Legal Terminology

Question 1

Acquittal

Answer 1

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.

Question 2

Active judge

Answer 2

A judge in the full-time service of the court. Compare to senior judge.

Question 3

Administrative Office of the United States Courts (AO)

Answer 3

The federal agency responsible for collecting court statistics, administering the federal courts’ budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.

Question 4

Admissible

Answer 4

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

Question 5

Adversary proceeding

Answer 5

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a “trial” that takes place within the context of a bankruptcy case.

Question 6

Affidavit

Answer 6

A written or printed statement made under oath.

Question 7

Affirmed

Answer 7

In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

Question 8

Alternate juror

Answer 8

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

Question 9

Alternative dispute resolution (ADR)

Answer 9

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.

Question 10

Amicus curiae

Answer 10

Latin for “friend of the court.” It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.

Question 11

Answer

Answer 11

The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

Question 12

Appeal

Answer 12

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other party is the “appellee.”

Question 13

Appellant

Answer 13

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

Question 14

Appellate

Answer 14

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

Question 15

Appellee

Answer 15

The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.

Question 16

Arraignment

Answer 16

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.

Question 17

Article III judge

Answer 17

A federal judge who is appointed for life, during “good behavior,” under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.

Question 18

Assets

Answer 18

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

Question 19

Assume

Answer 19

An agreement to continue performing duties under a contract or lease.

Question 20

Automatic stay

Answer 20

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

Question 21

Bail

Answer 21

The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that persons appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.

Question 22

Bankruptcy

Answer 22

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).

Question 23

Bankruptcy adminsitrator

Answer 23

An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is 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.

Question 24

Bankruptcy code

Answer 24

The informal name for title 11 of the United States Code, the federal bankruptcy law.

Question 25

Bankruptcy court

Answer 25

The bankruptcy judges in regular active service in each district; a unit of the district court.

Question 26

Bankruptcy estate

Answer 26

All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor’s property.

Question 27

Bankruptcy judge

Answer 27

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

Question 28

Bankruptcy petition

Answer 28

A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

Question 29

Bankruptcy trustee

Answer 29

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.

Question 30

Bench trial

Answer 30

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

Question 31

Brief

Answer 31

A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.

Question 32

Burden of proof

Answer 32

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilty. (See standard of proof).

Question 33

Business bankruptcy

Answer 33

A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

Question 34

Capital offense

Answer 34

A crime punishable by death.

Question 35

Case file

Answer 35

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

Question 36

Case law

Answer 36

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

Question 37

Caseload

Answer 37

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

Question 38

Cause of action

Answer 38

A legal claim.

Question 39

Chambers

Answer 39

The offices of a judge and his or her staff.

Question 40

Chapter 11

Answer 40

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.

Question 41

Chapter 12

Answer 41

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.

Question 42

Chapter 13

Answer 42

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. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

Question 43

Chapter 13 trustee

Answer 43

A person appointed to administer a Chapter 13 case. A Chapter 13 trustee’s responsibilities 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.

Question 44

Chapter 15

Answer 44

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

Question 45

Chapter 7

Answer 45

The chapter of the Bankruptcy Code providing for “liquidation,” that is, the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. In order to eligible for Chapter 7, the debtors must satisfy a “means test.” The court will evaluate the debtor’s income and expenses to determine if the debtor may proceed under Chapter 7.

Question 46

Chapter 7 trustee

Answer 46

A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee’s responsibilities include reviewing the debtor’s petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.

Question 47

Chapter 9

Answer 47

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which included cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

Question 48

Chief judge

Answer 48

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority

Question 49

Claim

Answer 49

A creditor’s assertion of aright to payment from a debtor or the debtor’s property.

Question 50

Class action

Answer 50

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 find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

Question 51

Clerk of court

Answer 51

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system.

Question 52

Collateral

Answer 52

Property that is promised as security for the satisfaction of a debt.

