|
|
 |
Appeal: a legal action which seeks review by a court of a lower court decision.
Arbitration hearing: an informal legal proceeding held before a neutral person called an arbitrator.
Bankruptcy: is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organization, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the "bankrupt" individual or organization.
Chapter 7 Bankruptcy for Individuals: Individuals can file for bankruptcy in a federal court under Chapter 7 ("straight bankruptcy", formally liquidation) or Chapter 13 (a "reorganization", formally debt adjustment case). In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property, and most liens, such as real estate mortgages, survive. Other assets, if any, are sold (liquidated) by the interim trustee to repay creditors. Many types of unsecured debt are cancelled. There are 19 (as of 2005) general classes of debt not discharged in a Chapter 7. Common exceptions to discharge include child support, most taxes, most student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determinate the discharge ability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor.
Chapter 7 Bankruptcy for Business: When a troubled business is badly in debt and unable to service that debt or pay its creditors, it may file (or be forced by its creditors to file) for bankruptcy in a federal court under Chapter 7 (liquidation) or Chapter 11 (reorganization). A Chapter 7 filing means that the business intends to sell all its assets, distribute the proceeds to its creditors, and then cease operations. This may or may not mean that all employees will lose their jobs; when a very large company enters Chapter 7 bankruptcy, it may be that entire divisions of the company are sold intact to other companies during the liquidation. Secured creditors, such as bondholders, have a higher-priority claim on the proceeds than unsecured creditors, such as vendors who have not yet been paid for products they previously delivered to the company. A corporation or other legal entity that is a debtor under Chapter 7 is not entitled to a discharge of its debts: once all assets of the company have been fully administered, the case is closed and the debts of the entity, theoretically, continue to exist.
Chapter 11 Bankruptcy: Chapter 11 of the Bankruptcy Code governs the process of reorganization under the bankruptcy laws of the United States . When a troubled business decides that it is unable to service its debt or pay its creditors, it can file (or be forced by its creditors to file) with a federal bankruptcy court for bankruptcy protection under either Chapter 7 (liquidation) or Chapter 11. A Chapter 7 filing means that the business intends to sell all its assets, distribute the proceeds to its creditors, and then cease operations. A Chapter 11 filing, on the other hand, is an attempt to stay in business while a bankruptcy court supervises the "reorganization" of the company's contractual and debt obligations. The court can grant complete or partial relief from most of the company's debts and its contracts, so that the company can make a fresh start. Often, if the company's debts exceed its assets, then at the completion of bankruptcy the company's owners (stockholders) all end up with nothing -- all their rights and interests are terminated -- and the company's creditors end up with ownership of the newly reorganized company, in the hopes that it will eventually succeed financially as compensation for their losses.
Chapter 12 Bankruptcy: Chapter 12 is somewhat like Chapter 13 but is only available to farmers in certain situations. As recently as mid-2004 Chapter 12 was scheduled to expire but in late 2004 it was given a renewed lease on life.
Chapter 13 Bankruptcy: Chapter 13 bankruptcy filing is a way for individuals in the United States to undergo a financial reorganization supervised by a federal bankruptcy court. The Bankruptcy Code anticipates the goal of Chapter 13 as enabling income-receiving debtors a debtor rehabilitation provided they fulfill a court-approved plan.pla Compare the goal of Chapter 13 with the relief contemplated in Chapter 7 that offers immediate, complete relief of many oppressive debt(s). An individual who is badly in debt can file for bankruptcy either under Chapter 7 (liquidation, or straight bankruptcy) or under Chapter 13 (reorganization). The choice is not a coin flip. The appropriate chapter depends on the situation. The debtor's disposable income and the type of relief sought plays a tremendous role in the choice of chapters. In some cases the debtor simply cannot file under Chapter 13, as he or she cannot, if he or she simply lacks the disposable income necessary to fund a viable Chapter 13 plan (see below). Under Chapter 13, the debtor proposes a plan to pay his creditors over a 3 to 5 year period. During this period, his creditors cannot attempt to collect on the individual's previously incurred debt except through the bankruptcy court. In general, the individual gets to keep his property, and his creditors end up with less money than they are owed.
Civil: not criminal. In a civil action, one person or entity is suing another, usually for money damages.
