Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. 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. interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath.

See also indictment. Search warrants require probable cause in order to be issued. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.).

A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. The act or process by which a person's rights or claims are ranked below those of others. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. in forma pauperis - In the manner of a pauper.

A request by a litigant to a judge for a decision on an issue relating to the case. The sale of a debtor's property with the proceeds to be used for the benefit of creditors. Roadways to the Federal Bench: Who Me? In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." Affidavits must be notarized or administered by an officer of the court with such authority. Bankruptcy judges preside over these proceedings. Arraignment – Often a defendant's first appearance in the courtroom for a case.

witness - A person called upon by either side in a lawsuit to give testimony before the court or jury. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. A civil, not criminal, wrong. They are then said to be sitting en banc.

inculpatory evidence - Evidence which tends to show the defendant’s guilt. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court. Property of all kinds, including real and personal, tangible and intangible. A person or business that files a formal complaint with the court. A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

Federal civil juries consist of six persons. deposition - An oral statement made before an officer authorized by law to administer oaths. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.). Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Government entity authorized to resolve legal disputes. The law as established in previous court decisions. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

In the federal system, it applies to crimes such as first degree murder, genocide, and treason.

A claim for which a specific value has not been determined. The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

opinion - A judge's written explanation of a decision of the court. Not subject to a court ruling because the controversy has not actually arisen, or has ended. Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. 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.

A trial de novo is a completely new trial. In an appeal, multiple opinions may be written. 1.

"Voir dire" is a phrase meaning "to speak the truth.". The appellate court agrees with the lower court decision and allows it to stand. 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 bankruptcy case.

conviction - A judgment of guilt against a criminal defendant. remand - When an appellate court sends a case back to a lower court for further proceedings. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors. Officers of the probation office of a court. See also nolo contendere. A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims. The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. warrant - An arrest warrant is a written order directing the arrest of a party. answer - The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.

affidavit - A written statement of facts confirmed by the oath of the party making it.

The party who appeals a district court's decision, usually seeking reversal of that decision.

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor. A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. The Legal Terms Glossary defines over 100 of the most common legal terms in easy-to-understand language. A plea of nolo contendere or an Alford plea may also be made.

A trial without a jury, in which the judge serves as the fact-finder. Also includes a command of the judge which establishes courtroom or administrative procedures. The jury pool is randomly selected from a source such as voter registration banks.

counterclaim - A claim that a defendant makes against a plaintiff. A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition. preliminary hearing - A hearing where the judge decides whether there is enough evidence to require the defendant to go to trial. 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.

judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit. The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions.

Appellate review de novo implies no deference to the trial judge's ruling.

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.

The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. The bankruptcy judges in regular active service in each district; a unit of the district court. The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. Latin, meaning "of its own will." Written statements filed with the court that describe a party's legal or factual assertions about the case.