Legal Terms

What is an acquittal?

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.

What does the term 'active judge' refer to?

A judge in the full-time service of the court.

What is the role of the Administrative Office of the United States Courts (AO)?

The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions.

What does 'admissible' mean in a legal context?

Evidence that may be considered by a jury or judge in civil and criminal cases.

What is an adversary proceeding?

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court.

Define affidavit.

A written or printed statement made under oath.

What does 'affirmed' mean in appellate court practice?

It means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered.

What is the purpose of an alternate juror?

A juror selected who hears all the evidence but does not help decide the case unless called on to replace a regular juror.

What is alternative dispute resolution (ADR)?

A procedure for settling a dispute outside the courtroom.

What does 'amicus curiae' mean?

Latin for 'friend of the court,' referring to advice formally offered to the court in a brief by an entity interested in the case.

What is an answer in a civil case?

The formal written statement by a defendant responding to a complaint, articulating the grounds for defense.

What is an appeal?

A request made after a trial by a party that has lost on one or more issues for a higher court to review the decision.

Who is referred to as the appellant?

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

What does 'appellate' refer to?

It pertains to appeals; an appellate court has the power to review the judgment of a lower court.

Who is an appellee?

The party who opposes an appellant's appeal and seeks to persuade the appeals court to affirm the lower court's decision.

What happens during an arraignment?

A proceeding in which a criminal defendant is told of the charges and asked to plead guilty or not guilty.

What is an Article III judge?

A federal judge who is appointed for life, under Article III of the Constitution.

What are assets?

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

What does it mean to assume in a legal context?

To continue performing duties under a contract or lease.

What is an automatic stay?

An injunction that stops lawsuits and most collection activities against the debtor the moment a bankruptcy petition is filed.

What is bail?

The release of a person accused of a crime, under specified conditions, prior to trial.

Define bankruptcy.

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

What is the role of a bankruptcy administrator?

An officer responsible for supervising the administration of bankruptcy cases in specific jurisdictions.

What is the Bankruptcy Code?

Informally known as title 11 of the United States Code, it comprises federal bankruptcy law.

What is a bankruptcy court?

The bankruptcy judges in regular active service in each district.

What constitutes a bankruptcy estate?

All interests of the debtor in property at the time of the bankruptcy filing.

Who is a bankruptcy judge?

A judicial officer with decision-making power over federal bankruptcy cases.

What is a bankruptcy petition?

A formal request for the protection of federal bankruptcy laws.

What is the function of a bankruptcy trustee?

A representative appointed to manage the interests of the bankruptcy estate and creditors.

What is a bench trial?

A trial without a jury, in which the judge serves as the fact-finder.

What is a brief in legal terms?

A written statement submitted that explains one side's legal and factual arguments.

What does 'burden of proof' mean?

The duty to prove disputed facts, with specific burdens depending on the type of case.

What is a capital offense?

A crime punishable by death.

What is a case file?

A complete collection of every document filed in court in a case.

Define case law.

Law established in previous court decisions; synonymous with legal precedent.

What is a caseload?

The number of cases handled by a judge or a court.

What is a cause of action?

A legal claim.

What are chambers in a legal context?

The offices of a judge and his or her staff.

What is Chapter 11?

A reorganization bankruptcy usually involving a corporation or partnership.

Define Chapter 12.

The chapter providing for adjustment of debts of a 'family farmer' or 'family fisherman.'

What does Chapter 13 entail?

Adjustment of debts of an individual with regular income, allowing debt payments over time.

What is a Chapter 13 trustee responsible for?

Administering a Chapter 13 case and overseeing the debtor's repayment plan.

What does Chapter 15 of the Bankruptcy Code cover?

Cases of cross-border insolvency.

What is Chapter 7?

The chapter providing for 'liquidation' of a debtor's nonexempt property.

Who is a Chapter 7 trustee?

A person appointed to administer a Chapter 7 case.

What is Chapter 9?

The chapter providing for reorganization of municipalities.

What is a chief judge?

The judge with primary responsibility for the administration of a court.

What is a claim?

A creditor's assertion of a right to payment from a debtor.

What is a class action?