Question 53

Common law

Answer 53

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. Common law principles can be changed by legislation.

Question 54

Community service

Answer 54

A special condition the court imposes that required an individual to work - without pay - for a civic or nonprofit organization.

Question 55

Complaint

Answer 55

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

Question 56

Concurrent sentence

Answer 56

Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Question 57

Confirmation

Answer 57

Approval of plan of reorganization by a bankruptcy judge.

Question 58

Consecutive sentence

Answer 58

Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Question 59

Consumer bankruptcy

Answer 59

A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Question 60

Consumer debts

Answer 60

Debts incurred for personal, as opposed to business, needs.

Question 61

Contingent claim

Answer 61

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person’s loan and that person fails to pay.

Question 62

Contract

Answer 62

An agreement between two or more people that creates an obligation to do or not to do a particular thing.

Question 63

Conviction

Answer 63

A judgment of guilt against a criminal defendant.

Question 64

Counsel

Answer 64

Legal advice; a term also used to refer to the lawyers in a case.

Question 65

Count

Answer 65

An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.

Question 66

Court

Answer 66

Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”

Question 67

Court reporter

Answer 67

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

Question 68

Credit counseling

Answer 68

Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the “instructional course in personal financial management” in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

Question 69

Creditor

Answer 69

A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Question 70

Damages

Answer 70

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Question 71

De facto

Answer 71

Latin, meaning “in fact” or “actually.” Something that exists in fact but not as a matter of law.

Question 72

De jure

Answer 72

Latin, meaning “in law.” Something that exists by operation of law.

Question 73

De novo

Answer 73

Latin, meaning “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge’s ruling.

Question 74

Debtor

Answer 74

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

Question 75

Debtor’s plan

Answer 75

A debtor’s detailed description of how the debtor proposes to pay creditors’ claims over a fixed period of time.

Question 76

Declaratory judgment

Answer 76

A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

Question 77

Default judgment

Answer 77

A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.

Question 78

Defendant

Answer 78

An individual (or business) against whom a lawsuit is filed.

Question 79

Defendant

Answer 79

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

Question 80

Deposition

Answer 80

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

Question 81

Discharge

Answer 81

A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. 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. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Question 82

Dischargeable debt

Answer 82

A debt for which the Bankruptcy Code allows the debtor’s personal liability to be eliminated.

Question 83

Disclosure statement

Answer 83

A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide “adequate information” to creditors to enable them to evaluate the chapter 11 plan of reorganization.

Question 84

Discovery

Answer 84

Procedures used to obtain disclosure of evidence before trial.

Question 85

Dismissal with prejudice

Answer 85

Court action that prevents an identical lawsuit from being filed later.

Question 86

Dismissal without prejudice

Answer 86

Court action that allows the later filing.

Question 87

Disposable income

Answer 87

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

Question 88

Docket

Answer 88

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Question 89

Due process

Answer 89

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

Question 90

En banc

Answer 90

French, meaning “on the bench.” All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Question 91

Equitable

Answer 91

Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy (see damages). A separate court of “equity” could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in “law” cases but not in “equity” cases.

Question 92

Equity

Answer 92

The value of a debtor’s interest in property that remains after liens and other creditors’ interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Question 93

Evidence

Answer 93

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

Question 94

Ex parte

Answer 94

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Question 95

Exclusionary rule

Answer 95

Doctrine that says evidence obtained in violation of a criminal defendant’s constitutional or statutory rights is not admissible at trial.

Question 96

Exculpatory evidence

Answer 96

Evidence indicating that a defendant did not commit the crime.

Question 97

Executory contracts

Answer 97

Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).

Question 98

Exempt assets

Answer 98

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Question 99

Exemptions, exempt property

Answer 99

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. 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). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Question 100

Face sheet filing

Answer 100

A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure).

Question 101

Family farmer

Answer 101

An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Question 102

Federal public defender

Answer 102

An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

Question 103

Federal public defender organization

Answer 103

As provided for 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 supervised by a federal public defender appointed by the court of appeals for the circuit.

