The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and creditors. The functions of the liquidator include reviewing the debtor`s application and schedules, liquidating the assets of the estate and distributing them to creditors. The liquidator may also bring actions against the creditors or the debtor in order to recover ownership of the bankruptcy estate. Governmental body empowered to settle disputes. Judges sometimes use the term „court“ to refer to themselves in the third person, as in „the court read the pleadings.“ We provide high-quality, personalized legal services to every client we serve. We also focus on legal work with a broader scope that targets systemic changes that help more people achieve a decent quality of life. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held.

Often referred to as TRO. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial.

In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally „follow precedents,“ that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case.

The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A written statement filed in court or an appeal that explains a party`s legal and factual arguments.

The Study of Law and the Structure of the Legal System A lawyer hired by federal courts full-time to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Get legal help, replace documents and find out about your family history. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. „Legal Steps.“ Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20action. Retrieved 21 September 2022. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff.

With respect to civil actions in „equity“ and not in „law“. In English legal history, courts of „law“ could order the payment of damages and could offer no other remedy (see damages). A separate „fairness“ tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in „legal cases,“ but not in „fairness“ cases. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases.

The time limit within which a prosecution must be instituted or a prosecution initiated. The time limit may vary depending on the nature of the civil proceedings or the criminal offence charged. The opportunity for lawyers to summarize their position in court and also to answer questions from judges. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions.