The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Typically, the judge and the parties also discuss the possibility of settlement of the case. English legal terms are full of Latin words and phrases. "Not Guilty," the defendent disagrees with the indictment and the Prosecutor is now tasked with proving the accusation in court. Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. NOT GUILTY 1. AD DAMNNUM Latin for “to the damage.” A formal claim for damages in a pleading: typically a clause of a pleading alleging amount of loss or injury from the defendant. A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time. 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. The offices of a judge and his or her staff. 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. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator. 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. DAMAGES The money awarded by a court to a claimant as compensation or imposed as a punishment for a financial loss or injury to person, property or rights. eval(ez_write_tag([[300,250],'myenglishteacher_eu-medrectangle-3','ezslot_1',662,'0','0']));ACCESSORY A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed. 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. An a fortiori argument is an "argument from a stronger reason", meaning that, … This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Nolo contendere. [On the phone]: Hello, this is Rebecca speaking. 2. 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. 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. In criminal cases, the government has the burden of proving the defendant's guilt. 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 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. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.". The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. Sometimes juries are sequestered from outside influences during their deliberations. Not subject to a court ruling because the controversy has not actually arisen, or has ended. Take these words for example: alibi (ah-lee-bee; elsewhere, at another place). A complete collection of every document filed in court in a case. Here are ten of the most common. A procedure for settling a dispute outside the courtroom. The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7. To separate. When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services.eval(ez_write_tag([[300,250],'myenglishteacher_eu-mobile-leaderboard-2','ezslot_18',677,'0','0'])); SMALL CLAIMS COURT A special court that handles expeditious and inexpensive civil claims for small amounts of money. (There is an official form for this purpose.). Article III judges are nominated by the President and confirmed by the Senate. Common Legal English Phrasal Verbs; Lawyers frequently use phrasal verbs as part of their day to day work. Property of all kinds, including real and personal, tangible and intangible. A trial de novo is a completely new trial. Only the majority opinion can serve as binding precedent in future cases. 2,000 English Phrases and Sayings - each one explained. 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. RECORD All the documents, evidence and transcripts of oral proceedings in a case. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary. Lexis automatically interprets many common legal phrases, such as limited liability partnership or summary judgment, as phrases, rather than as individual search terms.However, if you want to be sure a phrase you are searching for is interpreted as a phrase, enclose it in quotation marks. Common Legal Phrases. Roadways to the Federal Bench: Who Me? A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified. The estate technically becomes the temporary legal owner of all of the debtor's property. Procedures used to obtain disclosure of evidence before trial. English legal terms are full of Latin words and phrases. It’s also a common phrase when answering the phone. Legal Latin Phrases and Maxims1 A mensa et thoro - From bed and board. FOURTH AMENDMENT The 4th Amendment of the U.S. Constitution protects United States citizens from searches and seizures which are not based on probable cause. 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. The act of a court setting aside the decision of a lower court. How can I help you? 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. An invalid trial, caused by fundamental error. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. 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. 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). The short declaration at the end of a writing showing that the instrument was duly executed and acknowledged. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. A formal request for the protection of the federal bankruptcy laws. An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. While strides have been made to translate legal writing into plain English, you’ll still see old Latin phrases thrown into legal contracts every now and then. The position of judge. See also COMPENSATORY DAMAGES, PUNITIVE DAMAGES. A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). Notable exceptions to dischargeability are taxes and student loans. Attorneys who appear as the government's attorneys in individual cases. 2. Formal and Informal Email Phrases – from Greetings to Closing Phrases! Simple Subject and Predicate, Examples & Worksheets. Mens rea. A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. A written or printed statement made under oath. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. A transfer of a debtor's property with the debtor's consent. A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. [with] the defendant being absent: Legal phrase denoting action "in the absence of the accused." About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. Parties to a lawsuit resolve their dispute without having a trial. A serious crime, usually punishable by at least one year in prison. To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars. A defendant in a criminal proceeding.eval(ez_write_tag([[300,250],'myenglishteacher_eu-box-4','ezslot_8',660,'0','0'])); ACKNOWLEDGMENT 1. Every law school student is required to learn this, so they pick it up over their years in law school, use it in their professional lives daily and eventually might not even realise they are using it. A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases. We gathered and summarized these terms from various sources. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.). PLEA BARGAIN 1. absit iniuria: absent from injury: i.e., "no offense," meaning to wish that no insult or injury be presumed or done by the speaker's words. Acquittal is a noun which is distinguished from the verb “acquit.”. Accumulation reinvesting income generated by a fund back into the fund. No contest. LATIN LEGAL PHRASES EXPLAINED. 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. Also known as DEATY PENALTY. WARRANT Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. A person who has filed a petition for relief under the Bankruptcy Code. By choosing to read the text below you, the reader, scienter relinquish any right to use these maxims for any purpose other than personal use … I you liked it please leave a comment below! The geographic area in which a court has jurisdiction. 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. While some think that legalese may confuse and alienate their clients and laypeople, there are others who remain firm propo… 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. The party who files the caveat is known as the caveator. Several of these terms are so common, you use them today without any problem or confusion. Latin for "friend of the court." The bankruptcy judges in regular active service in each district; a unit of the district court. See also indictment and U.S. attorney. A debt that should have been listed by the debtor in the schedules filed with the court but was not. A Bankruptcy Judge? 1. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate. The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (See standard of proof.). Pertaining to civil suits in "equity" rather than in "law." Here’s our list of essential Italian phrases, organized thematically for different situations that you’ll encounter on your trip. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. The offices of a … CAPITAL CRIME A crime punishable by a life sentence in prison or death. A prosecutor tries a criminal case on behalf of the government. Several of these terms are so common, you use them today without any problem or confusion. The delivery of writs or summonses to the appropriate party. The form of verdict in criminal cases where the judge or jury finds that the prosecution has not proven the defendant to be guilty of a crime beyond a reasonable doubt or that the accused was insane at the time the crime was committed. A debtor may still be responsible for a lien after a discharge. To make such a request is "to appeal" or "to take an appeal." Something that exists by operation of law. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. 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. Below is a list of some of the more common Latin or legal phrases that one might encounter in a lawsuit: Common Latin Phrases in Law. Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. 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. ACCOMPLICE One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime as a principal, accessory, or aider or abettor. Also known as MIRANDA WARNING. All interests of the debtor in property at the time of the bankruptcy filing. Tech Republic. Participants (plaintiffs and defendants) in lawsuits are called litigants. ADDITUR An increase by the court in the amount of damages awarded by a jury. 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. Latin, meaning "in law." The official decision of a court finally resolving the dispute between the parties to the lawsuit. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. If you work in customer service, you’ll use this phrase a lot. 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. ADDITUR Individuals or people in business can also seek relief in Chapter 11. The judge issued a caveat to the defense attorney to keep his questions simple. 34. A term used to differentiate two kinds of knowledge, arguments or justifications. CLA - Certified Legal Assistant Code Civil - The law of the State of Louisiana code - Collection of laws or statutes by subject matter codicil - An addition or change in a will common law - The law based upon custom, usage and judicial decision community property - Property owned in common … In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Examples include home mortgages, auto loans and tax liens. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.). This principle requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove their innocence. A reversal is often accompanied by a remand to the lower court for further proceedings. This Glossary of Common Court, Tribunal and Legal Terms for Interpreters was developed to provide court interpreters with common legal terms and their definitions to assist them in performing the specialist task of court interpreting.It was created by a special task force funded by the Australian Queensland Government. Federal civil juries consist of at least six persons. 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. 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. (There are official forms a debtor must use.). The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority. Nevertheless, there are common terms that people may hear in or around the courtroom more often than others. 1. Appellate review de novo implies no deference to the trial judge's ruling. Degree of proof required. A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. See also indictment. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. 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). 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. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. A judge's statement about someone's rights. A command, issued under a court's authority, to a witness to appear and give testimony. "Guilty," the defendent agrees with the indictment and will not contest it in the legal proceeding. See also information. Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Start studying Common Legal Phrases. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. In civil cases, a plaintiff generally has the burden of proving his or her case. A civil, not criminal, wrong. Usually involves the defendant’s pleading guilty to a lesser offense or to a lesser number of offenses. §§ 101-1330), the federal bankruptcy law. Latin, meaning "of its own will." We also get your email address to automatically create an account for you in our website. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. 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. Legal Latin phrases ... common law and Court TV. A business not authorized to practice law that prepares bankruptcy petitions. RETAINER 1. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. TV.com. 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. How … The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. A release of a debtor from personal liability for certain dischargeable debts. Accused the person charged with a criminal offence. ACTION Case, cause, suit or controversy disputed or contested before a court of justice. In private. The duty to prove disputed facts. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court. Often referred to as a TRO. CAVEAT 1. VERDICT The opinion of a jury, or a judge where there is no jury, on the factual issues of a case. A trial without a jury, in which the judge serves as the fact-finder. In contract law, a release, absolution, or discharge from an obligation, liability, or engagement. 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 legal claim. 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. In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). 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. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. DOUBLE JEOPARDY The constitutional prohibition under the Fifth (5th) Amendment against a person being put on trial more than once for the same offense after acquittal or conviction or multiple punishments for the same offense. A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. A negligent or intentional injury against a person or property, with the exception of breach of contract. 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. An oral statement made before an officer authorized by law to administer oaths. 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