Question 104

Federal question jurisdiction

Answer 104

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Question 105

Felony

Answer 105

A serious crime, usually punishable by at least one year in prison.

Question 106

File

Answer 106

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Question 107

Fraudulent transfer

Answer 107

A transfer of a debtor’s property made with intent to defraud or for which the debtor receives less than the transferred property’s value.

Question 108

Fresh start

Answer 108

The characterization of a debtor’s status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)

Question 109

Grand jury

Answer 109

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. See also indictment and U.S. attorney.

Question 110

Habeas corpus

Answer 110

Latin, meaning “you have the body.” 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. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Question 111

Hearsay

Answer 111

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial

Question 112

Home confinement

Answer 112

A special condition the court imposes that requires an individual to remain at 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 the ankle - to help ensure that the person stays at home as required.

Question 113

Impeachment

Answer 113

1. The process of calling a witness’s testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be “impeached;” 2. The constitutional process whereby the House of Representatives may “impeach” (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

Question 114

In camera

Answer 114

Latin, meaning in a judge’s chambers. Often means outside the presence of a jury and the public. In private.

Question 115

In forma pauperis

Answer 115

“In the manner of a pauper.” Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Question 116

Inculpatory evidence

Answer 116

Evidence indicating that a defendant did commit the crime.

Question 117

Indictment

Answer 117

The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.

Question 118

Information

Answer 118

A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Question 119

Injunction

Answer 119

A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Question 120

Insider (of corporate debtor)

Answer 120

A director, officer, or person in control of the debtor; a partnership 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 in control of the debtor.

Question 121

Insider (of individual debtor)

Answer 121

Any relative of the debtor or of a general partner of the debtor; partnership 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 in control.

Question 122

Interrogatories

Answer 122

A form of discovery consisting of written questions to be answered in writing and under oath.

Question 123

Issue

Answer 123

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

Question 124

Joint administration

Answer 124

A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)

Question 125

Joint petition

Answer 125

One bankruptcy petition filed by a husband and wife together.

Question 126

Judge

Answer 126

An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

Question 127

Judgeship

Answer 127

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

Question 128

Judgment

Answer 128

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Question 129

Judicial Conference of the United States

Answer 129

The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

Question 130

Jurisdiction

Answer 130

The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Question 131

Jurisprudence

Answer 131

The study of law and the structure of the legal system

Question 132

Jury

Answer 132

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.

Question 133

Jury instructions

Answer 133

A judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

Question 134

Lawsuit

Answer 134

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

Question 135

Lien

Answer 135

A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.

Question 136

Liquidated claim

Answer 136

A creditor’s claim for a fixed amount of money.

Question 137

Liquidation

Answer 137

The sale of a debtor’s property with the proceeds to be used for the benefit of creditors.

Question 138

Litigation

Answer 138

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Question 139

Magistrate judge

Answer 139

A judicial officer of a district court who conducts initial proceedings in criminal cases, decided criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decided civil cases with the consent of the parties.

Question 140

Means test

Answer 140

Section 707(b)(2) of the Bankruptcy Code applies a “means test” to determine whether an individual debtor’s chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor’s aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor’s nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

Question 141

Mental health treatment

Answer 141

Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.

Question 142

Misdemeanor

Answer 142

An offense punishable by one year of imprisonment or less. See also felony.

Question 143

Mistrial

Answer 143

An invalid trial, caused by fundamental error. When a mistrial is declared, the trail must start again with the selection of a new jury.

Question 144

Moot

Answer 144

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

Question 145

Motion

Answer 145

A request by a litigant to a judge for a decision on an issue relating to the case.

Question 146

Motion in Limine

Answer 146

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.

Question 147

Motion to lift the automatic stay

Answer 147

A request by a creditor to allow the creditor to take action against the debtor or the debtor’s property that would otherwise be prohibited by the automatic stay.

