The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. Put a document in the official custody of the court clerk for inclusion in the records or records of a case. The obligation to prove the disputed facts. In civil matters, a claimant generally has the burden of proof in his or her case. In criminal matters, the government has the burden of proof of the guilt of the accused. (See Standard of Proof.) A term used to describe evidence that can be examined by a jury or judge in civil and criminal cases. The formal written statement of a defendant in civil proceedings responding to a complaint and stating the reasons for the defence. Panel – (1) In appeal proceedings, a panel of judges (usually three) is responsible for deciding the case; (2) In the jury selection procedure, the group of potential jurors. A complete collection of all documents filed with the court in a case. Attorney of the United States of America (or federal prosecutor) – A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. Federal Question – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress, and treaties. In some cases, state courts can also decide these issues, but cases can still be brought in federal courts.
Jury Instructions – A judge`s explanation to the jury before it begins to deliberate on the questions it must answer and the law governing the case. Each party offers instructions from the jury to the judge, but the judge chooses the final wording. A bailiff of a district court who conducts a first trial in criminal cases, decides on criminal cases, conducts many pre-trial civil and criminal cases on behalf of district judges and decides on civil cases with the consent of the parties. Jury – to inquire about persons selected and sworn in accordance with the law and to make a judgment on questions of fact. Jurors in state courts can be as small as six jurors in some cases. Federal jurors for civil lawsuits must have six jurors, criminal cases must have twelve. Binding precedent – A previous decision of a court that must be followed without compelling reason or significantly different facts or issues. Courts are often bound by the decisions of the courts of appeal, which have the power to review their decisions.
For example, district courts are bound by decisions of the Court of Appeals, which can review their cases, and all courts – state and federal – are bound by decisions of the U.S. Supreme Court. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges “generally follow precedents,” that is, they apply the principles established in previous cases to rule on new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was tried incorrectly or that it differed significantly from the current case in some way. A debt payment to a creditor within 90 days of a debtor`s bankruptcy filing (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the case of the debtor under Chapter 7. the formal procedure by which a court case is judicially commenced – (1) The legal power of a court to hear and decide a case. Concurrent jurisdiction occurs when two courts have jurisdiction in the same case at the same time. Some issues may be heard in state and federal courts.
The plaintiff first decides where to sue, but in some cases, the defendant may try to change courts. 2. The geographical area in which the General Court has jurisdiction to rule on cases. A federal court in a state, for example, can usually rule on only one case arising from acts committed in that state. A person designated in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The duties of the trustee include the examination of the debtor`s application and annexes, the liquidation of the assets of the estate and the distribution to creditors. The trustee may also bring actions against creditors or the debtor to recover assets from the bankruptcy estate. A federal judge who, after reaching the required age and duration of judicial experience, assumes the status of a senior judge, thereby creating a vacancy among the active judges of a court. A high-ranking judge retains the function of judge and can reduce his workload by up to 75%, but many opt for a greater number of cases. English version of the thesaurus of court proceedings and court proceedings A bankruptcy case filed either without calendars or with incomplete calendars listing certain creditors and debts. (Facial sheet deposits are often made to delay the deportation or seizure of a simple and expeditious court case Plea – In a criminal case, the defendant`s testimony pleads guilty to “guilty” or “not guilty” in response to the indictment made public. A plea from nolo contendere or a plea from Alford can also be made.
An admission of guilt allows the accused to drop a trial. in bench – “In the bank” or “full bank”. These are hearings in which all members of a tribunal participate, not the usual quorum. U.S. appellate courts typically sit on panels of three judges, but may be expanded to a larger number in certain cases that they deem important enough to be decided by the entire court. They should then sit in the bench. Journalism is primarily a legal matter or political issue that interests many people and argues otherwise – when an appeals court overturns a lower court`s decision due to an error. A reversal is often followed by pre-trial detention. For example, if the defendant argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case will be remanded in custody so that the trial court can reconsider the case without that evidence. legal advice; A term also used to refer to lawyers in a case.
A procedure for resolving a dispute outside the courtroom. Most alternative dispute resolution methods are not binding and involve referring the case to a neutral party such as an arbitrator or mediator. Written pleadings – Written observations of the parties in a civil case concerning their positions. In federal courts, the most important pleadings are the complaint and the response. The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: 1. In appeal proceedings, a group of judges (usually three) to rule on the case; 2. In the jury selection process, the group of potential jurors; 3. The list of lawyers who are both available and qualified to serve as court-appointed lawyers for defendants who cannot afford their own legal advice. A transfer of the debtor`s assets after commencement of proceedings. A special type of Chapter 11 case where there is no creditor committee (or the creditor committee is considered inactive by the court) and the debtor is subject to closer supervision by the U.S.
trustee than other Chapter 11 debtors. The Insolvency Code contains certain provisions to shorten the time it takes for a small business owner to go bankrupt. A person responsible for managing a Chapter 13 case. The responsibilities of a Chapter 13 trustee are similar to those of a Chapter 7 trustee; However, a Chapter 13 trustee has the additional responsibility of overseeing the debtor`s plan, receiving payments from debtors, and disbursing plan payments to creditors. The representative of the bankruptcy estate exercising legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. The trustee is a natural person or entity appointed in all cases of Chapters 7, 12 and 13 and, in some cases, chapter 11. The duties of the trustee include examining the debtor`s application and annexes, as well as bringing actions against creditors or the debtor in order to recover ownership of the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors.
Chapter 12 and 13 trustees have similar functions to a trustee under Chapter 7 and the additional responsibilities of overseeing the debtor`s plan, receiving payments from debtors, and disbursing plan payments to creditors. Letter – A written statement submitted by each party`s lawyer in a case that explains to judges why they should decide the case (or a particular part of a case) in favor of that lawyer`s client. An insolvency document that contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities. LegalAmerican a list of cases awaiting review by the courts A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. an official statement in which a judge states that he or she disagrees with other judges in a legal case, the correct way in which a court case or other legal matters are handled, which guarantees the protection of the rights of individuals, a statement you make to a judge or other person reviewing your case, submits criminal proceedings initiated by an individual or a private organization, and not, as is usually the case, by the habeas corpus of the state – a complaint often used to bring a prisoner to justice to determine the lawfulness of his detention.
