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.)
Source: US Courts Glossary
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
Source: US Courts Glossary
A complete collection of every document filed in court in a case.
Source: US Courts Glossary
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
A judge in the full-time service of the court. Compare to senior judge.
Source: US Courts Glossary
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.
Source: US Courts Glossary
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Source: US Courts Glossary
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."
Source: US Courts Glossary
The party who appeals a district court's decision, usually seeking reversal of that decision.
Source: US Courts Glossary
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.
Source: US Courts Glossary
The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
Source: US Courts Glossary
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.
Source: US Courts Glossary