Category: Legal Dictionary

Judgeship: The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

Judge : 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.

Joint petition : One bankruptcy petition filed by a husband and wife together.

Joint administration: 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.)

Issue : 1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

Interrogatories : A form of discovery consisting of written questions to be answered in writing and under oath.

Insider (of individual debtor) : 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.

Insider (of corporate debtor) : 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.

Injunction : 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.

Information : A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Indictment : The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.

Inculpatory evidence : Evidence indicating that a defendant did commit the crime.

In forma pauperis : “In the manner of a pauper.” Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

In camera : Latin, meaning in a judge’s chambers. Often means outside the presence of a jury and the public. In private.

Impeachment : 1. The process of calling a witness’s testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be “impeached;”

2. The constitutional process whereby the House of Representatives may “impeach” (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

Home confinement : A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. 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.

Hearsay : 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

Habeas corpus : Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Grand jury : 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.

Fresh start : 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.)

Fraudulent transfer : 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.

File : To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Felony : A serious crime, usually punishable by at least one year in prison.

Federal question jurisdiction : Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Federal public defender organization : 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. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal public defender : 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.

Family farmer : 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.

Face sheet filing : A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure

Exemptions, exempt property : Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor’s primary residence (homestead exemption), or some or all “tools of the trade” used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Exempt assets : Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Executory contracts : Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).

Exculpatory evidence : Evidence indicating that a defendant did not commit the crime.

Exclusionary rule : Doctrine that says evidence obtained in violation of a criminal defendant’s constitutional or statutory rights is not admissible at trial.

Ex parte : A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

Equity : The value of a debtor’s interest in property that remains after liens and other creditors’ interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Equitable : Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy (see damages). A separate court of “equity” could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in “law” cases but not in “equity” cases.

En banc : 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.

Due process : 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.

Docket : A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Disposable income : Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

Dismissal without prejudice : Court action that allows the later filing.

Dismissal with prejudice : Court action that prevents an identical lawsuit from being filed later.

Discovery : Procedures used to obtain disclosure of evidence before trial.

Disclosure statement : 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.

Dischargeable debt : A debt for which the Bankruptcy Code allows the debtor’s personal liability to be eliminated.

Discharge : A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student 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. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Deposition : 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.

Defendant : An individual (or business) against whom a lawsuit is filed.

Default judgment : 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.

Declaratory judgment : A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

Debtor’s plan : A debtor’s detailed description of how the debtor proposes to pay creditors’ claims over a fixed period of time.

Debtor : A person who has filed a petition for relief under the Bankruptcy Code.

De novo : Latin, meaning “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge’s ruling.

De jure : Latin, meaning “in law.” Something that exists by operation of law.

De facto : Latin, meaning “in fact” or “actually.” Something that exists in fact but not as a matter of law.

Damages : 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).

Creditor : A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Credit counseling : Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the “instructional course in personal financial management” in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. 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.

Court reporter : 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.

Court : Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”

Count : 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.

Counsel : Legal advice; a term also used to refer to the lawyers in a case.

Conviction : A judgment of guilt against a criminal defendant.

Contract : An agreement between two or more people that creates an obligation to do or not to do a particular thing.

Contingent claim : 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.

Consumer debts : Debts incurred for personal, as opposed to business, needs.

Consumer bankruptcy : A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Consecutive sentence : Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Confirmation : Approval of a plan of reorganization by a bankruptcy judge.

Concurrent sentence : Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Complaint : A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Community service : A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.

Common law : The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

Collateral : Property that is promised as security for the satisfaction of a debt.

Clerk of court : 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.

Class action : 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. 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.

Claim : A creditor’s assertion of a right to payment from a debtor or the debtor’s property.

Chief judge : The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority

Chambers : The offices of a judge and his or her staff.

Cause of action : A legal claim.

Caseload : The number of cases handled by a judge or a court.

Case law : The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

Case file : A complete collection of every document filed in court in a case.

Capital offense : A crime punishable by death.

Business bankruptcy : A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

Burden of proof  : The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt. (See standard of proof.)

Brief : A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.

Bench trial : A trial without a jury, in which the judge serves as the fact-finder.

Bankruptcy trustee : A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor’s creditors.

Bankruptcy petition : A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

Bankruptcy judge : A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

Bankruptcy estate : 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.

Bankruptcy court : The bankruptcy judges in regular active service in each district; a unit of the district court.

Bankruptcy code : The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

Bankruptcy : 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).

Bail : 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. Also can refer to the amount of bond money posted as a financial condition of pretrial release.

Automatic stay : An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

Assume : An agreement to continue performing duties under a contract or lease.

Assets : Property of all kinds, including real and personal, tangible and intangible.