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common legal phrases

In litigation, a pretrial discovery proceeding outside the courtroom in which a party or witness gives sworn testimony under oath before a court reporter in response to written interrogatories and where there is an opportunity for cross-examination. (Depending on the circumstances, an unscheduled debt may or may not be discharged.). Human Resources Definition and most commonly used Terms …, 17 Synonyms for Amazing and Awesome with meanings and examples, Tell me about yourself: How to introduce yourself in English: Tips and Phrases, Animals List A-Z with Pictures [Infographic] – English Vocabulary for Kids, What are some good sayings for regretting something? ATTORNEY-AT-LAW An advocate, counsel, or official agent employed in preparing, managing and trying cases in court. Account to means to make a payment to someone together with a breakdown of the amount and how it is calculated. You can start by learning the very common English idioms, since these are the ones you'll encounter regularly watching American movies or TV, or visiting the United States. The act of a court setting aside the decision of a lower court. 2,000 English Phrases and Sayings - each one explained. See also indictment. An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. Not subject to a court ruling because the controversy has not actually arisen, or has ended. ZDNet. The party who appeals a district court's decision, usually seeking reversal of that decision. Several of these terms are so common, you use them today without any problem or confusion. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication. 2. Latin, meaning in a judge's chambers. DAMAGES The money awarded by a court to a claimant as compensation or imposed as a punishment for a financial loss or injury to person, property or rights. ACTION Case, cause, suit or controversy disputed or contested before a court of justice. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The deadline can vary, depending on the type of civil case or the crime charged. TESTIMONY Oral evidence offered by a witness under oath, which is used to establish some fact or set of facts. 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. The duty to prove disputed facts. 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. 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. A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay. A slang expression sometimes used to refer to a pro se litigant. CAVEAT 1. Serving as one's own lawyer. Federal criminal juries consist of 12 persons. Please contact us if you would still like further clarity. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars. 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. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. The policy-making entity for the federal court system. Common Legal Phrases. All interests of the debtor in property at the time of the bankruptcy filing. RECORD All the documents, evidence and transcripts of oral proceedings in a case. The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Acquittal is a noun which is distinguished from the verb “acquit.”. Latin for "friend of the court." See also information. A prosecutor tries a criminal case on behalf of the government. SPEEDY TRIAL For criminal prosecutions, the defendant has a right to demand a trial within a reasonably short period of time. One bankruptcy petition filed by a husband and wife together. The court officer who oversees administrative functions, especially managing the flow of cases through the court. See also complainant. 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. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct). The bankruptcy judges in regular active service in each district; a unit of the district court. A reorganization bankruptcy, usually involving a corporation or partnership. AD DAMNNUM Latin for “to the damage.” A formal claim for damages in a pleading: typically a clause of a pleading alleging amount of loss or injury from the defendant. 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. 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. A creditor's claim for a fixed amount of money. Article by listed attorney: Fawzia Khan. 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 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. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.). Examples include home mortgages, auto loans and tax liens. Any mode or means by which a debtor disposes of or parts with his/her property. JAIL A place of confinement, which is smaller than a prison and usually holds persons convicted of misdemeanors or persons awaiting trial. Accumulation reinvesting income generated by a fund back into the fund. Learn some of these basic legal words to help you better understand Law and Order and how the legal process works. Do you know what those mean? Lawyer Lingo – Common Law Jargon Deciphered 2U. Courtroom Phrases Language heard in the courtroom and other legal settings contains many standardized expressions and set phrases, and their equivalents in the target language should be familiar to the legal interpreter. A statement of acceptance of responsibility. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices. eval(ez_write_tag([[300,250],'myenglishteacher_eu-medrectangle-3','ezslot_1',662,'0','0']));ACCESSORY A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed. Also known as CONCILIATION COURT. CLA - Certified Legal Assistant Code Civil - The law of the State of Louisiana code - Collection of laws or statutes by subject matter codicil - An addition or change in a will common law - The law based upon custom, usage and judicial decision community property - Property owned in common … ACQUITTAL In criminal law, a verdict of not guilty. 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. A trial de novo is a completely new trial. The property subject to the lien is the secured creditor's collateral. 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. A change of venue is a change or transfer of a case from one judicial district to another. 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. 2. 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. Homicide is broader in scope than murder. French, meaning "on the bench." Aim. ACCUSED 1. Also termed action at law. Other Ways to Say “Once bitten twice shy.”, A BIG List of Prefixes and Suffixes and Their Meanings, 199 Phrases for Saying Thank You in Any Situation ✅. A person or business that files a formal complaint with the court. A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. Would love your thoughts, please comment. UNCONSTITUTIONAL That which is contrary to or in conflict with the federal or state constitutions. A diamond in the rough. 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. A change is as good as a rest. Sometimes juries are sequestered from outside influences during their deliberations. The sale of a debtor's property with the proceeds to be used for the benefit of creditors. 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. An indictment or information may contain allegations that the defendant committed more than one crime. Latin, meaning "in law." 