A -
Abstract of title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.
Acceptance - The taking and receiving of anything in good faith with the intention of retaining it.
Accomplice - 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.
Accretion - The increase or accumulation of land by natural causes, as out of a lake or river.
Acknowledgment - A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged.
Acquittal - A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.
Action Case- Cause, suit, or controversy disputed or contested before a court of justice.
Additur - An increase by a judge in the amount of damages awarded by a jury.
Adjective law - Also, procedural law. That body of law which governs the process of protecting the rights under substantive law.
Adjudication - Giving or pronouncing a judgment or decree. Also the judgment given.
Administrative agencies - Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.
Administrator - 1. One who administers the estate of a person who dies without a will. 2. A court official.
Admiralty law - Also, maritime law. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc.
Admissible evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.
Admonish - To advise or caution. For example the court may caution or admonish counsel for wrong practices.
Advance sheets - Paperback pamphlets published by law book publishers weekly or monthly which contain reporter cases, including correct volume number and page number. When there are sufficient cases, they are replaced by a bound volume.
Adversary proceeding - One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.
Adverse possession - Method of acquiring real property under certain conditions by possession for a statutory period.
Affiant - The person who makes and subscribes an affidavit.
Affidavit - A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
Affirmation - A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.
Affirmative defense - A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used.
Affirmed - In the practice of appellate courts, the word means that the decision of the trial court is correct.
Agreement -Mutual consent.
Aid and Abet - To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.
Alien - A foreign-born person who has not qualified as a citizen of the country.
Allegation - A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.
Alteration - Changing or making different.
Alternative dispute resolution - Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
American Bar Association - A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.
American Law Reports - A publication which reports cases from all United States jurisdictions by subject matter.
Ancillary - A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.
Annotations - Remarks, notes, case summaries, or commentaries following statutes which describe interpretations of the statute.
Answer - A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint.
Answers to Interrogatories - A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments.
Antitrust acts - Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.
Appeal - A proceeding brought to a higher court to review a lower court decision.
Appeal Bond - A guaranty by the appealing party insuring that court costs will be paid.
Appearance - The act of coming into court as a party to a suit either in person or through an attorney.
Appendix - Supplementary materials added to the end of a document.
Appellate court - A court having jurisdiction to hear appeals and review a trial court's procedure.
Appellee - (See respondent) The party against whom an appeal is taken.
Arbitration - The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.
Arbitrator - A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.
Arraignment - The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere." (See preliminary hearing.)
Arrest - To take into custody by legal authority.
Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Assignment - The transfer to another person of any property, real or personal.
Assumption of risk - A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.
At issue - The time in a lawsuit when the complaining party has stated their claim and the other side has responded with a denial and the matter is ready to be tried.
Attachment- Taking a person's property to satisfy a court-ordered debt.
Attorney-at-law - An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.
Attorney-in-fact - A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a "letter of attorney," or more commonly "power of attorney."
Attorney of record - The principal attorney in a lawsuit, who signs all formal documents relating to the suit.
- B -
Bail - Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. (Applies mainly to state courts.)
Bail bond - An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as "bond."
Bailiff - An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.
Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.
Bankruptcy Judge - The judge who determines whether a debtor is entitled to a discharge in bankruptcy.
Bankruptcy law - The area of federal law dealing with the handling of bankrupt persons or businesses.
Bar 1. - Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the who body of lawyers.
Bar examination - A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.
Battery - A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.
Bench - The seat occupied by the judge. More broadly, the court itself.
Bench trial - (Also known as court trial.) Trial without a jury in which a judge decides the facts.
Bench warrant - An order issued by a judge for the arrest of a person.
Beneficiary - Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.
Bequeath - To give a gift to someone through a will.
Bequests - Gifts made in a will.
Best evidence - Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."
Beyond a reasonable doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
Bill of particulars - A statement of the details of the charge made against the defendant.
Bind over - To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial. (This is a state court procedure.)
Bond (See bail bond.) - A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.
Bound supplement - A supplement to a book or books to update the service bound in permanent form.
Booking - The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
Breach - The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Breach of contract - An unjustified failure to perform when performance is due.
Brief - A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.
Burden of proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)
Burglary - The act of illegal entry with the intent to steal.
Business bankruptcy - A proceeding under the Bankruptcy Code filed by a business entity.
Bylaws - Rules or laws adopted by an association or corporation to govern its actions.
- C -
Capital crime -A crime punishable by death.
