Learn Advanced Legal Terms
Learn Advanced US legal terms. This course follows the Basic Legal Terms and Intermediate Legal Terms courses.
77 free flashcards · by Ben · Professional & School / Law
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What you'll learn in Advanced Legal Terms
- Latin for “for the court”; used to denote an unsigned or consensus appellate opinion. — Per curiam
- The federal agency that collects court statistics, administers the courts’ budget, and handles various administrative functions under the direction of the Judicial Conference. — Administrative Office of the U.S. Courts (AO)
- A federal judge appointed for life “during good behavior” under Article III of the Constitution; nominated by the President and confirmed by the Senate. — Article III judge
- To agree to continue performing duties under a contract or lease. — Assume
- An injunction that automatically halts lawsuits, foreclosures, garnishments, and most collection activities when a bankruptcy petition is filed. — Automatic stay
- A legal procedure for dealing with debt problems under Title 11 of the U.S. Code. — Bankruptcy
- An officer in certain judicial districts who supervises bankruptcy cases and related matters. — Bankruptcy administrator
- Informal term for Title 11 of the U.S. Code, the federal bankruptcy law. — Bankruptcy code
- The unit of the district court composed of bankruptcy judges in active service. — Bankruptcy court
- All interests of the debtor in property at the time of filing; the estate temporarily owns all property for creditor distribution. — Bankruptcy estate
- A judge with decision-making power in federal bankruptcy cases. — Bankruptcy judge
- The formal request for bankruptcy protection, filed on an official form. — Bankruptcy petition
- A private individual or corporation appointed to represent the bankruptcy estate and creditors in Chapter 7 or Chapter 13 cases. — Bankruptcy trustee
- A chronological log of all filings and proceedings in a case. — Docket
- A full-time attorney employed by the federal courts to represent indigent criminal defendants. — Federal public defender
- A court order requiring a defendant to remain at home except for approved activities, sometimes monitored electronically. — Home confinement
- 1. Challenging the credibility of a witness’s testimony; 2. The constitutional process for charging high officials with misconduct. — Impeachment
- Held privately in a judge’s chambers, outside the presence of the public or jury. — In camera
- The study or philosophy of law and the structure of the legal system. — Jurisprudence
- A creditor’s claim for a fixed sum of money. — Liquidated claim
- The process of selling a debtor’s property to pay creditors. — Liquidation
- Describes a matter that is no longer subject to a court ruling because the controversy has ended or did not arise. — Moot
- 1. In appeals, a group of judges assigned to a case; 2. In jury selection, the pool of potential jurors; 3. A list of qualified attorneys for court-appointed counsel. — Panel
- Latin for “for the court”; used to denote an unsigned or consensus appellate opinion. — Per curiam
- A meeting between the judge and attorneys before trial to discuss scheduling, evidence, and settlement possibilities. — Pretrial conference
- The statutory ranking of unsecured claims in bankruptcy to determine the order of payment. — Priority
- An unsecured claim that is entitled to be paid before other unsecured claims. — Priority claim
- To isolate the jury (or evidence) from outside influences during deliberations. — Sequester
- A party with a direct stake in a bankruptcy case (such as the debtor, trustee, or creditor). — Party in interest
- In bankruptcy, the debtor’s proposed method for repaying creditors over a set period. — Plan
- Refers to an appellate court hearing a case with all its judges rather than a panel; typically used in exceptional circumstances. — En banc
- Contracts in which both parties still have obligations; in bankruptcy, the debtor may choose to assume or reject them. — Executory contracts
- The transfer of property by a debtor intended to defraud creditors or for less than its fair value. — Fraudulent transfer
- The concept that bankruptcy gives a debtor a new beginning free of most preexisting debts. — Fresh start
- The 27-judge policy-making body for the federal court system, chaired by the Chief Justice. — Judicial Conference of the U.S.
- A debt that cannot be eliminated in bankruptcy (e.g., certain taxes, alimony, or child support). — Nondischargeable debt
- Assets that are not protected by bankruptcy exemptions and may be liquidated to pay creditors. — Nonexempt assets
- A party with a direct stake in a bankruptcy case, such as the debtor, trustee, or creditor. — Party in interest
- A report prepared by a probation officer after a conviction to aid in determining the appropriate sentence. — Presentence report
- A written statement (usually on an official form) submitted by a creditor asserting why the debtor owes money. — Proof of claim
- All legal or equitable interests in property owned by the debtor at the time of filing for bankruptcy. — Property of the estate
- To send a case back to a lower court for further proceedings. — Remand
- The act of an appellate court setting aside the decision of a lower court; often accompanied by remand. — Reverse
- Detailed lists filed by a debtor in bankruptcy outlining assets, liabilities, income, and expenses. — Schedules
- Latin for “of its own will”; used when a court takes action without a request from either party. — Sua sponte
- The process by which a creditor’s claim is ranked below those of other creditors. — Subordination
- A debt secured by property whose value is less than the amount owed. — Undersecured claim
- A claim for which no specific dollar amount has been determined. — Unliquidated claim
- Debt that was omitted from the bankruptcy schedules but should have been listed. — Unscheduled debt
- A transfer of property made by the debtor with their consent (not forced). — Voluntary transfer
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