Legal Terms Flashcards
1
Q
Acquittal
A
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.
2
Q
Active Judge
A
A judge in the full-time service of the court. Compare to senior judge.
3
Q
Admissible
A
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
4
Q
Adversary Proceeding
A
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 context of a bankruptcy case.
5
Q
Affidavit
A
A written or printed statement made under oath.
6
Q
Affirmed
A
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.
7
Q
Alternate Juror
A
A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
8
Q
Alternative Dispute Resolution (ADR)
A
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.
9
Q
Amicus Curiae
A
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 party to the case.
10
Q
Answer
A
The formal written statement by a defendant in a civil case that responds to a complain, articulating the grounds for defense.
11
Q
Appeal
A
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.”
12
Q
Appellant
A
The party who appeals a district court’s decision, usually seeking reversal of that decision.
13
Q
Appellate
A
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the US circuit courts of appeals review the decisions of the US district court.
14
Q
Appellee
A
The party who opposes an appellant’s appeal and who seeks to persuade the appeals court to affirm the district court’s decision.
15
Q
Arraignment
A
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.
16
Q
Article III Judge
A
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.
17
Q
Assets
A
Property of all kinds, including real and personal, tangible and intangible.
18
Q
Assume
A
An agreement to continue performing duties under a contract or lease.
19
Q
Automatic Stay
A
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
20
Q
Bail
A
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person’s appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
21
Q
Bankruptcy
A
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 US Bankruptcy Code.
22
Q
Bankruptcy Code
A
The informal name for title 11 of the US code, the federal bankruptcy law.
23
Q
Bankruptcy Court
A
The bankruptcy judges in regular active service in each district; a unit of the district court.
24
Q
Bankruptcy Estate
A
All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all the debtor’s property.
25
Bankruptcy Judge
A judicial officer of the US district court who is the court official with decision-making power over federal bankruptcy cases.
26
Bankruptcy Petition
A formal request for the protection of the federal bankruptcy laws.
27
Bankruptcy Trustee
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.
28
Bench Trial
A trial without a jury, in which the judge serves as the fact-finder.
29
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
30
Burden of Proof
The duty to prove disputed facts. In civil cases a plaintiff generally has the burden of proving his or her case.
31
Business Bankruptcy
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
32
Capital Offense
A crime punishable by death.
33
Case File
A complete collection of every document filed in court in a case.
34
Case Law
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
35
Caseload
The number of cases handled by a judge or a court.
36
Cause of Action
A legal claim
37
Chambers
The offices of a judge and his or her staff.
38
Chapter 11
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.
39
Chapter 13
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 3-5 years.
40
Chapter 7
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 be eligible for Chapter 7, the debtor 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.
41
Chapter 9
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.)
42
Chief Judge
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
43
Claim
A creditor's assertion of a right to payment from a debtor or the debtor's property.
44
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. 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.
45
Clerk of Court
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.
46
Collateral
Property that is promised as security for the satisfaction of a debt.
47
Common Law
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.
48
Community Service
A special condition the court imposes that requires an individual to work - without pay - for a civic or nonprofit organization.
49
Concurrent Sentence
Prison terms for two or more offenses to be served at the same time, rather than one after the other.
50
Confirmation
Approval of a plan of reorganization by a bankruptcy judge.
51
Consecutive Sentence
Prison terms for two or more offenses to be served one after the other.
52
Consumer Bankruptcy
A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
53
Consumer Debts
Debts incurred for personal, as opposed to business needs.
54
Contingent Claim
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.
55
Contract
An agreement between two or more people that creates an obligation to do or not to do a particular thing.
56
Conviction
A judgment of guilt against a criminal defendant.
57
Counsel
Legal advice. A term also used to refer to the lawyers in a case.
58
Count
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.
59
Court
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."
60
Court Reporter
A person who makes 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.
61
Credit Counseling
Generally refers to two events in individual bankruptcy cases. Courses in financial management.
62
Creditor
A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
63
Damages
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).
64
De Facto
Latin meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.
65
De Jure
Latin meaning "in law." Something that exists by operation of law.
66
De Novo
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.
67
Debtor
A person who has filed a petition for relief under the Bankruptcy Code.
68
Debtor's Plan
A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
69
Declaratory Judgment
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.
70
Default Judgment
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.
71
Defendant
An individual or business again whom a lawsuit is filed. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
72
Deposition
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.
73
Discharge
A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to discharge ability are taxes and student loans.
74
Disclosure Statement
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.
