Legal Terms - uscourts.gov glossary Flashcards
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.
Acquittal
A judge in the full - time service of the court
Active Judge
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.
Administrative Office of the United States Courts
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Admissible
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.
Adversary Proceeding
A written or printed statement made under oath.
Affidavit
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.
Affirmed
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.
Alternate juror
A procedure for settling a dispute outside the courtroom. (without going to trial) Most forms of this are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Alternative dispute resolution
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.
Amicus Curiae
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Answer
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.
Appeal
The party who appeals a district court’s decision, usually seeking reversal of that decision
Appellant
About appeals. A court that has the power to review the judgement of a lower court or tribunal.
Appellate
The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.
Appellee
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.
Arraignment
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.
Article III Judge
Property of all kinds, including real and personal, tangible and intangible.
Assets
An agreement to continue performing duties under a contract or lease
Assume
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
Automatic Stay
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. Can also refer to the amount of bond money posted as a financial condition of pretrial release.
Bail
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.
Bankruptcy
An officer of the Judiciary serving 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.
Bankruptcy Administrator
The informal name for title 11 of the United States Code
Bankruptcy Code
The bankruptcy judges in regular active service in each district. a unit of the district court
Bankruptcy court
All property in which the debtor has an interest at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor’s property.
Bankruptcy estate
A Judicial officer of the United States district court who is the court official with decision - making power over federal bankruptcy cases
Bankruptcy Judge
A formal written application to a court that initiates a bankruptcy case.
Bankruptcy petition
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.
Bankruptcy trustee
A trial without a jury, in which the judge serves as the fact - finder
Bench trial
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Brief
The duty of the plaintiff (in civil cases) or the government (in criminal cases) to prove disputed facts.
Burden of proof
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
Business Bankruptcy
A crime punishable by death
Capital offense
A complete collection of every document filed in court relating to a particular case
Case File
The law as established by the outcome of former cases/previous court decisions. A synonym for legal precedent.
Case law
The number of cases handled by a judge or a court
Caseload
A legal claim
Cause of Action
The offices of a judge and his or her staff
Chambers
A reorganization bankruptcy, usually involving a corporation or partnership. Debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time.
Chapter 11
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
Chapter 12
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. Allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Chapter 13
Chapter 13 Trustee
The chapter of the Bankruptcy Code dealing with cases of cross - border insolvency.
Chapter 15
Chapter 7
Chapter 7 Trustee
Chapter 9
The judge who has primary responsibility for the administration of a court. Determined by seniority.
Chief Judge
