U.S. Courts terms
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| 341 meeting | show 🗑
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| Acquittal | show 🗑
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| Active Judge | show 🗑
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| Administrative Office of the United States Courts (AO) | show 🗑
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| show | A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
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| show | 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
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| show | A written or printed statement made under oath.
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| Affirmed | show 🗑
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| Alternate Juror | show 🗑
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| Alternative Dispute Resolution (ADR) | show 🗑
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| Amicus Curiae | show 🗑
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| Answer | show 🗑
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| Appeal | show 🗑
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| show | The party who appeals a district court's decision, usually seeking reversal of that decision.
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| show | 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.
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| show | The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
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| Arraignment | show 🗑
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| show | 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.
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| show | Property of all kinds, including real and personal, tangible and intangible.
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| show | An agreement to continue performing duties under a contract or lease.
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| show | An injunction that automatically stops lawsuits, foreclosure, garnishments, and most collection activity against the debtor the moment a bankruptcy petition is filed.
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| show | 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.
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| show | 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).
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| show | An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the US trustee, is responsible for supervising the administration of bankruptcy cases
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| show | The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.
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| Bankruptcy court | show 🗑
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| show | 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.
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| show | A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.
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| Bankruptcy petition | show 🗑
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| Bankruptcy trustee | show 🗑
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| Bench Trial | show 🗑
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| Brief | show 🗑
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| Burden of Proof | show 🗑
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| Business bankruptcy | show 🗑
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| show | A crime punishable by death.
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| Case File | show 🗑
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| show | The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
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| Caseload | show 🗑
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| show | A legal claim.
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| Chambers | show 🗑
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| show | 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, debtor must satisfy a "means test."
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| show | A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors.
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| Chapter 9 | show 🗑
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| show | A reorganization bankruptcy, usually involving a corporation or partnership. A debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time.
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| show | The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Bankruptcy Code.
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| Chapter 13 | show 🗑
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| show | The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
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| Chief judge | show 🗑
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| Claim | show 🗑
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| show | A lawsuit in which one or more members of a large group of individuals or other entities sue on behalf of the entire group. District court must find that the claims contain questions of law or fact in common before the lawsuit can proceed.
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| show | 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.
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| show | Property that is promised as security for the satisfaction of a debt.
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| Common law | show 🗑
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| show | special condition the court imposes that requires an individual to work–without pay–for a civic or nonprofit organization.
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| show | A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
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| Concurrent sentence | show 🗑
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| show | Approval of a plan of reorganization by a bankruptcy judge.
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| show | 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.
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| Consumer bankruptcy | show 🗑
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| show | Debts incurred for personal, as opposed to business, needs.
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| show | 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.
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| Contract | show 🗑
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| Conviction | show 🗑
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| show | Legal advice; a term also used to refer to the lawyers in a case.
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| show | 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."
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| Court reporter | show 🗑
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| show | 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.
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| show | A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
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| Damages | show 🗑
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| Debtor | show 🗑
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| show | A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
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| Declaratory Judgment | show 🗑
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| De Facto | show 🗑
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| Default Judgment | show 🗑
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| show | In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
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| De Jure | show 🗑
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| De Novo | show 🗑
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| show | 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.
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| show | A release of a debtor from personal liability for certain debts. Notable exceptions are taxes and student loans. Releases debtor from personal liability for certain debts & prevents creditors from taking any action against the debtor.
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| Dischargeable debt | show 🗑
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| show | 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.
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| Discovery | show 🗑
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| Dismissal with Prejudice | show 🗑
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| show | Court action that allows the later filing.
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| Disposable income | show 🗑
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| show | A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
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| Due Process | show 🗑
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| En Banc | show 🗑
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| show | 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.)
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| Evidence | show 🗑
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| Exclusionary Rule | show 🗑
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| Exculpatory Evidence | show 🗑
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| Executory contracts | show 🗑
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| show | Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
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| Exemptions, exempt property | show 🗑
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| show | A proceeding brought before a court by one party only, without notice to or challenge by the other side.
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| Face sheet filing | show 🗑
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| Family farmer | show 🗑
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| show | 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.
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| Federal question jurisdiction | show 🗑
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| Felony | show 🗑
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| show | To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
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| show | 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.
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| Fresh start | show 🗑
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| show | 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.
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| show | 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.
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| show | 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.
