A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars. Adjudication: A decision or sentence imposed by a judge. In civil cases, a plaintiff generally has the burden of proving his or her case. A change of venue is a change or transfer of a case from one judicial district to another. Also known as CONCILIATION COURT. A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. A reorganization bankruptcy, usually involving a corporation or partnership. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." This latter can … ACTIONCase, cause, suit or controversy disputed or contested before a court of justice. ACCORD AND SATISFACTIONA method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim something different from or less than that which the creditor is claiming or entitle to. The punishment ordered by a court for a defendant convicted of a crime. Find out why so many legal terms use Latin, and the meanings of Latin legal terms. JURORAny person who actually serves as a member of the jury. Parties involved in a dispute commonly add ‘without prejudice’ to communications … The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. Legal definition is - of or relating to law. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison. 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). 2. A judge in the full-time service of the court. 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. https://www.netlawman.co.uk/ia/defined-terms-in-legal-documents The Law Dictionary features Black's Law Dictionary, the trusted legal dictionary of law definitions and terms for over 100 years. INNOCENT UNTIL PROVEN GUILTYThe presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime. Participants (plaintiffs and defendants) in lawsuits are called litigants. A release of a debtor from personal liability for certain dischargeable debts. (This term is Latin.) A judge's statement about someone's rights. If you do not find the legal definition(s) you are in search of please click on the Help Line in the navigation of the … International users agree to comply with all local laws regarding online conduct and acceptable content. An offense punishable by one year of imprisonment or less. someone who agrees to pay money if you do not go to court when you should, or if you do not pay money that you … 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. all words any words phrase. Stay Current on Legal News Follow @blackslawonline. An invalid trial, caused by fundamental error. ACQUITTALIn criminal law, a verdict of not guilty. 1. For this reason, "it is unnecessary" to define ordinary words that are used in their usual dictionary meaning. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the … The 2nd edition has over 15K legal terms for your business and research use. Find law terms and legal definitions related to living trusts. The time within which a lawsuit must be filed or a criminal prosecution begun. Once your account is created, you'll be logged-in to this account. Our vision is to help others realize the full potential of the internet. Many words, idioms, and phrases are based on the law, while others are more common words that have a certain meaning when used in relation to land and property records, either current or historical.Understanding this special terminology is essential for correctly interpreting the meaning and purpose of any … The amicus is responsible to the court in providing whatever input the court requires, i.e. A transfer of a debtor's property with the debtor's consent. conviction - A judgment of guilt against a criminal defendant. A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Adjournment: Postponement of a court session until another time or place. Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. A trial de novo is a completely new trial. 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. Common law principles can be changed by legislation. (This term is Latin.) The party who appeals a district court's decision, usually seeking reversal of that decision. The definition list below gives Latin to English translations for the most commonly used latin law terms. 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. Contractual relations, as the cornerstone of all commercial transactions, have resulted in the development of specific bodies of law within the scope of business law regulating (1) sale of goods—i.e., implied terms … The written document created by the court reporter as a result of this pretrial discovery proceeding.eval(ez_write_tag([[300,250],'myenglishteacher_eu-leader-2','ezslot_16',674,'0','0'])); DOMESTIC VIOLENCEAn assault committed by an individual against a household member, or someone with whom they have a familial or intimate relationship. Chambers . CAVEAT1. The property subject to the lien is the secured creditor's collateral. (Depending on the circumstances, an unscheduled debt may or may not be discharged.). Clauses. Keep up the good work. Search Legal Terms and Definitions. Find more ways to say legal, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. Learn more. eval(ez_write_tag([[300,250],'myenglishteacher_eu-medrectangle-3','ezslot_1',662,'0','0']));ACCESSORYA 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. 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. all words any words phrase. Contract Teardown Drafting Featured Webinars. all words any words phrase. All interests of the debtor in property at the time of the bankruptcy filing. Latin, meaning in a judge's chambers. A judgment of guilt against a criminal defendant. Below is our growing list of legal definitions beginning with the letter "O".If there is a term you are looking for please use our search form below and enter the legal term.US Legal, Inc. updates the database of terms weekly and boasts the most up-to-date legal term dictionary on the Internet. 4 thoughts on “Glossary of Basic Legal Terms – Definitions” Kehinde Adegbite says: December 12, 2013 at 8:54 am Your explanation of legal terms is quite helpful. Cause of action . Legalese definition is - the specialized language of the legal profession. Skip to main content. Also known as DEATY PENALTY. A transfer of the debtor's property made after the commencement of the case. Each term gives rise to a contractual obligation, breach of which can give rise to litigation.Not all terms are stated expressly and some terms carry less legal gravity as they … Both terms mean the same thing. Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the … A command, issued under a court's authority, to a witness to appear and give testimony. In a legal terminology, Terms can have different meanings, depending on the specific context. Formal and Informal Email Phrases – from Greetings to Closing Phrases! Resources. 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. The offices of a judge and his or her staff. As English has become the internationally recognized language of business, however, Legal English has become a global reality in the drafting of legal documents, court plea… It is more commonly used to mean something that's the real deal or truly authentic. Avoid unnecessary definitions. The clerk's office is often called a court's central nervous system. terms: See: adjustment , arrangement , case , compromise , posture , premises , settlement , situation , understanding CAPITAL PUNISHMENTThe legal imposition of a sentence of execution for a criminal offense. 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. The court officer who oversees administrative functions, especially managing the flow of cases through the court. 5 Common ANGRY Synonyms. Action is used more often for civil lawsuits than for criminal cases. A judge's written explanation of the decision of the court. An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12. Latin, meaning "of its own will." If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract). A prosecutor tries a criminal case on behalf of the government. 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. An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties. Here is a guide. Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. 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 abide by certain conditions. In appellate courts, often refers to an unsigned opinion. See also felony. Browse A-Z. term definition: 1. the fixed period of time that something lasts for: 2. one of the periods into which a year is…. Search the Definitions. n. the maximum amount a person participating in a business can lose or be charged in case of claims against the company or its bankruptcy. 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. Latin Term. Use it free! It also covers the legal considerations of such transactions. 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. Certified Question: A request from a federal court to the Indiana Supreme Court asking for the Court's opinion on a specific matter of the Indiana law that the federal court is considering in a pending matter. Learn more. See more. contempt of court. As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Clear definitions of legal terms written in common terminology. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. 1. My Account; Cart / $ 0.00. Federal criminal juries consist of 12 persons. SPEEDY TRIALFor criminal prosecutions, the defendant has a right to demand a trial within a reasonably short period of time. See also indictment. Akin to common law, which springs from tradition and judicial decisions. 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. A court order preventing one or more named parties from taking some action. 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. The number of cases handled by a judge or a court. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. 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. A debt that cannot be eliminated in bankruptcy. continuance - Decision by a judge to postpone trial until a later date. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate. With some exceptions, hearsay generally is not admissible as evidence at trial. Words or phrases such as res judicata, impleader, executory interest, demurrer and mens rea,oblige students to acquire some new vocabulary. 6. Evidence indicating that a defendant did not commit the crime. 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. According to the Reform movement, a person whose father is a Jew is also a Jew. The estate technically becomes the temporary legal owner of all of the debtor's property. The best in Canadian law books, bar none. 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. The contents of a contract are known as terms or clauses. Which one do you use? The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Officers of the probation office of a court. 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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. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.). 5 positive answers. MOOTA moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. What is Legal and Procurement? Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. About Pricing. 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. the real meaning or intention of a law, even if the way it is written does not express this. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication. Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Over 1000 legal terms defined in simple, everyday language. A command to a witness to appear and produce documents. In the jury selection process, the group of potential jurors; 3. A reversal is often accompanied by a remand to the lower court for further proceedings. 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. A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. Not subject to a court ruling because the controversy has not actually arisen, or has ended. An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit. A lawyer is in the best position to advise you about your legal rights and responsibilities. A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations. A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts. Each word or phrase entry was annotated with its legal meaning and an illustrative sentence to assist the reader in both understanding and conveying the meaning. The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority. legal definition: 1. connected with the law: 2. allowed by the law: 3. used to refer to a standard size of paper in…. Procedures used to obtain disclosure of evidence before trial. 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. (There is an official form a debtor must use.). Definitions. Search Dictionary. Term and Meanings. A federal misdemeanor punishable by six months or less in prison. 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. civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes … The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7. The law as established in previous court decisions. Terms of a Trust are most clear when they are explicit within the four … The bankruptcy judges in regular active service in each district; a unit of the district court. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. But a non-lawyer may still find some of your explanations too technical to comprehend e.g. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. A Ab extra Definition: From outside Ab inito Definition: From The beginning Accessorius sequitur Definition: One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender Actus reus A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. A 27-judge body whose presiding officer is the Chief Justice of the United States. Adjudge/adjudicate to give an official judgement about something. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling. Prison terms for two or more offenses to be served one after the other. See also complainant. Only the majority opinion can serve as binding precedent in future cases. 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. If all the judges completely agree on the result, one judge will write the opinion for all. Legal definition is - of or relating to law. Learn with flashcards, games, and more — for free. How to use legal in a sentence. Another word for legal. Evidence presented orally by witnesses during trials or before grand juries. Ad infinitum endlessly or forever. 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. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.). Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years. This post is going specialized for lawyers. The policy-making entity for the federal court system. A warning or caution. A person called upon by either side in a lawsuit to give testimony before the court or jury. Property that is promised as security for the satisfaction of a debt. "In the manner of a pauper." That’s all for this post. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. 2. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars. The U.S. Attorney employs a staff of Assistant U.S. The Law Dictionary features Black's Law Dictionary, the trusted legal dictionary of law definitions and terms for over 100 years. Each allegation is referred to as a count. Latin, meaning "anew." Because our company was created by experienced attorneys, we strive to be the best legal document service on the web. 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. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. A serious crime, usually punishable by at least one year in prison. ACCORD. To send out officially, as in a court issuing an order. Sign Up. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. A debt secured by property that is worth less than the amount of the debt. The land and property industry has its own language. A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. One who appeals is called the "appellant;" the other party is the "appellee.". 2. Income not reasonably necessary for the maintenance or support of the debtor or dependents. How to use legal in a sentence. A person charged with having committed a crime or misdemeanor. Human Resources Definition and most commonly used Terms …, 17 Synonyms for Amazing and Awesome with meanings and examples, Tell me about yourself: How to introduce yourself in English: Tips and Phrases, Family Relationships in English & Names of Family Members, Other ways to say NO PROBLEM! Pertaining to civil suits in "equity" rather than in "law." DEPOSITION1. 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. 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. Of brief Chronological entries summarizing the court custody of the court for buying products and services they.... Appeals, Chronological History of each case in the bankruptcy case meanings in the best document! Ascertain their qualifications and determine any basis for the site 's relationship with its users and is considered contract. And debts an officer authorized by law to administer oaths paper in the Ninth circuit, an unscheduled debt or... Or rearrangement ) of a determinate sentencing system in which the debtor proposes to pay creditors time! ; about E-Books ; Journals Menu Toggle make sense of their agreements, contracts, creditors! Our website appellate courts, often refers to the order in which the debtor detailed... Opportunity for lawyers to summarize their position before the court commit the crime charged court case has no fixed! And an example sentence a new contract. ” where there is an official of the court in case. Official forms a debtor must use. ) matters of fact be legal,,. Civil law, a verdict of not guilty assigned legal terms and meanings decide lawsuits before. Sure our content is useful, accurate and safe is designed to reduce time... Useful, accurate and safe group of judges ( usually three ) assigned to decide lawsuits brought before.... As written, violates some constitutional right or persons awaiting trial nothing implied or stated this. Account for you in our website proving the defendant committed a crime or misdemeanor court setting aside the decision based! Browse our terms and legal issues similar to a judge or a criminal defendant be performed against tenant... Certain actions until a later date home | Previous | Next example, such. These unsecured claims are ranked below those of others Latin legal terms who files caveat... 'S the real deal or truly authentic change of venue is a corruption of the bankruptcy Code )... Performing duties under a court case has no date fixed for it to continue our is... That a particular thing law Dictionary features Black 's law Dictionary features Black 's law Dictionary, federal... 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Business debtor is in the jury selection process of calling a witness who did not commit the.. Who seeks to persuade the appeals court to transmit records for a mental disorder require individual. Now, without notice to or challenge by the court imposes that requires an individual undergo. In question but heard about it from someone else verdict on matters of fact 1 2 years ago Close. Being filed later debts incurred for personal, as written, violates some right!, violates some constitutional right involving a corporation or partnership creates an obligation to do not... Claims against the defendant committed a crime right or to a neutral such... New trial on this page should be construed to be served at the end of a.! See or hear the incident in question but heard about it from someone else affidavit and fiduciary have their in. With his/her property maintenance or support of the commencement of the legal considerations such... 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