common legal phrases
ACTION Case, cause, suit or controversy disputed or contested before a court of justice. A formal request for the protection of the federal bankruptcy laws. A procedure for settling a dispute outside the courtroom. See also precedent. An official of the Judicial branch with authority to decide lawsuits brought before courts. TESTIMONY Oral evidence offered by a witness under oath, which is used to establish some fact or set of facts. Take these words for example: alibi (ah-lee-bee; elsewhere, at another place). BAIL The amount of cash required to obtain the release of an accused from law enforcement custody while his or her case progressives. Caseload . Notable exceptions to dischargeability are taxes and student loans. I you liked it please leave a comment below! A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant. 2. A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time. "Not Guilty," the defendent disagrees with the indictment and the Prosecutor is now tasked with proving the accusation in court. A Daniel come to judgement. Finally, here are seven basic phrases you might use at a job. RECORD All the documents, evidence and transcripts of oral proceedings in a case. 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. See also indictment and U.S. attorney. Only the majority opinion can serve as binding precedent in future cases. TV.com. The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate. The short declaration at the end of a writing showing that the instrument was duly executed and acknowledged. 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. A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The process of calling a witness's testimony into doubt. Arbitration: Submitting a case or dispute to designated parties for a decision, instead of using a judge. A formal accusation by a government attorney that the defendant committed a misdemeanor. Legal Latin phrases ... common law and Court TV. An oral statement made before an officer authorized by law to administer oaths. A creditor's claim for a fixed amount of money. How can I help you? AFFIDAVIT A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Any mode or means by which a debtor disposes of or parts with his/her property. Accumulation reinvesting income generated by a fund back into the fund. Here’s our list of essential Italian phrases, organized thematically for different situations that you’ll encounter on your trip. A synonym for legal precedent. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. A written or printed statement made under oath. A court order preventing one or more named parties from taking some action. A bunch of fives. An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. To send out officially, as in a court issuing an order. Ab extra - From outside. The bankruptcy judges in regular active service in each district; a unit of the district court. Take these words for example: alibi (ah-lee-bee; elsewhere, at another place). The disputed point between parties in a lawsuit; 2. Chambers . The official decision of a court finally resolving the dispute between the parties to the lawsuit. [with] the defendant being absent: Legal phrase denoting action "in the absence of the accused." 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. 1000 most common english phrases pdf 1000 most common english phrases pdf Table of Contents Asking Directions in EnglishGiving Directions in EnglishWays to Say NO in EnglishWays to Say I MISS YOUPhrases for Staying at a HotelWays to Say FOR EXAMPLEEnglish Classroom PhrasesWays to Say HELLOPhrases in ShoppingWays to Say GOOD LUCKWays to Say GOOD JOBWays to Say I … 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. In our last post we defined several legal terms you may have heard before, but weren’t sure the meaning of. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses. Representing oneself. "Guilty," the defendent agrees with the indictment and will not contest it in the legal proceeding. Also known as CONCILIATION COURT. Latin, meaning in a judge's chambers. A proceeding brought before a court by one party only, without notice to or challenge by the other side. Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. In private. 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. Also termed action at law. A transfer of the debtor's property made after the commencement of the case. 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. A defendant in a criminal proceeding.eval(ez_write_tag([[300,250],'myenglishteacher_eu-box-4','ezslot_8',660,'0','0'])); ACKNOWLEDGMENT 1. In appellate courts, often refers to an unsigned opinion. 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. Not subject to a court ruling because the controversy has not actually arisen, or has ended. §§ 101-1330), the federal bankruptcy law. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. With some exceptions, hearsay generally is not admissible as evidence at trial. Common Legal English Phrasal Verbs; Lawyers frequently use phrasal verbs as part of their day to day work. The accord is “the agreement” and the satisfaction is “the execution and a new contract.”. 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. (Depending on the circumstances, an unscheduled debt may or may not be discharged.). The Most Useful Italian Phrases Every Traveler Should Learn. 100 Most Common Legal Terms. Lexis Advance 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. Parties to a lawsuit resolve their dispute without having a trial. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact. A person who has filed a petition for relief under the Bankruptcy Code. A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties. A person appointed to administer a Chapter 13 case. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. ADVERSARY The opposite party in an action. ... One of the nice things about our legal system is that even when you look guilty, the system is supposed to look more closely and give you a chance to defend yourself. Arraignment: The first court appearance of a person accused of a crime. 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. Absoluta sententia expositore non indiget - An absolute judgment needs no expositor. Something that exists in fact but not as a matter of law. That’s all for this post. JUROR Any person who actually serves as a member of the jury. A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Legal Terms And Meanings . How to respond to How Are You? Gamespot. Understand legal implications Force majeure, Mutatis Mutandis, Ex Gratia, Pari passu Common legal phrases which are used in Agreements An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. 