oral argument - An opportunity for lawyers to summarize their position before the court in an appeal and also to answer the judges' questions. See also grand jury. inculpatory evidence - Evidence which tends to show the defendant’s guilt. pleadings - Written statements of the parties in a civil case of their positions. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court. Search warrants require probable cause in order to be issued. 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. default judgment - A judgment rendered because of the defendant's failure to answer or appear. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. 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. complaint - A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. statement - A description that a witness gives to the police and that the police write down. If all the judges completely agree on the result, one judge will write the opinion for all. A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. A person or business that files a formal complaint with the court. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. Debts incurred for personal, as opposed to business, needs. Typically, the judge and the parties also discuss the possibility of settlement of the case. reporter - Makes a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions. 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. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. The law as established in previous court decisions. Something that exists in fact but not as a matter of law. Grand jury proceedings are closed to the public, and the person suspected of having committed the crime is not entitled to be present or have an attorney present. In civil cases, a plaintiff generally has the burden of proving his or her case. An invalid trial, caused by fundamental error. A request by a litigant to a judge for a decision on an issue relating to the case. For example, hearsay is often admissible during the preliminary hearing but not at trial. In a jury trial, the jury decides the facts. interview - A meeting with the police or prosecutor. A prosecutor tries a criminal case on behalf of the government. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you! An individual (or business) against whom a lawsuit is filed. evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. counterclaim - A claim that a defendant makes against a plaintiff. A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Federal juries for civil suits must have six jurors criminal suits must have twelve. 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). Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. The duty to prove disputed facts. Government entity authorized to resolve legal disputes. court - Government entity authorized to resolve legal disputes. nolo contendere - No contest. 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. probable cause - An amount of suspicion leading one to believe certain facts are probably true. appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. 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. The reference experts at Merriam-Webster guide you through the legalese. A proceeding brought before a court by one party only, without notice to or challenge by the other side. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. See also precedent. 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. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Glossary of Legal Terms. 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. 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. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer. States are not required to use grand juries, but the federal government must do so under the Constitution. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.". 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. A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases. One bankruptcy petition filed by a husband and wife together. 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. Such a plea is often made for purposes of negotiating a deal with the prosecutor for lesser charges or a sentence. court - Government entity authorized to resolve legal disputes. federal question - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit. Administrative notices are no longer used by the Court. Pertaining to civil suits in "equity" rather than in "law." Federal criminal juries consist of 12 persons. An official of the Judicial branch with authority to decide lawsuits brought before courts. A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. Build a city of skyscrapers—one synonym at a time. Serving as one's own lawyer. A guilty plea allows the defendant to forego a trial. In federal courts, the principal pleadings are the complaint and the answer. (There is an official form for this purpose.). service of process - The service of writs or summonses to the appropriate party. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. Court action that allows the later filing. issue - (1) The disputed point in a disagreement between parties in a lawsuit. The number of cases handled by a judge or a court. The offices of a judge and his or her staff. Appellate review de novo implies no deference to the trial judge's ruling. To send out officially, as in a court issuing an order. Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. 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. 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