Calendar -A list of cases scheduled for hearing in court.
Canons of ethics -Standards of ethical conduct for attorneys.
Capacity -Having legal authority or mental ability. Being of sound mind.
Caption -Heading or introductory party of a pleading.
Case law -Law established by previous decisions of appellate courts, particularly the United States Supreme Court. (See stare decisis in Foreign Words Glossary.)
Cases -General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Cause - A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
Cause of action -The fact or facts which give a person a right to relief in court.
Caveat -A warning; a note of caution.
Censure -An official reprimand or condemnation of an attorney. (See disbarment or suspension.)
Certificate of Title -Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.
Certification -1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.
Certiorari -A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes referred to as "granting cert.")
Challenge -An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.
Challenge for cause -A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons. (Also, see peremptory challenge.)
Chambers -A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.
Change of venue -Moving a lawsuit or criminal trial to another place for trial. (See venue.)
Charge to the jury -The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
Chief judge -Presiding or administrative judge in a court.
Chattel -An article of personal property.
Child -Offspring of parentage; progeny.
Chronological -Arranged in the order in which events happened; according to date.
Circumstantial evidence -All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.
Citation -A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.
Citators -A set of books which provides the subsequent history of reported decisions through a form of abbreviations or words. Most widely used are Chopart's Citations.
Civil -Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.
Civil action -An action brought to enforce or protect private rights.
Civil Aeronautics Board (CAB) -A commission which promotes and regulates the civil air transport industry in the U.S. and between the U.S. and foreign countries.
Civil law Law based on a series of written codes or laws.
Civil procedure -The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.
Civil Service Commission -A federal agency which regulates the hiring of government employees.
Claim -A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.
Class action -A lawsuit brought by one or more persons on behalf of a larger group.
Clayton Act -A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.
Clean air acts -Federal and state environmental statutes enacted to regulate and control air pollution.
Clear and convincing evidence -Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
Clemency or executive clemency -Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. (Sometimes known as commutation or pardon.)
Clerk of Court -Administrator or chief clerical officer of the court.
Closing argument -The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
Code of Federal Regulations -An annual publication which contains the cumulative executive agency regulations.
Code of Professional -The rules of conduct that govern the legal profession Responsibility .
Codicil An amendment to a will.
Collate -To arrange in order; verify arrangement of pages before binding or fastening; put together.
Collective mark -Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.
Commit -To send a person to prison, asylum, or reformatory by a court order.
Common law -Also case law. Law established by subject matter heard in earlier cases.
Commutation -The reduction of a sentence, as from death to life imprisonment.
Comparative fault -A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.
Comparative negligence -The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.
Complainant -The party who complains or sues; one who applies to the court for legal redress. (See also plaintiff.)
Complaint -1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.
Conciliation -A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal.
Concurrent sentences -Sentences for more than one crime that are to be served at the same time, rather than one after the other. (See also cumulative or consecutive sentences.)
Condemnation -The legal process by which the government takes private land for public use, paying the owners a fair price. (See eminent domain.)
Conformed copy -An exact copy of a document on which has been written things that could not or were not copied, i.e., a written signature is replaced on the conformed copy with a notation that it was signed by the parties.
Consecutive sentences -Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations. (See also cumulative or concurrent sentences.)
Consent -Agreement; voluntary acceptance of the wish of another.
Conservatorship -Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (See also guardianship.)
Consideration -The price bargained for and paid for a promise, goods, or real estate.
Constitution -The fundamental law of a nation or state which establishes the character and basic principles of the government.
Constitutional law -Law set forth in the Constitution of the United States and the state constitutions.
Consumer bankruptcy -A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.
Contempt of court -Willful disobedience of a judge's command or of an official court order.
Continuance -Postponement of a legal proceeding to a later date.
Contract -An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A legally enforceable agreement between two or more competent parties made either orally or in writing.
Contributory negligence -The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.
Conveyance -Instrument transferring title of land for one person or group of persons to another.
Conviction -A judgment of guilt against a criminal defendant.
Corroborating evidence -Supplementary evidence that tends to strengthen or confirm the initial evidence.
Counsel -A legal adviser; a term used to refer to lawyers in a case.
Counterclaim -A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.
Court -A body in government to which the administration of justice is delegated.
Court-appointed attorney -Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.
Court costs -The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.
Court of original jurisdiction -A court where a matter is initiated and heard in the first instance; a trial court.
Court reporter A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-related proceeding.
