An offense punishable by one year of imprisonment or less. See also felony.
Source: US Courts Glossary
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Source: US Courts Glossary
Not subject to a court ruling because the controversy has not actually arisen, or has ended
Source: US Courts Glossary
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.
Source: US Courts Glossary
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.
Source: US Courts Glossary
A request by a litigant to a judge for a decision on an issue relating to the case.
Source: US Courts Glossary
A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.
Source: US Courts Glossary
No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Source: US Courts Glossary
A debt that cannot be eliminated in bankruptcy. 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. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and pUS Cgeabi Gction.
Source: http://www.uscourts.gov/glossary
Property of a debtor that can be liquidated to satisfy claims of creditors.
Source: US Courts Glossary
A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. 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.
Source: US Courts Glossary
A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.
Source: US Courts Glossary
A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning aUS Cre ca Gee also precedent.
Source: http://www.uscourts.gov/glossary
An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Source: US Courts Glossary
1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
Source: US Courts Glossary
The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer. The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.
Source: US Courts Glossary
A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.
Source: US Courts Glossary
Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.
Source: US Courts Glossary
A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
Source: US Courts Glossary
A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
Source: US Courts Glossary
A form of discovery consisting of written questions to be answered in writing and under oath.
Source: US Courts Glossary
1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.
Source: US Courts Glossary
A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)
Source: US Courts Glossary
One bankruptcy petition filed by a husband and wife together.
Source: US Courts Glossary
An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
Source: US Courts Glossary