“Type of tobacco product” means one or a combination of the following tobacco products: (a) cigarettes; (b) loose tobacco intended for incorporation into cigarettes; (c) cigars; (d) cigarillos; (e) pipe tobacco; […]
Procedures used to obtain disclosure of evidence before trial Under Civil Procedure Code Se 30 Power to order discovery and the like .—Subject to such conditions and limitations as may be prescribed, […]
Declaratory judgment A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right. Default judgment A judgment awarding […]
Court Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.” Court reporter A person […]
Concurrent sentence Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served […]
A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that […]
West the Statute Law on a subject is silent, the Common Law is to govern it; and what is the Common Law, depends upon principle and precedent. Common law The legal […]
Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system.
Burden of proof 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 […]
Bench trial A trial without a jury, in which the judge serves as the fact-finder.
Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.
Bail The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person’s appearance in court when required. Also can refer to the amount […]
Automatic stay An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
Appeal 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 […]
Amicus curiae 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.
Alternative dispute resolution (ADR) 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 […]
Affirmed 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 […]
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 […]
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
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.