Question 148

No-asset case

Answer 148

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors’ unsecured claims.

Question 149

Nolo contendere

Answer 149

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilty for any other purpose.

Question 150

Nondischargeable debt

Answer 150

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. 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.

Question 151

Nonexempt assets

Answer 151

Property of a debtor that can be liquidated to satisfy claims of creditors.

Question 152

Objection to dischargeability

Answer 152

A trustee’s or creditor’s objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that dent arose because of the debtor’s fraud while acting as a fiduciary.

Question 153

Objection to exemptions

Answer 153

A trustee’s or creditor’s objection to the debtor’s attempt to claim certain property as exempt from liquidation by the trustee to creditors.

Question 154

Opinion

Answer 154

A judge’s written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. 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. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

Question 155

Oral argument

Answer 155

An opportunity for lawyers to summarize their position before the court and also to answer the judges’ questions.

Question 156

Panel

Answer 156

1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

Question 157

Parole

Answer 157

The release of a prison inmate - granted by the U.S. Parole Commission - after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

Question 158

Party in interest

Answer 158

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.

Question 159

Per curiam

Answer 159

Latin, meaning “for the court.” In appellate courts, often refers to an unsigned opinion.

Question 160

Peremptory challenge

Answer 160

A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.

Question 161

Petit jury (or trial jury)

Answer 161

A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.

Question 162

Petition

Answer 162

The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities

Question 163

Petition preparer

Answer 163

A business not authorized to practice law that prepares bankruptcy petitions.

Question 164

Petty offense

Answer 164

A federal misdemeanor punishable by six months or less in prison.

Question 165

Plaintiff

Answer 165

A person or business that files a formal complaint with the court.

Question 166

Plan

Answer 166

A debtor’s detailed description of how the debtor proposes to pay creditors’ claims over a fixed period of time.

Question 167

Plea

Answer 167

In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges. See also nolo contendere.

Question 168

Pleadings

Answer 168

Written statements filed with the court that describe a party’s legal or factual assertions about the case.

Question 169

Postpetition transfer

Answer 169

A transfer of the debtor’s property made after the commencement of the case.

Question 170

Prebankruptcy planning

Answer 170

The arrangement (or rearrangement) of a debtor’s property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically included converting nonexempt assets into exempt assets.)

Question 171

Precedent

Answer 171

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally “follow precedent” - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

Question 172

Preferential debt payment

Answer 172

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.

Question 173

Presentence report

Answer 173

A report prepared by a court’s probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

Question 174

Pretrial conference

Answer 174

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.

Question 175

Priority

Answer 175

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.

Question 176

Pretrial services

Answer 176

A function of the federal courts that takes place at the very start of the criminal justice process - after a person has been arrested and charged with a federal crime and before he or she goes to trial. 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. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

Question 177

Priority claim

Answer 177

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

Question 178

Pro per

Answer 178

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase “in propria persona.”

Question 179

Pro se

Answer 179

Representing oneself. Serving as one’s own lawyer.

Question 180

Pro tem

Answer 180

Temporary.

Question 181

Probation

Answer 181

Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

Question 182

Probation officer

Answer 182

Officers of the probation office of a court. Probation officer duties include conducting resentence investigations, preparing presentence reports on convicted defendants, and supervising releases defendants.

Question 183

Procedure

Answer 183

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Question 184

Proof of claim

Answer 184

A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)

Question 185

Property of the estate

Answer 185

All legal or equitable interests of the debtor in property as of the commencement of the case.

Question 186

Prosecute

Answer 186

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

Question 187

Reaffirmation agreement

Answer 187

An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.

Question 188

Record

Answer 188

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Question 189

Redemption

Answer 189

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. The debtor may then retain the property.

Question 190

Remand

Answer 190

Send back.

Question 191

Reverse

Answer 191

The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

Question 192

Sanction

Answer 192

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Question 193

Schedules

Answer 193

Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor’s assets, liabilities, and other financial information. (There are official forms a debtor must use.)