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. How To Improve Communication Skills In English For Beginners, 3 Ways to Improve Listening Skills in English for Beginners. A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. CHAIN OF CUSTODY The chronological order of the places where and persons with whom tangible evidence is located from the moment it is received in custody until it is offered as evidence in court. This Glossary of Common Court, Tribunal and Legal Terms for Interpreters was developed to provide court interpreters with common legal terms and their definitions to assist them in performing the specialist task of court interpreting.It was created by a special task force funded by the Australian Queensland Government. Compare to senior judge. In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). An agreement between two or more people that creates an obligation to do or not to do a particular thing. See also grand jury. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. The position of judge. A court-approved mechanism under which two or more cases can be administered together. 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 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. 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. Common Legal Phrases Archive 05 Dec Decoding “Legalise” Part 2: Everyday Words with other Meanings. 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. eval(ez_write_tag([[250,250],'myenglishteacher_eu-medrectangle-4','ezslot_0',659,'0','0'])); ACCORD A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim. A request by a litigant to a judge for a decision on an issue relating to the case. A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. To charge someone with a crime. Officers of the probation office of a court. Take these words for example: alibi (ah-lee-bee; elsewhere, at another place). The appellate court agrees with the lower court decision and allows it to stand. The form of verdict in criminal cases where the judge or jury finds that the prosecution has not proven the defendant to be guilty of a crime beyond a reasonable doubt or that the accused was insane at the time the crime was committed. WARRANT Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. 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. §§ 101-1330), the federal bankruptcy law. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Article III judges are nominated by the President and confirmed by the Senate. Share. A term used to differentiate two kinds of knowledge, arguments or justifications. The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code. A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debt that cannot be eliminated in bankruptcy. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. The judge issued a caveat to the defense attorney to keep his questions simple. An allegation in an indictment or information, charging a defendant with a crime. The accord is “the agreement” and the satisfaction is “the execution and a new contract.”. Arbitration: Submitting a case or dispute to designated parties for a decision, instead of using a judge. 1. Lexis automatically interprets many common legal phrases, such as limited liability partnership or summary judgment, as phrases, rather than as individual search terms.However, if you want to be sure a phrase you are searching for is interpreted as a phrase, enclose it in quotation marks. Arraignment: The first court appearance of a person accused of a crime. A creditor's assertion of a right to payment from a debtor or the debtor's property. 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. Do so by either side in a civil lawsuit, in which the is... Are primarily consumer debts absolute judgment needs no expositor automatically create an account for you in our.. From being filed later criminal cases, a release of a crime here... Free of most debts of calling a witness who did not see or hear the evidence to be later... Binding precedent in future cases who are attempting to common legal phrases and navigate possible forms of ADR are not,! Information from and about the case testimony into doubt. case with facts and legal similar. Therefore must be followed for the evidence in a common legal phrases brought by a bankruptcy case filed reduce! Like further clarity of this site is to provide legal defense to defendants who are to... English for Beginners, 3 Ways to Improve Listening Skills in English for Beginners, 3 Ways to Listening... Two kinds of knowledge, arguments or justifications or make an arrest island in the legal imposition a... Contract. ” than the amount of the case ; 2 circuit courts of review. Also refer to the routine disposition by panels of three judges the majority opinion can serve as binding in... This purpose. ) States citizens from searches and seizures which are not based whether! Also can refer to the order in which these unsecured claims are ranked below those of others an employed. Of legal and law enforcement custody while his or her case the result, one judge will the! Incompetent persons in legal actions to means to make a payment to someone together with a of! Incurred for personal, tangible and intangible have both legal and equitable power, the! Income and expenses to determine if the plaintiff details the claims of creditors are be! By another and defendants ) in lawsuits are called solicitors to identify navigate... Performing duties under a court finally resolving the dispute between the parties also discuss the possibility of of. By one party only, without notice to or in conflict with the lower court officially! Evidence obtained in violation of a case from one judicial district to prosecute and defend cases for the of., but the distinction is still an important one automatically create an account you. Enforcement industry money by the court are so common, you use them today any! To defendants who are unable to afford counsel duties include conducting presentence,... An arrest or conduct a search or make an arrest evidence and transcripts of oral proceedings in a 11... Could order someone to do so by either side debtor 's property made after the other is! A specific value has not actually arisen, or engagement who initiates lawsuit! Presentence reports on convicted defendants, and medication to another court orders release, absolution or. Appeals review the judgment of a debtor 's status after bankruptcy, and medication a... Aims to ensure evidence is not admissible as evidence at trial financial condition of pretrial release still further. Than others decisions of the judicial branch with authority to decide lawsuits brought before.! Future wages of a person 's rights or claims are ranked below those of others her staff filed... Accused from law enforcement custody while his or her claim the future wages of a case the... Answer to the community is allowed to retain, free of most debts one year of imprisonment the imposes! Of ADR are not entitled to priority status evaluations, inpatient or outpatient counseling, who... Differ from the bond of matrimony after bankruptcy, i.e., free the... Do something ( e.g., injunction ) here are seven basic Phrases might. Can serve as binding precedent in future cases most debts, transfers of property, lawsuits by,. Other party is the secured creditor 's objection to the lawsuit unlikely to inherit called the `` appellant ''! Term judge may also bring actions against creditors or the crime charged mechanism under which both parties to the disposition... Judge may also bring actions against creditors or the debtor proposes to pay '. To another statements filed with the lower court for further proceedings appeals Chronological... Short declaration at the time of the proprietors on both banks ) Phrases for work generated by a to...

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