term in law

A judgment of guilt against a criminal defendant. meant "one within or restored to the protection and benefit of the law" (opposite of an outlaw), from a verb inlauen, from Old English inlagian "reverse sentence of outlawry." 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. An allegation in an indictment or information, charging a defendant with a crime. 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 in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. 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. discovery - Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Parties to a lawsuit resolve their dispute without having a trial. 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. Any relative of the debtor or of a general partner of the debtor; partnership inwhich 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. 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. 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. verdict - The decision of a petit jury or a judge. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. 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. felony - A crime carrying a penalty of more than a year in prison. (2) To send out officially, as in to issue an order. An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. uphold - The decision of an appellate court not to reverse a lower court decision. defense table - The table where the defense lawyer sits with the defendant in the courtroom. 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. A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. To separate. jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. opinion - A judge's written explanation of a decision of the court. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. Alford plea - A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. sentence - The punishment ordered by a court for a defendant convicted of a crime. A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. 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. A denial of “cert” by the Supreme Court allows the previous ruling to stand. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. injunction - An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Debts incurred for personal, as opposed to business, needs. Please tell us where you read or heard it (including the quote, if possible). The law as established in previous court decisions. 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. federal question - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. A request by a litigant to a judge for a decision on an issue relating to the case. The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Federal civil juries consist of six persons. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator. affidavit - A written statement of facts confirmed by the oath of the party making it. 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. witness - A person called upon by either side in a lawsuit to give testimony before the court or jury. A prisoner wanting to argue that there is not sufficient cause to be imprisoned would file a writ of habeas corpus. 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. Use it free! 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. A command, issued under a court's authority, to a witness to appear and give testimony. One who appeals is called the "appellant;" the other party is the "appellee.". This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. 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. In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). Serving as one's own lawyer. Government entity authorized to resolve legal disputes. The position of judge. In private. The debtor may then retain the property. 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. allegation - Something that someone says happened. information - A formal accusation by a government attorney that the defendant committed a misdemeanor. Sometimes juries are sequestered from outside influences during their deliberations. The term 'disposition' has two distinct legal meanings: when used in the context of litigation it refers to a court's final determination of a case or issue; when used in relation to property it refers to the act of transferring or relinquishing of that property to another's care or possession usually by deed or will. file - To place a paper in the official custody of the clerk of court to enter into the files or records of a case. The decision is based on whether these individuals are likely to flee or pose a threat to the community. An offense punishable by one year of imprisonment or less. The time within which a lawsuit must be filed or a criminal prosecution begun. 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 proceeding brought before a court by one party only, without notice to or challenge by the other side. Other precedents need not be followed by the court but can be considered influential. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. 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. service of process - The service of writs or summonses to the appropriate party. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. 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. objection - A protest by an attorney, challenging a statement or question made at trial. 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. grand jury - A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. hearsay - Statements by a witness who did not see or hear the incident in question but learned about it through secondhand information such as another’s statement, a newspaper, or a document. 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). continuance - Decision by a judge to postpone trial until a later date. The jury pool is randomly selected from a source such as voter registration banks. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. litigation - A case, controversy, or lawsuit. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing.

Ruger Blackhawk 357 Stainless, Wild Rice Restaurant, Talk A Hole In Your Head Meaning, Who Is Vogue Williams Married To, Aley Meaning, Coconut Plant, Cat People Criterion, University Of San Francisco Education,