A lawsuit where one or more individuals sue on behalf of a larger group.

What does the clerk of court do?

Oversees administrative functions, managing the flow of cases.

What is collateral?

Property promised as security for a debt.

What is common law?

The legal system that originated in England and relies on judicial decisions.

What is community service in legal terms?

A court-imposed condition requiring an individual to work for a civic organization without pay.

What is a complaint in a legal context?

A written statement that begins a civil lawsuit, detailing claims against the defendant.

What is a concurrent sentence?

Prison terms for two or more offenses to be served at the same time.

What is confirmation in bankruptcy?

Approval of a plan of reorganization by a bankruptcy judge.

What does a consecutive sentence refer to?

Prison terms for offenses served one after another.

Define consumer bankruptcy.

A bankruptcy case filed to reduce or eliminate debts that are primarily for personal needs.

What are consumer debts?

Debts incurred for personal rather than business needs.

What is a contingent claim?

A claim that may be owed under certain circumstances.

What is a contract?

An agreement that creates an obligation to perform or not perform a specific act.

What is a conviction?

A judgment of guilt against a criminal defendant.

What does counsel mean in a legal context?

Legal advice or the lawyers involved in a case.

What is a count in legal terms?

An allegation in an indictment charging a defendant with a crime.

What constitutes a court?

A government entity authorized to resolve legal disputes.

What is the role of a court reporter?

To make a word-for-word record of what is said in court.

What is credit counseling?

Briefing required before filing for bankruptcy, and a course in financial management before discharge.

What is a creditor?

A person or business to whom money is owed by the debtor.

Define damages.

Money awarded to a plaintiff in a civil case to compensate for loss or injury.

What does de facto mean?

Latin, meaning 'in fact' or 'actually'.

What does de jure refer to?

Latin, meaning 'in law'.

What is de novo in legal terms?

Latin for 'anew', indicating a completely new trial.

Who is a debtor?

A person who has filed a petition for relief under the Bankruptcy Code.

What is a debtor's plan?

A detailed description of how the debtor proposes to pay creditors' claims over time.

What is a declaratory judgment?

A judge's statement about someone's rights.

What is a default judgment?

A judgment awarded because the defendant failed to appear in court.

Who is considered a defendant?

The person or organization against whom a lawsuit is filed.

What is a deposition?

An oral statement made before an officer authorized to administer oaths.

What is a discharge in bankruptcy?

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

What constitutes a dischargeable debt?

A debt for which the Bankruptcy Code allows elimination of personal liability.

What is a disclosure statement?

A document designed to provide adequate information to creditors about a Chapter 11 plan.

What is discovery?

Procedures used to obtain disclosure of evidence before trial.

What does dismissal with prejudice mean?

It prevents an identical lawsuit from being filed later.

What does dismissal without prejudice allow?

It allows the later filing of a lawsuit.

What is disposable income?

Income not reasonably necessary for the maintenance or support of the debtor.

What is a docket?

A log containing the complete history of each case.

What is due process?

The constitutional guarantee of fair treatment in legal proceedings.

What does en banc mean?

All judges of an appellate court sitting together to hear a case.

What is equitable relief?

Civil suits in equity rather than solely in law.

What is equity in legal terms?

The value of a debtor's interest in property after liens are considered.

What is evidence?

Information presented in court to persuade a judge or jury.

What is ex parte?

A proceeding brought before a court by one party only.

What is the exclusionary rule?

Doctrine stating that evidence obtained in violation of rights is not admissible.

Define exculpatory evidence.

Evidence indicating that a defendant did not commit the crime.

What are executory contracts?

Contracts or leases under which both parties have duties remaining to be performed.

What are exempt assets?

Property that a debtor is allowed to retain free from creditors' claims.

What does face sheet filing refer to?

A bankruptcy case filed without complete schedules listing few creditors.

Who is a family farmer?

An individual or entity engaged in farming meeting specific criteria for filing under Chapter 12.

What is a federal public defender?

An attorney employed by the federal courts to provide legal defense to those unable to afford it.

What does federal question jurisdiction mean?

Jurisdiction given to federal courts for cases involving the U.S. Constitution or federal statutes.