no further on part or all of the case.

party in interest

a party who has standing to be heard by the court in a matter to be decided in a bankruptcy case.

plaintiff

one who brings an action or sues or complains.

pro se

in one's own behalf; defending yourself in court.

sanction

a penalty used to bring about compliance with the law or with rules and regulations.