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Definition
| 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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| a judge in the full-time service of the court |
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| a term used to describe evidence that may be considered by a jury or judge in civil and criminal cases |
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| a lawsuit arising in or related to bankruptcy case that begins by filing a complaint with court, that is, a trial that takes place within the context of a bankruptcy case |
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Definition
| a written or printed statement made under oath |
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Definition
| 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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Term
| Administrative Office of the US Courts(AO) |
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Definition
| the federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative functions, under the direction and supervision of the Judicial Conference of the US |
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Term
| alternative dispute resolution (ADR) |
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Definition
| a procedure for settling a dispute outside the courtroom usually referred to a neutral party such as an arbitrator or mediator |
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Definition
| Latin for friend of the court. 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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| the formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense |
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Definition
| 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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| the party who appeals a district court's decision, usually seeking reversal of that decision |
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| about appeals; an appellate court has the power to review the judgment of a lower court or tribunal |
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Definition
| 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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Definition
| 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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| a federal judge who is appointed for life, during "good behavior", under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate |
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| property of all kinds, including real and personal, tangible and intangible |
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Definition
| an agreement to continue performing duties under contract or lease |
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Definition
| a written legal statement submitted in a trail or appellate proceeding that explains one side's legal and factual arguments |
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Definition
| the duty to prove disputed facts. In civil cases, a plantiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt |
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Definition
| a trial without jury, in which the judge serves as the fact-finder |
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Definition
| a crime punishable by death |
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Definition
| a complete collection of every document filed in court in a case |
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Definition
| the number of cases handled by a judge or a court |
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Definition
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Definition
| the offices of a judge and his or her staff |
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Definition
| the judge who has primary responsibility for the administration of a court; chief judges are determined by seniority |
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Term
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Definition
| a creditor's assertation of a right to payment from a debtor or the debtor's property |
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Definition
| a lawsuit in which one or more members of a large group, or class. of individuals or other entities sue on behalf of the entire class. |
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Definition
| the court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system. |
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Definition
| the legal system that originated in England and is now in use in the US that relies on articulation of legal principals in a historical succession of judicial decisions. |
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Definition
| a written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant |
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Definition
| approval of a plan of reorganization by a bankruptcy judge |
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Term
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Definition
| an agreement between two or more persons that creates an obligation to do or not to do a particular thing |
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Definition
| a judgement of guilt against a criminal defendant |
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Definition
| legal advice; a term also used to refer to the lawyers in a case |
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Definition
| government entity authorized to resolve legal disputes |
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Definition
| 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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Term
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Definition
| an allegation in an indictment or information, charging a defendant with a crime. |
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Term
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Definition
| money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory(for loss or injury) or punitive(to punish and deter future misconduct) |
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Term
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Definition
| a judge's statement about someone's rights |
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Term
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Definition
| Latin, meaning "in fact" or "actually". exists in fact but not as a matter of law |
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Term
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Definition
| a judgment awarding a plaintiff the relief sought in the complaint becasue the defendant has failed to apear in court or otherwise respond to the complaint |
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Term
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Definition
| 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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Term
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Definition
| Latin, meaning "in law". Something that exists by operation of law |
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Definition
| Latin, meaning 'anew". A trial de novo is a completely new trial. |
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Definition
| 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 |
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Definition
| procedures used to obtain disclosure of evidence before trial |
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Term
| dismissal without prejudice |
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Definition
| court action that prevents an identical lawsuit from being filed later |
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Definition
| a log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings |
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Term
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Definition
| in criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property. |
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Definition
| French, meaning "on the bench". All judges of an appellate court sitting together to hear a case. |
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Term
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Definition
| pertaining to civil suits in "equity" rather than in "law". |
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Term
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Definition
| information presented in testimony or in documents that is used to persuade the fact finder to decide the case in favor of one side or the other |
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Term
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Definition
| evidence indicating that a defendant did not commit the crime |
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Term
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Definition
| a proceeding brought before a court by one party only, without notice to or challenge by the other side |
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Term
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Definition
| an attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel |
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Term
| federal public defender organization |
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Definition
| 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 |
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Term
| federal question jurisdiction |
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Definition
| jurisdiction given to federal courts in cases involving the interpretation and application of the US Constitution, acts of Congress, and treaties |
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Term
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Definition
| a serious crime, usually punishable by at least one year in prison |
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Term
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Definition
| 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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Term
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Definition
| a body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is a probable cause to believe an individual committed an offense |
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Term
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Definition
| 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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Term
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Definition
1. the process of calling a witness's testimony into doubt.