Question 194

Secured creditor

Answer 194

A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor’s collateral.

Question 195

Secured debt

Answer 195

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. Examples include home mortgages, auto loans and tax liens.

Question 196

Senior judge

Answer 196

A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court’s active judges. 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.

Question 197

Sentence

Answer 197

The punishment ordered by a court for a defendant convicted of a crime.

Question 198

Sentencing guidelines

Answer 198

A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

Question 199

Sequester

Answer 199

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Question 200

Service of process

Answer 200

The delivery of writs or summonses to the appropriate party.

Question 201

Settlement

Answer 201

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault.

Question 202

Small business case

Answer 202

A special type of chapter 11 case in which there is no creditors’ committee (or the creditors’ committee is deemed inactive by the court) and which the debtor is subject to more 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 in bankruptcy.

Question 203

Standard of proof

Answer 203

Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.” The majority of civil lawsuits require proof “by a preponderance of the evidence” (50 percent plus), but in some the standard is higher and requires “clear and convincing” proof.

Question 204

Statement of financial affairs

Answer 204

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

Question 205

Statement of intention

Answer 205

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

Question 206

Statute

Answer 206

A law passed by a legislature.

Question 207

Statute of limitations

Answer 207

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

Question 208

Sua sponte

Answer 208

Latin, meaning “of its own will.” Often refers to a court taking an action in a case without being asked to do so by either side.

Question 209

Subordination

Answer 209

The act or process by which a person’s rights or claims are ranked below those of others.

Question 210

Subpoena

Answer 210

A command, issued under a court’s authority, to a witness to appear and give testimony.

Question 211

Subpoena duces tecum

Answer 211

A command to a witness to appear and produce documents.

Question 212

Temporary restraining order

Answer 212

Akin to a preliminary injunction, it is a judge’s short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Question 213

Testimony

Answer 213

Evidence presented orally by witnesses during trials or before grand juries.

Question 214

Toll

Answer 214

See statute of limitations.

Question 215

Tort

Answer 215

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

Question 216

Transcript

Answer 216

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition

Question 217

Transfer

Answer 217

Any mode or means by which a debtor disposes of or parts with his/her property.

Question 218

Trustee

Answer 218

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee’s responsibilities include reviewing the debtor’s petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor’s plan, receiving payments from debtors, and disbursing plan payments to creditors.

Question 219

Typing service

Answer 219

A business not authorized to practice law that prepares bankruptcy petitions.

Question 220

U.S. attorney

Answer 220

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government’s attorneys in individual cases.

Question 221

U.S. trustee

Answer 221

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.

Question 222

Undersecured claim

Answer 222

A debt secured by property that is worth less than the amount of the debt.

Question 223

Undue hardship

Answer 223

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to pray the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.

Question 224

Unlawful detainer action

Answer 224

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.

Question 225

Unliquidated claim

Answer 225

A claim for which a specific value has not been determined.

Question 226

Unscheduled debt

Answer 226

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

Question 227

Unsecured claim

Answer 227

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor’s assessment of the debtor’s future ability to pay.

Question 228

Uphold

Answer 228

The appellate court agrees with the lower court decision and allows it to stand. See affirmed.

Question 229

Venue

Answer 229

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

Question 230

Verdict

Answer 230

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Question 231

Voir dire

Answer 231

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Question 232

Voluntary transfer

Answer 232

A transfer of a debtor’s property with the debtor’s consent.

Question 233

Wage garnishment

Answer 233

A non bankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have party of the debtor’s future wages paid to the creditor for a debt owed to the creditor.

Question 234

Warrant

Answer 234

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

Question 235

Witness

Answer 235

A person called upon by either side in a lawsuit to give testimony before the court or jury.

Question 236

Writ

Answer 236

A written court order directing a person to take, or refrain from taking, a certain act.

Question 237

Writ of certiorari

Answer 237

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.