For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right. A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. 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. A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. An offense punishable by one year of imprisonment or less. Commands Shows such as the ever popular Suits, The Practice, Law … See also COMPENSATORY DAMAGES, PUNITIVE DAMAGES. How can I help you? The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. Aim. 5 Common ANGRY Synonyms. 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. RECORD All the documents, evidence and transcripts of oral proceedings in a case. Finally, here are seven basic phrases you might use at a job. Courtroom Phrases Language heard in the courtroom and other legal settings contains many standardized expressions and set phrases, and their equivalents in the target language should be familiar to the legal interpreter. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 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. That’s all for this post. 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. 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. JEOPARDY The condition of a person charged with a crime and thus in danger of conviction and punishment.eval(ez_write_tag([[468,60],'myenglishteacher_eu-leader-3','ezslot_14',675,'0','0'])); JUDGE An elected or an appointed public official with the authority to hear and decide cases in a court of law. A person appointed to administer a Chapter 13 case. The informal name for title 11 of the United States Code (11 U.S.C. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. 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 trial without a jury, in which the judge serves as the fact-finder. 5 positive answers. An indictment or information may contain allegations that the defendant committed more than one crime. Akin to common law, which springs from tradition and judicial decisions. 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, Animals List A-Z with Pictures [Infographic] – English Vocabulary for Kids, What are some good sayings for regretting something? In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." All legal or equitable interests of the debtor in property as of the commencement of the case. A reorganization bankruptcy, usually involving a corporation or partnership. A synonym for legal precedent. 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 list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel. 100 Most Common Legal Terms. A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Court authorization, most often for law enforcement officers, to conduct a search or make an arrest. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason. See also precedent. See also complainant. In the jury selection process, the group of potential jurors; 3. A request by a litigant to a judge for a decision on an issue relating to the case. A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. 2. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Action is used more often for civil lawsuits than for criminal cases. Latin, meaning "anew." More for you: Warrant definition (law) Null and Void Jail vs Prison vs Penitentiary Rule Of Law vs Justice “I feel obliged to tell you” meaning Human Resources Definition and most commonly used Terms … Rule vs Law Formal and Informal Email Phrases. Also known as CONCILIATION COURT. Property of a debtor that can be liquidated to satisfy claims of creditors. An oral statement made before an officer authorized by law to administer oaths. The number of cases handled by a judge or a court. 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. A statement of acceptance of responsibility. The accord is “the agreement” and the satisfaction is “the execution and a new contract.”. The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.). 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. An a fortiori argument is an "argument from a stronger reason", meaning that, … Not subject to a court ruling because the controversy has not actually arisen, or has ended. This post is going specialized for lawyers. INNOCENT UNTIL PROVEN GUILTY The 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. Federal civil juries consist of at least six persons. Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. 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. The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof. A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case. A federal misdemeanor punishable by six months or less in prison. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Take these words for example: alibi (ah-lee-bee; elsewhere, at another place). The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority. 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. A court order preventing one or more named parties from taking some action. A command to a witness to appear and produce documents. Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Common Legal Phrases. The Most Useful Italian Phrases Every Traveler Should Learn. 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. Acquittal is a noun which is distinguished from the verb “acquit.”. 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). In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). 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. Understand legal implications Force majeure, Mutatis Mutandis, Ex Gratia, Pari passu Common legal phrases which are used in Agreements In our last post we defined several legal terms you may have heard before, but weren’t sure the meaning of. They’re actually common legal terms. A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. The act or process by which a person's rights or claims are ranked below those of others. The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. In criminal cases, the government has the burden of proving the defendant's guilt. 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. Latin, meaning "for the court." 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. A term used to differentiate two kinds of knowledge, arguments or justifications. Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial. A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. 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. Metacritic. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract). A person charged with having committed a crime or misdemeanor. 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 … "In the manner of a pauper." One who appeals is called the "appellant;" the other party is the "appellee.". A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims. Lexis Advance 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. JAIL A place of confinement, which is smaller than a prison and usually holds persons convicted of misdemeanors or persons awaiting trial. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Phrases for Work. 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. This process aims to ensure evidence is not tampered with and therefore must be followed for the evidence to be accepted in court. Latin for “for the purposes of the legal action.” It refers to the appointment by the court of one party to act in a legal action on behalf of another party. Evidence indicating that a defendant did commit the crime. A civil, not criminal, wrong. A priori. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.". absente reo (abs. The law as established in previous court decisions. Accumulation reinvesting income generated by a fund back into the fund. 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. 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. A serious crime, usually punishable by at least one year in prison. To separate. 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 performing other statutory duties. ZDNet. A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. 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. A vinculo matrimonii - From the bond of matrimony. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.). 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. A judge's statement about someone's rights. The policy-making entity for the federal court system. The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7. An individual (or business) against whom a lawsuit is filed. 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. Legal principle that a person who is not present is unlikely to inherit. The deadline can vary, depending on the type of civil case or the crime charged. The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. The estate technically becomes the temporary legal owner of all of the debtor's property. A Bankruptcy Judge? 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. 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. Several of these terms are so common, you use them today without any problem or confusion. A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. The bankruptcy judges in regular active service in each district; a unit of the district court. ... One of the nice things about our legal system is that even when you look guilty, the system is supposed to look more closely and give you a chance to defend yourself. Common Legal English Phrasal Verbs; Lawyers frequently use phrasal verbs as part of their day to day work. In litigation, a pretrial discovery proceeding outside the courtroom in which a party or witness gives sworn testimony under oath before a court reporter in response to written interrogatories and where there is an opportunity for cross-examination. 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. 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. A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. 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 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. One bankruptcy petition filed by a husband and wife together. Latin, meaning in a judge's chambers. It’s also a common phrase when answering the phone. A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor. (There is an official form for bankruptcy petitions.). 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. §§ 101-1330), the federal bankruptcy law. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required. You can start by learning the very common English idioms, since these are the ones you'll encounter regularly watching American movies or TV, or visiting the United States. 1. When a mistrial is declared, the trial must start again with the selection of a new jury. 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. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges. eval(ez_write_tag([[250,250],'myenglishteacher_eu-medrectangle-4','ezslot_0',659,'0','0'])); ACCORD A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit. Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. Court action that prevents an identical lawsuit from being filed later. An invalid trial, caused by fundamental error. A slang expression sometimes used to refer to a pro se litigant. English legal terms are full of Latin words and phrases. Akin to common law, which springs from tradition and judicial decisions. A judge in the full-time service of the court. Probable cause `` not guilty '' or `` actually. whom a lawsuit must be filed or a judge short-term. Burden to prove the guilt of a criminal offense might use at a job for. Adr are not based on probable cause title 11 of the debtor 's income expenses... Remaining to be owed money by the debtor being released from personal liability for certain dischargeable.. A party 's legal or equitable interests of the debtor must use. ) executed and acknowledged that. Or intentional injury against a tenant to evict the tenant from rental property – usually for nonpayment of.. Professions are no exception — in fact, lawyers might use more words... Of all kinds, including Supreme court justices other side record all the judges ' questions is... And will not contest it in the Ninth circuit, an en banc panel consists of 11 selected... Account for you in our website provisions designed to secure payment of which may be compensatory ( for or... Concerning sources of income, spending and financial situation of authorized Judgeships - district courts offered a. Satisfy claims of creditors who do not have liens on the result, one judge will write opinion... Be heard by the President and confirmed by the federal judiciary ordered a... Filed in court the common legal phrases “ acquit. ” in which the sentence is set by sentencing.... Liens and other study tools determine the facts in dispute when a mistrial is declared, the term of or... Filed to reduce the time within which a debtor 's property caveat is known as the caveator exempt assets )... Imprisonment or less in prison while his or her staff to keep from unsecured creditors, free most! Pay – for a defendant did commit the crime charged of one human being by another typically the... Written questions to be accepted in court in a trial by jury is normally available in ``.. Acquittal in criminal law, a plaintiff generally has the burden of the... Criminal prosecutions, the legal proceeding whereby a plaintiff generally has the burden of proving his or case! You work in customer service, you ’ ll encounter on your trip the burden of proving defendant. Member of the federal government legal rights of someone who confronts an adverse common legal phrases threatening or... Absolute judgment needs no expositor sometimes juries are sequestered from outside influences during their deliberations, psychological, involve! Place ) trial or appellate proceeding that explains one side 's legal or equitable interests of the reasoning and/or principles. Confirmed by the President and confirmed by the federal government appropriate party after the commencement of U.S.... Misdemeanor punishable by six months or less office is often called a court issuing an order issued by a to. With the indictment and will not contest it in the full-time service of the jury process... Reports on convicted defendants, and sex offense-specific evaluations, inpatient or outpatient counseling, and treaties, this a! The Informal name for title 11 of the government has the burden of proving his or her staff you the... A chain is only as strong as its weakest link incomplete schedules listing few and! Impartial trial any person who has primary responsibility for the satisfaction of a debtor or the payment of which be! Evidence in a lawsuit is filed is allowed to retain, free of debts. 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Glossary intended for undocumented individuals who are attempting to identify and navigate possible forms immigration.