75
Discovery
Procedures used to obtain disclosure of evidence before trial.
76
Dismissal with Prejudice
Court action that prevents an identical lawsuit from being filed later.
77
Dismissal with Prejudice
Court action that allows the later filing.
78
Disposable Income
Income not reasonably necessary for the maintenance or support of the debtor or dependents.
79
Docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
80
Due Process
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.
81
En Banc
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.
82
Equity
The value of a debtor's interest in property that remains after liens and other creditors interests are considered.
83
Evidence
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide a case.
84
Ex Parte
A proceeding brought before a court by one party only, without notice to or challenge by the other side.
85
Exclusionary Rule
Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
86
Exculpatory Evidence
Evidence indicating that a defendant did not commit the crime.
87
Executory Contracts
Contracts or leases which both parties to agreement have duties remain to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).
88
Exempt Assets
Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
89
Face Sheet Filing
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).
90
Family Farmer
An individual, spouse, corporation, or partnership engaged in a farming operation that meets criteria for Chapter 12.
91
Felony
A serious crime usually punishable by at least one year in prison.
92
File
To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
93
Fraudulent Transer
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.
94
Grand Jury
A body of 16-23 citizens who listen to evidence of criminal allegations and determine if there is probable cause that an individual committed an offense. See also Indictment
95
Habeas Corpus
Latin meaning "you have the body." A writ of habeas corpus is a judicial order forcing law authorities to produce a prisoner they're holding and justify the prisoner's continued confinement.
96
Hearsay
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is not generally admissible as evidence.
97
Impeachment
The process of calling a witness's testimony into doubt.
98
In Camera
Latin, meaning the judge's chambers.
99
In Forma Pauperis
"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.
100
Inculpatory Evidence
Evidence indicating that a defendant did commit the crime.
101
Indictment
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. Used primarily for felonies.
102
Information
A formal accusation by a government attorney that the defendant committed a misdemeanor.
103
Injunction
A court order preventing one or more named parties from taking some action.
104
Interrogatories
A form of discovery consisting of written questions to be answered in writing and under oath.
105
Issue
The disputed point between parties in a lawsuit. To send out officially, as in a court issuing an order.
106
Joint Administration
A court-approved mechanism under which tow or more cases can be administered together.
107
Judgment
The official decision of a court finally resolving the dispute between the parties to the lawsuit.
108
Jurisdiction
The legal authority of a court to hear and decide a certain type of case. Also a synonym for venue.
109
Jurisprudence
The study of law and the structure of the legal system.
110
Jury
The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.
111
Jury Instructions
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.
112
Lawsuit
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.
113
Litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
114
Magistrate Judge
A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
115
Mental Health Treatment
Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric counseling and medication.
116
Mistrial
An invalid trial caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
117
Moot
Not subject to a court ruling because the controversy has not actually risen or has ended.
118
Motion
A request by a litigant to a judge for a decision on an issue relating to the case.
119
Motion in Limine
A pretrial motion requesting the court to prohibiting the other side from presenting because subject matter is so prejudicial that the judge cannot prevent the jury from being influenced.
120
Nolo Contendere
No contest. A plea of solo contenders has the same effect as a plea of guilty as far as the criminal sentence is concerned, but my not be considered as an admission of guilt for any other purpose.
121
Opinion
A judge's written explanation of the decision of the court.
122
Oral Argument
An opportunity for lawyers to summarize their position before the court and also to answer the judge's questions.
123
Parole
The release of a prison inmate after he/she has completed part or all a sentence in a federal prison. Parolee is placed under supervision of a 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.
124
Per Curiam
Latin meaning "for the court."
125
Peremptory Challenge
A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without giving a reason.
126
Petition
A petition is a legal document formally requesting a court order. Petitions, along with complaints, are considered pleadings at the onset of a lawsuit.
127
Acknowledgement
The signature of a clerk or attorney certifying that the person signing the document has signed by his or or free act and for the purposes therein.
128
Action
AKA a case or lawsuit. A civil judicial proceeding where one party sues another for a wrong done.
129
Adjournment
Postponement of a court session until another time or place.
130
Adjudication
A decision or sentence imposed by a judge.
131
Adjudication Hearing
Juvenile court proceeding to determine whether the allegations made in a petition are true and whether the youth should be subject to orders of the court.
132
Adult Court Transfer
The transfer of juveniles to regular criminal dockets. Involves transferring from a juvenile detention center to the state department of correction.
133
Affirmation
Declaring something to be true under oath.
134
Affidavit
A written statement made under oath.