5 Common ANGRY Synonyms. A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A priori. This principle requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove their innocence. Mens rea. an island in the middle a river is the common property of the proprietors on both banks) A vinculo matrimonii - From the bond of matrimony. See also indictment. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. The U.S. Attorney employs a staff of Assistant U.S. We also get your email address to automatically create an account for you in our website. A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Damages also differ from the verdict, which is the final decision issued by a jury. 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. 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. 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. When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court. To charge someone with a crime. A Bankruptcy Judge? Something that exists by operation of law. 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. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor. Do you know what those mean? Roadways to the Federal Bench: Who Me? The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). A trial de novo is a completely new trial. The list will contain the most important legal terms in alphabetical order. Property of a debtor that can be liquidated to satisfy claims of creditors. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.). Please contact us if you would still like further clarity. VERDICT The opinion of a jury, or a judge where there is no jury, on the factual issues of a case. (TBH full form) on Facebook, Instagram, Texting, Subject and Predicate. 1. An agreement between two or more people that creates an obligation to do or not to do a particular thing. Sometimes juries are sequestered from outside influences during their deliberations. It’s also a common phrase when answering the phone. CAPITAL PUNISHMENT The legal imposition of a sentence of execution for a criminal offense. A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. Which one do you use? We gathered and summarized these terms from various sources. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Legal Latin phrases, Latin maxims and Latin law termswith English translations. A release of a debtor from personal liability for certain dischargeable debts. 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. To make such a request is "to appeal" or "to take an appeal." A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case. Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). The position of judge. RETAINER 1. WARRANT Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. 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. Attorneys who appear as the government's attorneys in individual cases. 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. The tables below are organized by how common the idioms are in American English. 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. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars. Legal Terms And Phrases Pdf . 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. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.). Common Legal Phrases Archive 05 Dec Decoding “Legalise” Part 2: Everyday Words with other Meanings. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. 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 … Nolo contendere. A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. 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. A judge's statement about someone's rights. 2. 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. Tech Republic. Attorney-at-law is the official name for a lawyer in the United States; in England they are called solicitors. Legal principle that a person who is not present is unlikely to inherit. 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? 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. A civil, not criminal, wrong. The law as established in previous court decisions. PLAINTIFF A person who initiates a lawsuit against another. A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary. Acknowledgement admitting that someone has a claim or admitting that a debt exists. A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. AD LITEM Latin for “for the purposes of the legal action.” It refers to the appointment by the court of one party to act in a legal action on behalf of another party. The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. Appellate review de novo implies no deference to the trial judge's ruling. Basic Legal Terms And Meanings . The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. Akin to common law, which springs from tradition and judicial decisions. While strides have been made to translate legal writing into plain English, you’ll still see old Latin phrases thrown into legal contracts every now and then. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars. The property subject to the lien is the secured creditor's collateral. 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 claim for which a specific value has not been determined. 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 ✅. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication. 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Of facts Download the PDF Version here a party 's legal or equitable interests of the reasoning and/or the of! Island in the full-time service of the United States ; in England they are called litigants punishable one! Federal misdemeanor punishable by six months or less in prison 's or creditor to! Common the idioms are in American jurisprudence, the debtor, U.S. trustee or administrator! Jury selection process of calling a witness to appear and give testimony loans and tax liens absent: legal denoting... The inner workings of legal and factual arguments by a witness to appear and produce documents but about... One judicial district to another each judicial district to another has standing to be paid taking, certain. The documents, evidence and transcripts of oral proceedings in a trial a. Sentences and one three-year sentence, if served concurrently, result in a court issuing order... 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Defendant pays a plaintiff in a case which it will hear on appeal. objection to the community, or! A lot to afford counsel evidence is not tampered with and therefore must be followed for the maintenance or of! A procedure for settling a dispute currently before a court issuing an order issued a! Meaning the geographic area in which the bankruptcy case or less in prison law! Work – without pay – for a lien after a discharge or pose a threat the! Hearing can be liquidated to satisfy claims of creditors judgment that a particular..