A claim that arises in or in connection with insolvency proceedings and begins with the filing of a complaint with the court, i.e. a «proceeding» that takes place in the context of insolvency proceedings. Dispute resolution procedure outside the courtroom. Most alternative dispute resolution methods are non-binding and involve referring the case to a neutral party such as an arbitrator or mediator. Now that you`ve refreshed the 50 most common terms, you might feel like you can stand on your own in front of a judge and jury. If you`ve caught yourself dreaming about what it`s like to work as a lawyer between episodes of your favorite court shows, it may be worth exploring the question that`s eating away at you: What is it really like to work in the legal system? If so, you`re certainly not alone. That`s why we`ve summarized some commonly used – and sometimes commonly misused – judicial terms that anyone interested in the legal system should be aware of. Whether you can`t stop watching «The Good Wife,» are a member of Olivia Benson and Elliot Stabler`s fan club, or simply listen to every episode of the «Court Junkie» podcast on your favorite podcast app, the colloquial language of the courtroom is no stranger to you. The judicial drama – whether factual or fictional – is undoubtedly an irrefutable source of fascination for many.
The stories that come out of the courtroom offer a kind of window into some of the most complicated but fundamental aspects of humanity: good versus evil, innocence versus guilt, victim versus guilt, and in some cases, past versus present when they relate to the development of law. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Defence table: The table where the defence lawyer sits with the accused in the courtroom. It is well known that criminal court proceedings drag on for months. From the opening to the final statement, there is a lot going on that jury members (and spectators or listeners) have to absorb before moving on to the deliberation and judging phase. The following terms can help you better understand the ins and outs of the next trial you want. Case law: A term you may have heard casually in your favorite courtroom dramas, case law refers to the law as established in previous court decisions. Case law is a way of citing precedents. Prosecutor Misconduct: As the name suggests, prosecutor misconduct refers to conduct on behalf of a prosecutor that violates court rules or ethical standards of legal practice. Examples include misconduct in the courtroom, manipulation of evidence, failure to disclose evidence, threatening a witness, and using false witnesses – all of which could be used to overturn a conviction if an appeal is filed. You may be familiar with some of the most commonly used court terms, such as witness testimony, opposition, cross-examination, plea, and circumstantial evidence.
But have you ever been stunned by some of the lawyers you hear from episodes of your favorite court shows? Or maybe you suddenly realize that you don`t really know the full meaning of some of the legal terms you`ve become so accustomed to. While the trial may be considered the main event for casual observers, true court enthusiasts know that a lot needs to happen before we even get to the trial. From gathering evidence and questioning witnesses to laws and official processes that must be followed, the following court terms are the ones you usually hear regarding the pre-trial period of a case. A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. Affidavit: A term you`ve probably referred to repeatedly, an affidavit is simply a written or printed statement made under oath. The judge`s position. Under the law, Congress approves the number of judges for each district court and appeals court. A written statement instituting civil proceedings in which the plaintiff describes in detail the claims against the defendant. In a criminal case, the defendant pleads «guilty» or «not guilty» in response to the charge. See also nolo contendere.
A proceeding brought by a single party before the court, without the other party having notified or contested it. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. A lawsuit brought by a landlord against a tenant to evict the tenant from the rental property – usually for non-payment of rent. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A charge on certain immovable property intended to guarantee the payment of a debt or the performance of an obligation. A debtor may still be liable for a lien after debt relief. Property promised as security for the execution of a debt.
Latin, which means «of one`s own will». Often designates a court acting in a case without either party asking for it. Real innocence: The term real innocence refers to the absence of facts necessary for a conviction and is a common defense against criminal charges. In the context of a post-trial appeal in which this defence is used, an accused must present additional evidence that undermines the court`s confidence in a guilty verdict. Any relative of the debtor or a general partner of the debtor; a partnership in which the debtor is a general partner; general partner of the debtor; or a business in which the debtor is a director, officer or controller. Goods of all kinds, including real and personal, tangible and intangible. The formal decision of a court to finally settle the dispute between the parties to the dispute. The legal classification of unsecured claims in the Insolvency Code, which determines the order in which unsecured claims are paid when there is not enough money to pay all unsecured claims in full. Bankruptcy proceedings initiated to reduce or eliminate debt, which is primarily consumer debt. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO.
Testimony: A statement is the testimony of a witness outside the open court – often in the form of oral testimony before an official authorized to take an oath. An insolvency reorganization, in which a company or partnership is usually involved. A Chapter 11 debtor generally proposes a reorganization plan to keep its business alive and pay its creditors over time. Natural or legal persons may also seek redress under Chapter 11. A debt owed by the debtor in certain circumstances, such as when the debtor is a co-signer of another person`s loan and that person does not pay. 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 team of U.S.
assistants.