U.S. Courts terms
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| show | In a bankruptcy proceeding, a meeting of creditors at which the debtor is questioned under oath by creditors, a trustee, an examiner, or the U.S. Trustee about his or her financial affairs.
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| show | 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.
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| show | A judge in the full-time service of the court. Compare to senior judge.
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| Administrative Office of the United States Courts (AO) | show 🗑
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| Admissible | show 🗑
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| Adversary proceeding | show 🗑
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| Affidavit | show 🗑
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| show | 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.
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| show | 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.
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| show | A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding on the parties, and involve referral of the case to a neutral party such as an arbitrator or mediator.
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| show | 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.
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| Answer | show 🗑
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| show | 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.
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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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| show | 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.
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| Article III Judge | show 🗑
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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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| Automatic stay | show 🗑
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| Bail | show 🗑
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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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| Bankruptcy code | show 🗑
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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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| Bankruptcy judge | show 🗑
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| show | A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)
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| Bankruptcy trustee | show 🗑
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| Bench Trial | show 🗑
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| show | A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
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| Burden of Proof | show 🗑
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| Business bankruptcy | show 🗑
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| Capital offense | show 🗑
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| Case File | show 🗑
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| Case Law | show 🗑
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| Caseload | show 🗑
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| Cause of Action | show 🗑
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| show | The offices of a judge and his or her staff.
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| Chapter 7 | show 🗑
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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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| show | 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).
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| Chapter 11 | show 🗑
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| Chapter 12 | show 🗑
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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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| show | The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
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| Claim | show 🗑
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| Class Action | show 🗑
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| Clerk of Court | show 🗑
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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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| Complaint | show 🗑
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| Concurrent sentence | show 🗑
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| Confirmation | show 🗑
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| Consecutive sentence | show 🗑
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| show | A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
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| Consumer debts | show 🗑
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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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| show | A judgment of guilt against a criminal defendant.
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| Counsel | show 🗑
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| Court | show 🗑
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| show | A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.
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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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| show | A person who has filed a petition for relief under the Bankruptcy Code. defendant An individual (or business) against whom a lawsuit is filed.
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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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| show | Latin, meaning "in law." Something that exists by operation of law.
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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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| Discharge | show 🗑
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| show | A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.
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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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| show | Court action that prevents an identical lawsuit from being filed later.
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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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| show | French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.
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| Equity | show 🗑
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| Evidence | show 🗑
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| show | Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
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| show | Evidence indicating that a defendant did not commit the crime.
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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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| show | Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors.
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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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| show | A serious crime, usually punishable by at least one year in prison.
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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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| Fraudulent transfer | show 🗑
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| show | The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)
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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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| Habeas Corpus | show 🗑
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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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| In forma pauperis | show 🗑
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| show | A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
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| Injunction | show 🗑
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| Insider (of corporate debtor) | show 🗑
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| Insider (of individual debtor) | show 🗑
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| show | A form of discovery consisting of written questions to be answered in writing and under oath.
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| show | 1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.
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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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| show | One bankruptcy petition filed by a husband and wife together.
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| show | An official of the judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
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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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| Judgment | show 🗑
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| Judicial Conference of the United States | show 🗑
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| Jurisdiction | show 🗑
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| Jurisprudence | show 🗑
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| Jury | show 🗑
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| Jury instructions | show 🗑
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| show | A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
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| show | A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
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| Litigation | show 🗑
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| Liquidation | show 🗑
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| show | A creditor's claim for a fixed amount of money.
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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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| Moot | show 🗑
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| show | A request by a litigant to a judge for a decision on an issue relating to the case.
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| show | 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.
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| Motion in Limine | show 🗑
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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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| Nolo contendere | show 🗑
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| Nondischargeable debt | show 🗑
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| show | Property of a debtor that can be liquidated to satisfy claims of creditors.
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| Objection to dischargeability | show 🗑
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| Objection to exemptions | show 🗑
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| show | A judge's written explanation of the decision of the court. 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. If all the judges completely agree on the result, one judge
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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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| show | 1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for cr
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| show | The release of a prison inmate–granted by the U.S. Parole Commission–after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probati
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| Per Curiam | show 🗑
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| Peremptory Challenge | show 🗑
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| Petit Jury (or trial jury) | show 🗑
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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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| Petty offense | show 🗑
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| show | A person or business that files a formal complaint with the court.
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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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| 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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| show | A transfer of the debtor's property made after the commencement of the case.
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| show | The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)
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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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| show | A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.
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| Presentence report | show 🗑
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| Pretrial conference | show 🗑
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| Pretrial services | show 🗑
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| Priority | show 🗑
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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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| Probation | show 🗑
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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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| show | A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)
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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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| Pro Se | show 🗑
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| Prosecute | show 🗑
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| show | Temporary.
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| Reaffirmation agreement | show 🗑
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| Record | show 🗑
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| show | 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. The debtor may then retain the property.
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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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| Schedules | show 🗑
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| Secured creditor | show 🗑
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| show | Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.
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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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| Sentence | show 🗑
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| Sentencing guidelines | show 🗑
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| Service of process | show 🗑
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| show | Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
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| Sequester | show 🗑
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| Statement of financial affairs | show 🗑
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| Statement of intention | show 🗑
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| Standard of Proof | show 🗑
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| Statute | show 🗑
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| Statute of Limitations | show 🗑
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| show | Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
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| Subordination | show 🗑
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| Subpoena | show 🗑
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| Subpoena duces tecum | show 🗑
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| show | A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.
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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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| Substantive consolidation | show 🗑
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| show | A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - o
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| show | term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprison
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| Temporary restraining order | show 🗑
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| show | Evidence presented orally by witnesses during trials or before grand juries.
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| show | See statute of limitations.
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| Tort | show 🗑
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| show | Any mode or means by which a debtor disposes of or parts with his/her property.
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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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| Typing service | show 🗑
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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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| show | 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 performi
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| show | A debt secured by property that is worth less than the amount of the debt.
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| Undue hardship | show 🗑
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| show | A lawsuit brought by a landlord against a tenant to evict the tenant from rental property—usually for nonpayment of rent.
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| Unliquidated claim | show 🗑
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| Unscheduled debt | show 🗑
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| Unsecured claim | show 🗑
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| show | The appellate court agrees with the lower court decision and allows it to stand. See affirmed.
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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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| Voluntary transfer | show 🗑
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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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| Witness | show 🗑
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