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.
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.
A business not authorized to practice law that prepares bankruptcy petitions.
Latin, meaning “for the court.” In appellate courts, often refers to an unsigned opinion.
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.
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.
The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.
The party initiating a proceeding or the party bringing an appeal to a higher court.
A federal misdemeanor punishable by six months or less in prison.
A person or business that files a formal complaint with the court.
A debtor’s detailed description of how the debtor proposes to pay creditors’ claims over a fixed period of time.
In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges. See also nolo contendere.
The process by which the parties in an action present their causes of action and arguments.
Written statements filed with the court that describe a party’s legal or factual assertions about the case.
Asking individual jurors whether they assent to a reported verdict.
An order of a court finding a person unable to pay the costs, fees and expenses necessary to prosecute or defend an action or appeal. Once the status is granted, the poor person is not liable for the costs or fees in the action.
A transfer of the debtor’s property made after the commencement of the case.
Authorization for one person to act as the agent of another.
The arrangement (or rearrangement) of a debtor’s property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally “follow precedent” – meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. 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.
A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor’s chapter 7 case.
A pretrial hearing conducted by a judge to determine if an individual should be held to answer for criminal charges.
A report prepared by a court’s probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
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. Typically, the judge and the parties also discuss the possibility of settlement of the case.
A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
The Bankruptcy Code’s statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.
An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.
Made between persons in a particular relationship which is not subject to disclosure without the permission of the individual benefiting from the privilege (i.e., attorney-client; husband-wife; doctor-patient.)
The process of proving a will.
Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.
Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.
The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)
Legal services provided without cost.
A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase “in propria persona.”
All legal or equitable interests of the debtor in property as of the commencement of the case.
Representing oneself. Serving as one’s own lawyer.
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
A district attorney, attorney general, their assistants or any other public official who represents the people in a criminal action.