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Dischargeable debt A debt for which the Bankruptcy Code permits the debtor’s private legal responsibility to be eliminated. Defendant In a civil case, the individual or group towards whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Community service A special condition the courtroom imposes that requires an individual to work – without pay – for a civic or nonprofit organization. Article III decide A federal judge who is appointed for life, throughout “good conduct,” under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate. Alternative dispute decision A process for settling a dispute outdoors the courtroom.
Dismissal with prejudice Court motion that prevents an equivalent lawsuit from being filed later. Default judgment A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to look in court docket or otherwise reply to the grievance. De novo Latin, meaning “anew.” A trial de novo is a completely new trial.
Indictment – The formal charge issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify having a trial; it’s used primarily for felonies. U.S. legal professional A lawyer appointed by the President in each judicial district to prosecute and defend circumstances for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who seem as the government’s attorneys in particular person circumstances.
- A “tort” is a wrongful act (sometimes referred to as a “tortious” act), other than a breach of contract, that results in damage to someone’s individual, property, status, or the like, for which the injured particular person is entitled to compensation.
- U.S. legal professional A lawyer appointed by the President in every judicial district to prosecute and defend circumstances for the federal government.
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- Do analysis at the native public law library and ask for assist at your court’s self-help center, family law facilitator, or small claims legal advisor.
Secured creditor A secured creditor is a person or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor’s collateral. Objection to exemptions A trustee’s or creditor’s objection to the debtor’s attempt to say certain property as exempt from liquidation by the trustee to creditors.
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En banc French, which means “on the bench.” All judges of an appellate court docket sitting collectively 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. Deposition An oral assertion made before an officer licensed by law to administer oaths. For instance, a plaintiff could search a declaratory judgment that a particular statute, as written, violates some constitutional proper. Contingent declare A declare which may be owed by the debtor beneath sure circumstances, e.g., the place the debtor is a cosigner on another person’s loan and that person fails to pay. Consumer debts Debts incurred for personal, versus business, needs.
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Consumer bankruptcy A bankruptcy case filed to cut back or get rid of money owed which might be primarily client money owed. Confirmation Approval of a plan of reorganization by a chapter judge. Chapter 12 The chapter of the Bankruptcy Code offering for adjustment of money owed of a “family farmer” or “household fisherman,” because the phrases are outlined within the Bankruptcy Code. Bench trial A trial and not using a jury, in which the choose serves because the fact-finder. Assets Property of all kinds, including real and private, tangible and intangible. Amicus curiae Latin for “friend of the court docket.” It is recommendation formally offered to the court docket in a quick filed by an entity excited about, but not a celebration to, the case.