Continuance: the postponement of an action pending in court to another date.
Court of Appeals: 15 judges, elected statewide, make up this intermediate appellate court. Judges sit in rotating panels of three, and they hear appeals from the trial courts in all civil cases and all criminal cases except death penalty cases, and also hear appeals from certain state administrative agencies. Voters elect the judges in statewide, partisan elections for eight-year terms.
Court-Ordered Arbitration: most civil cases involving claims totaling $15,000 or less are subject to court-ordered arbitration. Arbitration hearings are usually limited to one hour, take place in the courthouse and are conducted by a trained and approved attorney arbitrator who is either appointed by the court or selected by the parties. In many cases, the arbitrator's award becomes the final settlement, without the need for a trial. Sixty-nine counties in the state have a Court-Ordered Arbitration program.
Damages: money awarded for an injury or loss due to the unlawful act or negligence of another.
De Facto: Latin, meaning in fact or actually.
Defendant: a person accused of a crime or a person being sued in a civil action.
De Jure: Latin meaning in law or lawfully.
Dismissal with Prejudice: prevents an identical lawsuit from being filed later.
Dismissal without Prejudice: allows a later filing.
Guardian ad Litem: a person appointed by the court to represent the interest of a minor or incompetent during the litigation.
Guardian ad Litem Program: when a child is thrust into the legal system because of abuse, neglect or dependency, a trained GAL volunteer researches the child's home and community situation. That volunteer acts as the child's advocate in court, giving a judge information on the child's situation and making recommendations for the child's best interests including a safe, permanent home. More than 3,600 volunteers represent 12,000 children in every county across the state.
Habeas Corpus: Latin for "You have the body." Most often, a writ of habeas corpus is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. A petition for a writ of habeas corpus often is filed in federal courts by state prison inmates who say their state prosecutions violated federally protected rights in some way.
Indictment: a formal written accusation charging one or more people with a felony. It is submitted to a grand jury by the prosecuting attorney.
Injunction: a court order preventing one or more specific parties from taking some action. A preliminary injunction often is issued to allow fact-finding so a judge can determine whether a permanent injunction is justified.
Lien: a legal claim usually against a piece of land for payment of some debt, obligation, or duty. Some forms of liens are tax liens and materialman's liens.
Moot: not subject to a court ruling because the controversy has not actually arisen, or has ended.
Motion: A document filed with the court seeking to obtain a ruling or order from the court that is favorable to the party filing a motion.
Notice: a formal, written announcement communicating scheduling information or other information about a case. The original notice is filed with the clerk of Superior Court and copies are mailed or hand-delivered to parties to the litigation.
Pardon: a form of clemency, granted by the governor.
Parole: supervised conditional release of a prisoner. Applies to prison inmates sentenced before the Structured Sentencing Laws were enacted in 1994.
Party: the plaintiff or defendant in a case. The plaintiff is the party who files the lawsuit and the defendant is the party who is being sued.
Plaintiff: the one who initially brings a suit.
Preliminary Hearings: held to determine if there is sufficient evidence to hold a trial.
Preponderance of Evidence: evidence as a whole which shows the fact is more likely than not.
Probable cause for arrest: a fair probability that a crime was committed and a fair probability that the suspect committed that crime.
Probable cause to search: a fair probability that something that may be lawfully seized is located in the place to be searched or on the person to be searched.
Probate: determining the validity of a will.
Probation: alternative to imprisonment. Conditions of freedom for offender in compliance with restrictions or requirements.
Statute of Limitations: the time within which a lawsuit must be filed. The deadline can vary, depending on the type of lawsuit.
Structured Sentencing Act: enacted October 1, 1994, the law classifies offenders on the basis of the severity of their crime and on the extent and gravity of their prior criminal record. Based on these two factors, structured sentencing provides judges with sentencing options for the type and length of sentences that may be imposed.
Tort: A civil, not criminal, wrong. An injury against a person or property.
Venue: The particular county in which the court with jurisdiction may hear the case for example, a divorce action is filed in civil court in the county where either the plaintiff or defendant resides).
Voir Dire: Jury selection process of questioning prospective jurors.
Warrant: Court authorization, most often for law enforcement officers to conduct a search or make an arrest.
|
|
|
|
|
 |