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. Arraignment: The first court appearance of a person accused of a crime. [with] the defendant being absent: Legal phrase denoting action "in the absence of the accused." A legal claim. Action is used more often for civil lawsuits than for criminal cases. Serving as one's own lawyer. Lawyer Lingo – Common Law Jargon Deciphered 2U. The disputed point between parties in a lawsuit; 2. A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code). A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services.eval(ez_write_tag([[300,250],'myenglishteacher_eu-mobile-leaderboard-2','ezslot_18',677,'0','0'])); SMALL CLAIMS COURT A special court that handles expeditious and inexpensive civil claims for small amounts of money. ADDITUR An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is 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. 2,000 English Phrases and Sayings - each one explained. MOOT A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. 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. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract). 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. Also termed action at law. The tables below are organized by how common the idioms are in American English. UNCONSTITUTIONAL That which is contrary to or in conflict with the federal or state constitutions. To send out officially, as in a court issuing an order. 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. Participants (plaintiffs and defendants) in lawsuits are called litigants. Please contact us if you would still like further clarity. An offense punishable by one year of imprisonment or less. 1. (There is an official form for this purpose.). Common Legal English Phrasal Verbs; Lawyers frequently use phrasal verbs as part of their day to day work. This principle requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove their innocence. Caveat emptor. How can I help you? One bankruptcy petition filed by a husband and wife together. The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. BANKRUPTCY Judicial proceedings by which most debts owed by a person found to be insolvent is relived of liability for his or her debts by making court-approved arrangements for partial repayment. Written statements filed with the court that describe a party's legal or factual assertions about the case. A chain is only as strong as its weakest link. The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.). The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. Debts may be extinguished, reduced or the payment of which may be delayed. To charge someone with a crime. That’s all for this post. The sale of a debtor's property with the proceeds to be used for the benefit of creditors. WARRANT Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. See also COMPENSATORY DAMAGES, PUNITIVE DAMAGES. The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. A release of a debtor from personal liability for certain dischargeable debts. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay. 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. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. 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. Latin, meaning "in law." We gathered and summarized these terms from various sources. The offices of a judge and his or her staff. 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 ✅. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. Prison terms for two or more offenses to be served one after the other. Here are ten of the most common. A different kettle of fish. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct). Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. Any mode or means by which a debtor disposes of or parts with his/her property. 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. To make such a request is "to appeal" or "to take an appeal." Below is a list of some of the more common Latin or legal phrases that one might encounter in a lawsuit: Common Latin Phrases in Law. CAPITAL PUNISHMENT The legal imposition of a sentence of execution for a criminal offense. A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). Approval of a plan of reorganization by a bankruptcy judge. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling. Latin, meaning "in fact" or "actually." INNOCENT UNTIL PROVEN GUILTY The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime. A court-approved mechanism under which two or more cases can be administered together. Representing oneself. Government entity authorized to resolve legal disputes. The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. (There are official forms a debtor must use.). Nolo contendere. CBS News. 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