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| show | Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.
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| Inculpatory Evidence | show 🗑
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| Indictment | show 🗑
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| show | "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.
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| Information | show 🗑
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| show | 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.
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| Insider (of corporate debtor) | show 🗑
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| Insider (of individual debtor) | show 🗑
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| Interrogatories | show 🗑
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| Issue | show 🗑
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| show | 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.)
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| Joint petition | show 🗑
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| Judge | show 🗑
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| show | The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.
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| show | The official decision of a court finally resolving the dispute between the parties to the lawsuit.
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| show | The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.
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| Jurisdiction | show 🗑
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| show | The study of law and the structure of the legal system.
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| show | The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.
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| Jury instructions | show 🗑
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| Lawsuit | show 🗑
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| Lien | show 🗑
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| Litigation | show 🗑
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| show | A sale of a debtor's property with the proceeds to be used for the benefit of creditors.
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| Liquidated claim | show 🗑
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| show | 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
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| Means test | show 🗑
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| Mental Health Treatment | show 🗑
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| Misdemeanor | show 🗑
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| show | An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
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| show | Not subject to a court ruling because the controversy has not actually arisen, or has ended.
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| Motion | show 🗑
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| Motion to lift the automatic stay | show 🗑
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| show | 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.
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| show | A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.
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| show | 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 guilt for any other purpose.
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| Nondischargeable debt | show 🗑
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| Objection to dischargeability | show 🗑
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| Objection to exemptions | show 🗑
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| Opinion | show 🗑
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| show | An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
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| Panel | show 🗑
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| Parole | show 🗑
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| Per Curiam | show 🗑
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| show | 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.
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| show | 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.
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| show | 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.
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| show | A federal misdemeanor punishable by six months or less in prison.
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| show | A person or business that files a formal complaint with the court.
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| Plan | show 🗑
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| show | In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
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| Pleadings | show 🗑
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| Postpetition transfer | show 🗑
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| Prebankruptcy planning | show 🗑
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| show | 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 simil
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| Preferential debt payment | show 🗑
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| show | 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.
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| show | 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 se
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| Pretrial services | show 🗑
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| show | 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.
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| show | 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.
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| show | 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 abid
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| Probation officer | show 🗑
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| show | The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
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| Proof of claim | show 🗑
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| show | A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
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| show | All legal or equitable interests of the debtor in property as of the commencement of the case.
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| show | Representing oneself. Serving as one's own lawyer.
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| show | To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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| Pro Tem | show 🗑
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| show | 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.
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| show | A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
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| Redemption | show 🗑
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| show | Send back.
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| Reverse | show 🗑
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| show | A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
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| show | 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.)
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| Secured creditor | show 🗑
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| Secured debt | show 🗑
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| show | 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 muc
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| show | The punishment ordered by a court for a defendant convicted of a crime.
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| show | 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.
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| Service of process | show 🗑
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| Settlement | show 🗑
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| Sequester | show 🗑
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| Statement of financial affairs | show 🗑
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| show | A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
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| Standard of Proof | show 🗑
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| show | A law passed by a legislature.
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| show | 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.
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| Sua Sponte | show 🗑
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| show | The act or process by which a person's rights or claims are ranked below those of others.
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| show | A command, issued under a court's authority, to a witness to appear and give testimony.
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| show | A command to a witness to appear and produce documents.
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| Substance abuse treatment | show 🗑
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| show | The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.
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| show | Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also
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| Summary judgment | show 🗑
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| Supervised Release | show 🗑
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| show | 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.
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| Testimony | show 🗑
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| Toll | show 🗑
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| Tort | show 🗑
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| Transfer | show 🗑
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| show | 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.
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| show | 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
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| show | A business not authorized to practice law that prepares bankruptcy petitions.
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| show | 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.
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| U.S. trustee | show 🗑
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| Undersecured claim | show 🗑
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| Undue hardship | show 🗑
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| Unlawful detainer action | show 🗑
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| Unliquidated claim | show 🗑
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| Unscheduled debt | show 🗑
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| show | 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.
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| Uphold | show 🗑
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| show | 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.
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| show | 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.
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| Voir Dire | show 🗑
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| show | A transfer of a debtor's property with the debtor's consent.
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| Wage garnishment | show 🗑
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| show | Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
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| show | A person called upon by either side in a lawsuit to give testimony before the court or jury.
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