2. the constitutional process whereby the House of Rep may "impeach" high officers of the federal government, who are then tried by the Senate |
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Term
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Definition
| Latin, meaning in a judge's chambers. outside the presence of the jury and the public. in private |
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Definition
| evidence indicating that a defendant did commit the crime |
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Term
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Definition
| the formal charge issued by a grand jury stating that there is enough evidence that the defendant commited the crime to justify having a trial; it is used primarily for felonies |
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Definition
| a formal accusation by a government attorney that the defendant committed a misdemeanor |
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Term
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Definition
| a court order preventing one or more named parties from taking some action. a preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified |
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Definition
| a form of discovery consisting of written questions to be answered in writing and under oath |
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Term
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Definition
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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Term
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Definition
| a court-approved mechanism under which two or more cases can be administered together |
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Term
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Definition
| an official of the judicial branch with authority to decide lawsuits brought before courts |
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Term
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Definition
| the position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court |
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Term
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Definition
| the official decision of a court finally resolving the dispute between the parties to the lawsuit |
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Term
| judicial conference of the US |
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Definition
| the policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the US |
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Term
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Definition
| the legal authority of a court to hear and decide a certain type of case. Synonym for venue |
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Term
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Definition
| the study of law and the structure of the legal system |
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Term
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Definition
| the group of persons selected to hear the evidence in a trial and render a verdict on matters of fact |
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Term
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Definition
| 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 |
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Definition
| 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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Term
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Definition
| 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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Term
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Definition
| a case, controversy, or lawsuit. Participants in lawsuits are called litigants |
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Definition
| a judicial officer of a district court, who conducts initial proceedings in criminal cases, decided 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. |
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Definition
| special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder |
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Term
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Definition
| an offense punishable by one year of imprisonment or less |
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Definition
| an invalid trial, caused by fundamental error. Trial must start again with a new jury |
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Term
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Definition
| not subject to a court ruling because the controversy has not actually arisen or has ended |
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Term
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Definition
| a request by a litigant to a judge for a decision on an issue relating to the case |
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Term
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Definition
| 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 |
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Term
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Definition
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Definition
| a judge's written explanation of the decision of the court |
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Term
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Definition
| an opportunity for lawyers to summarize their position before the court and also to answer the judges' questions |
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Term
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Definition
| 1. in appellate cases, a group of judges assigned to decide the case 2. in the jury selection process, the group of potential jurors 3. the list of attorneys available |
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Term
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Definition
| Latin, meaning "for the court". In appellate courts, often refers to an unsigned opinion |
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Term
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Definition
| 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 |
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Term
| petit jury (or trial jury) |
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Definition
| a group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute |
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Term
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Definition
| 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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Definition
| a federal misdemeanor punishable by six months or less in prison |
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Term
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Definition
| a person or business that files a formal complaint with the court |
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Term
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Definition
| in a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges |
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Term
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Definition
| written statements filed with the court which describe a party's legal or factual assertions about the case |
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Term
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Definition
| a court decision in an earlier case with facts and legal issues similar to a dispute currently before a court |
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Term
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Definition
| a meeting of the judge and lawyers to plan the trial, to discuss which matters, should be presented to the jury, to review proposed evidence and witnesses, and to set a trial date |
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Definition
| a function of the federal courts that takes place at the very start of the criminal justice process |
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Definition
| the rules for conducting a lawsuit |
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Definition
| a slang expression sometimes used to refer to a pro se litigant |
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Definition
| representing oneself. serving as one's own lawyer |
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Definition
| to charge someone with a crime |
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Definition
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Definition
| a written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case |
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Definition
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Term
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Definition
| the act of a court setting aside the decision of a lower court |
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Definition
| a penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations |
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Term
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Definition
| 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 |
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Definition
| the punishment ordered by a court for a defendant convicted of a crime |
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Definition
| a set of rules and principles established by the US Sentencing Commission that trial judges use to determine the sentence for a convicted |
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Definition
| the delivery of writs of summonses to the appropriate party |
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Definition
| parties to a lawsuit resolve their dispute without having a trial |
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Definition
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Definition
| a declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate |
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Definition
| degree of proof required. criminal cases beyond a reasonable doubt. civil cases by preponderance of the evidence (50 percent plus) |
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Definition
| a law passed by a legislature |
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Definition
| the time within which a lawsuit must be filed or a criminal prosecution begun |
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Definition
| Latin, meaning "of its own will." court taking a action without being asked to do so by either side |
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Definition
| the act or process by which a person's rights or claims are ranked below those of others |
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Definition
| a command, issued under a court's authority, to a witness to appear and give testimony |
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Term
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Definition
| a command to a witness to appear and produce documents |
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Definition
| a decision made on the basis of statements and evidence presented for the record without a trial. used when it is not necessary to resolve the dispute with facts |
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Term
| temporary restraining order |
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Definition
| akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. (TRO) |
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Definition
| evidence presented orally by witnesses during trials or before grand juries |
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Definition
| see statue of limitations |
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Term
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Definition
| a written word for word record of what was said either in a proceeding or during other formal conversation |
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Term
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Definition
| the most widely used test for evaluating undue hardship in the dischargeability of a student loan |
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Term
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Definition
| a lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government |
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Definition
| an office of the US Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees |
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Definition
| the appellate court agrees with the lower court decision and allows it to stand |
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Definition
| the geographic area in which a court has jurisdiction |
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Term
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Definition
| the decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant or the outcome of a civil case |
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Definition
| jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge |
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Definition
| a transfer of a debtor's property with the debtor's consent |
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Definition
| court authorization most often for law enforcement officers, to conduct a search or make an arrest |
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Definition
| a person called upon by either side in a lawsuit to give testimony before the court or jury |
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Definition
| a written court order directing a person to take or refrain from taking a certain act |
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Definition
| an order issued by the US Supreme Court directing the lower court to transmit records for a case which it will hear on appeal |
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