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. Oral argument: The opportunity for lawyers to summarize their position before the court and answer questions from the judges. In civil proceedings, the person or entity against whom the plaintiff brings an action; in criminal proceedings, the person charged with the offence. The official record of the proceedings at a hearing or hearing, kept by the court reporter. Arrest warrant: An arrest warrant is an arrest warrant issued by a judge who orders a person to appear in court for failing to comply with a court order. The judicial drama – whether factual or fictional – is undoubtedly an irrefutable source of fascination for many. The stories that come out of the courtroom offer a kind of window into some of the most complicated but fundamental aspects of humanity: good versus evil, innocence versus guilt, victim versus guilt, and in some cases, past versus present when they relate to the development of law. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct.
To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. The judicial officer who supervises the administrative functions, in particular the management of the flow of cases by the court. The clerk`s office is often referred to as the central nervous system of a court. Ticker: A transcript with short entries of court hearings. “In the manner of a poor man.” Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. Burden of proof: Burden of proof refers to the standard used to prove claims in a court case. The obstacle depends on the type of court case. The burden of proof is heavy in criminal proceedings – defendants are presumed innocent until the prosecution can prove beyond doubt that a crime was committed by the accused. Brief – A formal written order of the court that requires the performance of a specific act. A colloquial term sometimes used to refer to a litigant.
It is a corruption of the Latin expression “in propria persona”. Assault vs. assault: Often used wrongly interchangeably, assault and assault are different crimes. Bodily harm is a lesser charge that refers to any intentional act that causes another party to fear physical harm. However, the battery requires the attacker to physically hit or hit the victim offensively. Trial: A hearing that takes place when the accused pleads “not guilty” and witnesses are required to appear in court to testify. An order of the United States The Supreme Court orders the lower court to provide records of a case it will hear on appeal. A dispute that is brought before the courts for trial or trial. Trial error: Invalid trial caused by a fundamental bug. If a void trial is pronounced, the trial must begin with jury selection.
Hearsay: The testimony of a witness who has not seen or heard the incident in question, but has heard about it from someone else. Hearsay is generally not admissible as evidence in court. Federal Issue – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress and treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. nolo contendere – No competition. Has the same effect as an admission of guilt with respect to the criminal conviction, but the plea cannot be considered an admission of guilt for other purposes. Sometimes an admission of guilt could later be used to show errors in a trial, but the nolo contendere plea requires the plaintiff in the trial to prove that the defendant committed the crime. A plea filed with the court by the defendant in pre-trial civil proceedings to answer or reject the plaintiff`s claims.
Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts, possibly by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Restitution: If a defendant is ordered to provide financial compensation to the victim or community service imposed by the court, this is considered restitution. Essentially, it is a payment for service or money to compensate for what they have done. See-say: Procedure by which judges and lawyers select a jury from among persons qualified to perform their functions by questioning them in order to ensure knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. Appeal: Once a defendant is found guilty, they can appeal – or a motion to have the decision reviewed by a higher court to determine if it was correct. A court-recognized mechanism where two or more cases can be managed together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool resources, hire the same professionals, etc.) A request by a party that the court excuse a particular jury because the jury is biased in some way.