Court rules-Regulations governing practice and procedure in the various courts.
Creditor -A person to whom a debt is owed by another.
Crime -An act in violation of the penal laws of a state or the United States. A positive or negative act in violation of penal law.
Criminal justice system- The network of courts and tribunals which deal with criminal law and its enforcement.
Cross-claim- A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one co-defendant cross claims against another co-defendant for contribution for any damages assessed against him.
Cross-examination- The questioning of a witness produced by the other side.
Cumulative sentences-Sentences for two or more crimes to run consecutively, rather than concurrently.
Custody- Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.
- D -
Damages - Money awarded by a court to a person injured by the unlawful actor negligence of another person.
Debtor - One who owes a debt to another; a person filing for relief under theBankruptcy Code.
Decision - The opinion of the court in concluding a case at law.
Declaratory judgment - A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.
Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. (See interlocutory.)
Defamation - That which tends to injure a person's reputation. (See libel and slander.)
Default - Failure of the defendant to appear and answer the summons and complaint.
Default judgment - A judgment entered against a party who fails to appear in court or respond to the charges.
Defendant - The person defending or denying a suit.
Defense of property - Affirmative defense in criminal law or tort law where force was used to protect one's property.
Deficient - Incomplete; defective; not sufficient in quantity or force.
Defunct - A corporation no longer operative; having ceased to exist.
Demurrer - A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.
Dependent - One who derives existence and support from another.
Deposition - Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.
Digest - An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement.
Direct evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Direct examination - The first questioning of witnesses by the party on whose behalf they are called.
Directed verdict - In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.
Disbarment - Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. (See censure or suspension.)
Discharge - The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.
Disclaim - To refuse a gift made in a will.
Discovery - The name given pretrial devices for obtaining facts and information about the case.
Dismissal - The termination of a lawsuit. (See with prejudice and without prejudice.)
Dissent To disagree. - An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Dissolution - The termination; process of dissolving or winding up something.
Diversity of citizenship - The condition when the party on one side of a lawsuit is a citizen of one state and the other party is a citizen of another state; such cases are under the jurisdiction of federal courts.
Diversion - The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
Docket - An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a list of or calendar of cases to be tried in a certain term.
Docket control - A system for keeping track of deadlines and court dates for both litigation and non-litigation matters.
Domicile - The place where a person has his permanent home to which he intends to return.
Double jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution.
Due process of law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
- E -
Elements of a crime -Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.
Eminent Domain- The power of the government to take private property for public use through condemnation.
En Banc- All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.
Encyclopedia- A book or series of books arranged alphabetically by topics containing information on areas of law, including citations to support the information.
Enjoining -An order by the court telling a person to stop performing a specific act.
Entity- A person or legally recognized organization.
Entrapment- The act of inducing a person to commit a crime so that a criminal charge will be brought against him.
Entry- A statement of conclusion reached by the court and placed in the court record.
Environment- The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives.
Environmental Protection (EPA) -A federal agency created to permit coordinated and environment effective governmental action to preserve the quality of the . Agency
Equal Protection of the Law -The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equity- Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.
Escheat- The process by which a deceased person's property goes to the state if no heir can be found.
Escrow- Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.
Esquire- In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq.
Estate- A person's property.
Estate tax- Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.
Estoppel -An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.
Ethics- Of or relating to moral action and conduct; professionally right; conforming to professional standards.
Evidence- Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Exceptions- Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.
Exclusionary Rule- The rule preventing illegally obtained evidence to be used in any trial.
Execute- To complete; to sign; to carry out according to its terms.
Executor -A personal representative, named in a will, who administers an estate.
Exempt property -All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
Exhibit -A document or other item introduced as evidence during a trial or hearing.
Exonerate- Removal of a charge, responsibility, or duty.
Ex parte -On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
Ex parte proceeding- Action Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
Expungement -The process by which the record of criminal conviction is destroyed or sealed.
Extradition -The surrender of an accused criminal by one state to the jurisdiction of another.
- F -
Fair market value - The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.
Family law - Those areas of the law pertaining to families, i.e., marriage, divorce, child custody, juvenile, paternity, etc.
Federal Aviation Agency (FAA) - A federal agency which regulates air commerce to promote aviation Administration safety.
Federal Bureau of (FBI) - A federal agency which investigates all violations of federal Investigation laws.
Federal Communications (FCC) - A federal agency which regulates interstate and foreign Commission communications by wire and radio.
