Legal Definitions A through C
A
Acquittal
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.
Active judge
A judge in the full-time service of the court. Compare to senior judge.
Administrative Office of the United States Courts (AO)
The federal agency responsible for collecting court statistics, administering the federal courts’ budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Admissible
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Adversary proceeding
A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a “trial” that takes place within the context of a bankruptcy case.
Affidavit
A written or printed statement made under oath.
Affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Alternate juror
A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
Alternative dispute resolution (ADR)
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Amicus curiae
Latin for “friend of the court.” It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
Answer
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.Appeal
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. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other party is the “appellee.”
Appellant
The party who appeals a district court’s decision, usually seeking reversal of that decision.Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Appellee
The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.
Arraignment
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.
Article III judge
A federal judge who is appointed for life, during “good behavior,” under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
Assets
Property of all kinds, including real and personal, tangible and intangible.
Assume
An agreement to continue performing duties under a contract or lease.
Automatic stay
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
B
Bail
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. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.
Bankruptcy
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).
Bankruptcy administrator
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.
Bankruptcy code
The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.
Bankruptcy court
The bankruptcy judges in regular active service in each district; a unit of the district court.
Bankruptcy estate
All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor’s property.
Bankruptcy judge
A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.
Bankruptcy petition
A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)
Bankruptcy trustee
A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor’s creditors.
Bench trial
A trial without a jury, in which the judge serves as the fact-finder.
Brief
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Burden of proof
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt. (See standard of proof.)
Business bankruptcy
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
C
Capital offense
A crime punishable by death.Case file
A complete collection of every document filed in court in a case.
Case law
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
Caseload
The number of cases handled by a judge or a court.
Cause of action
A legal claim.
Chambers
The offices of a judge and his or her staff.
Chapter 11
A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.
Chapter 12
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.
Chapter 13
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. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Chapter 13 trustee
A person appointed to administer a Chapter 13 case. A Chapter 13 trustee’s responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor’s plan, receiving payments from debtors, and disbursing plan payments to creditors.
Chapter 15
The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
Chapter 7
The chapter of the Bankruptcy Code providing for “liquidation,” that is, the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a “means test.” The court will evaluate the debtor’s income and expenses to determine if the debtor may proceed under Chapter 7.
Chapter 7 trustee
A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee’s responsibilities include reviewing the debtor’s petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.
Chapter 9
The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).
Chief judge
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority
Claim
A creditor’s assertion of a right to payment from a debtor or the debtor’s property.
Class action
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. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Clerk of court
The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system.
Collateral
Property that is promised as security for the satisfaction of a debt.
Common law
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. Common law principles can be changed by legislation.
Community service
A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.
Complaint
A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Concurrent sentence
Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.
Confirmation
Approval of a plan of reorganization by a bankruptcy judge.
Consecutive sentence
Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.
Consumer bankruptcy
A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
Consumer debts
Debts incurred for personal, as opposed to business, needs.
Contingent claim
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.
Contract
An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Conviction
A judgment of guilt against a criminal defendant.
Counsel
Legal advice; a term also used to refer to the lawyers in a case.
Count
An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
Court
Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”
Court reporter
A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.
Credit counseling
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. 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.
Creditor
A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