Federal Deposit Insurance (FDIC) - An agency which insures deposits in banking institutions in Corporation the event of financial failure.
Federal Mediation and Conciliation Service - An agency which provides mediators to assist in labor-management disputes.
Federal Register - A daily publication which contains federal administrative rules and regulations.
Federal Supplement - Books which gives the government certain control and power to regulate discharge of pollutants into the nation's waters in an effort to achieve clean waters.
Federal Unemployment Tax - A tax levied on employers based on employee wages paid. (FUTA tax)
Felony - A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.
Fiduciary - A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.
File - To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.
Filing Fee - The fee required for filing various documents.
Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
Food and Drug (FDA) - A federal agency which sets safety and quality standards for Administration food, drugs, cosmetics, and household substances.
Foreclosure - A court proceeding upon default in a mortgage to vest title in the mortgagee.
Forfeiture - A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
Fraud - A false representation of a matter of fact which is intended to deceive another.
- G -
Garnishment - A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Good time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half of the maximum sentence.
Government Printing Office - The federal agency in charge of printing, binding, and selling of all government communications.
Grand Jury - A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.
Grantor - The person who sets up a trust. Also referred to as "settlor."
Grievance - In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself.
- H -
Habeas corpus - The name of a writ having for its object to bring a person before a court.
Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
Headnote - A brief summary of a legal rule or significant facts in a case, which along with other headnotes, precedes the printed opinion in reports.
Hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.
Hearsay -- Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Hostile witness - A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.
Hung jury - A jury whose members cannot agree upon a verdict.
- I -
Immigrants - Persons who come into a foreign country or region to live.
Immigration - The entry of foreign persons into a country to live permanently.
Immigration and Naturalization Service (INS) - A federal agency which regulates immigration and naturalization of aliens.
Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
Impeachment - A criminal proceeding against a public official.
Impeachment of a witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.
Implied contract - A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.
Incapacity - Lack of legal ability to act; disability, incompetence; lack of adequate power.
Incarceration - Imprisonment in a jail or penitentiary.
Incompetent - One who lacks ability, legal qualification, or fitness to manage his own affairs.
Independent executor - A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court.
Indeterminate sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
Indictment - A written accusation by a grand jury charging a person with a crime. (See information.)
Indigent - Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.
Initial appearance - The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.
Information - Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.
Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.
Inheritance tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.
Injunction - A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do.
Insolvent - When the total debt of an entity is greater than all of its property.
Instructions - Judge's explanation to the jury before it begins deliberations of the question it must answer and the applicable law governing the case. (Also referred to as charge.)
Intangible assets - Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.
Intentional tort - Wrong perpetrated by one who intends to break the law.
Interlocutory - Temporary; provisional; interim; not final.
Internal Revenue Service (IRS) - The federal agency which administers the tax laws of the United States.
Interrogatories - A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.
Interstate Commerce (ICC) - A federal agency which regulates all transportation in Commission interstate commerce.
Intervention - An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit.
Involuntary bankruptcy - A proceeding initiated by creditors requesting the bankruptcy court to place a debtor in liquidation.
Issue - 1. The disputed pint in a disagreement between parties in a lawsuit. 2. To send out officially, as in to issue an order.
- J -
Joint and several liability - A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.
Joint tenancy - A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.
Judge - A presiding officer of the court.
Judgment - The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination. (See also summary judgment.)
Judgment debtor - One who owes money as a result of a judgment in favor of a creditor.
Judicial lien - A lien obtained by judgment or other judicial process against a debtor.
Judicial review - The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
Judiciary - The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; then bench.
Jurat - Certificate of person and officer before whom a writing is sworn to.
Jurisdiction - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.
Jurisprudence- The study of law and the structure of the legal system.
Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.
Jury Administrator - The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term.
Justiciable - Issues and claims capable of being properly examined in court.
- K -
Key number system - A research aid developed by West Publishing Company which classifies digests of cases in to various law topics and subtopics which are given paragraph numbers called "Key Numbers." Each key number for a given topic helps the researcher quickly find all references to the legal matter being researched.
- L -
Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death.
Larceny - Obtaining property by fraud or deceit.
Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Lawsuit - 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.
Lien - 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.
Litigation - A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Liquidation - The sale of a debtor's property with the proceeds to be used for the benefit of creditors.
Liquidated claim - A creditor's claim for a fixed amount of money.
- M -
Magistrate judge - 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.
Means test - 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). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
Mental health treatment - Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
Misdemeanor - An offense punishable by one year of imprisonment or less. See also felony.
Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Moot - Not subject to a court ruling because the controversy has not actually arisen, or has ended.
Motion - A request by a litigant to a judge for a decision on an issue relating to the case.
Motion to lift the automatic stay - 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.
Motion in Limine - 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.
- N -
No-asset case - A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.
Nolo contendere - No contest. 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.
Nondischargeable debt - A debt that cannot be eliminated in bankruptcy. 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. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.
Nonexempt assets - Property of a debtor that can be liquidated to satisfy claims of creditors.
- O -
Objection to dischargeability - A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.
Objection to exemptions - 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.
Opinion - A judge's written explanation of the decision of the court. 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. If all the judges completely agree on the result, one judge will write the opinion for all. 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. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. 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. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.
Oral argument - An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- P -
Panel - 1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. 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.
Parole - 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. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.
The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.
Party in interest - A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.
Petition preparer - A business not authorized to practice law that prepares bankruptcy petitions.
Per curiam - Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.
Peremptory challenge - 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.
Petit jury (or trial jury) - A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
Petition - 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.
Petty offense - A federal misdemeanor punishable by six months or less in prison.
Plaintiff - A person or business that files a formal complaint with the court.
Plan - A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
Pleadings - Written statements filed with the court that describe a party's legal or factual assertions about the case.
Postpetition transfer - A transfer of the debtor's property made after the commencement of the case.
Prebankruptcy planning - The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)
Precedent - A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. 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 judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Preferential debt payment - 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.
Presentence report - A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
Pretrial conference - 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 schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
Pretrial services - 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. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
Priority - 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.
Priority claim - An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.
Probation - Sentencing option in the federal courts. 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.
Probation officer - Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.
Procedure - The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
Proof of claim - A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)
Pro per - A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Property of the estate - All legal or equitable interests of the debtor in property as of the commencement of the case.
Pro se - Representing oneself. Serving as one's own lawyer.
Prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Pro tem - Temporary.
- Q-
- R -
Reaffirmation agreement - An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.
Record - A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
Redemption - 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. The debtor may then retain the property.
Remand - send back.
Reverse - The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
- S -
Sanction - A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
Schedules - Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)
Secured creditor - A secured creditor is an individual 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.
Secured debt - 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. Examples include home mortgages, auto loans and tax liens.
Senior judge - 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. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
Sentence - The punishment ordered by a court for a defendant convicted of a crime.
Sentencing guidelines - A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
Service of process - The delivery of writs or summonses to the appropriate party.
Settlement - Parties to a lawsuit resolve their dispute without having a trial. 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.
Sequester - To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Small business case - A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Statement of financial affairs - A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)
Statement of intention - A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
Standard of proof - Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." 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.
Statute - A law passed by a legislature.
Statute of limitations - The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
Sua sponte - Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
Subordination - The act or process by which a person's rights or claims are ranked below those of others.
Subpoena - A command, issued under a court's authority, to a witness to appear and give testimony.
Subpoena duces tecum - A command to a witness to appear and produce documents.
Substance abuse treatment - A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.
Substantial abuse - The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.
Substantive consolidation - Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.)
Summary judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case.
Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.
Supervised release - Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.
- T -
Temporary restraining order - Akin to a preliminary injunction, it is a judge 's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony - Evidence presented orally by witnesses during trials or before grand juries.
Toll - See statute of limitations.
Tort - A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
Transfer - Any mode or means by which a debtor disposes of or parts with his/her property.
Transcript - 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.
Trustee - 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. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. 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. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.
Typing service - A business not authorized to practice law that prepares bankruptcy petitions.
- U -
U.S. attorney - A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.
U.S. trustee - 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.
Undersecured claim - A debt secured by property that is worth less than the amount of the debt.
Undue hardship - 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.
Unlawful detainer action - A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.
Unliquidated claim - A claim for which a specific value has not been determined.
Unscheduled debt - A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)
Unsecured claim - 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.
Uphold - The appellate court agrees with the lower court decision and allows it to stand. See affirmed.
- V -
Venue - The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
Verdict - The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
Voir dire - Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
Voluntary transfer - A transfer of a debtor's property with the debtor's consent.
- W -
Wage garnishment - A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. 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.
Warrant - Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
Witness - A person called upon by either side in a lawsuit to give testimony before the court or jury.
Writ - A written court order directing a person to take, or refrain from taking, a certain act.
Writ of certiorari - 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.
- X -
- Y -
- Z -