The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver. A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. Counterclaim – A claim brought by the defendant in civil proceedings against the plaintiff. Essentially, a counterclaim in a legal action. Witness – A person who testifies to what they have seen, heard or otherwise experienced.
In addition, a person who observes the signing of a will and is competent to testify that it is the last will of the will. „How to prepare an affidavit“ The Law Dictionary, thelawdictionary.org/article/how-to-prepare-a-sworn-statement/ Brief – A written statement submitted by the lawyer for each party in a case, explaining to judges why they should decide the case (or a specific part of a case) in favour of that lawyer`s client. Negligence – failure to exercise the diligence that a reasonable person would exercise in the same circumstances. Testimony: testimony of a witness or party „under oath“. This means that the person making the statement promised that the statement is true. A person who lies or presents false documents or evidence can be charged with perjury. Chapter of the Insolvency Code that provides for „liquidation“, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a „means test“. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Cross-examination: Ask questions of the other party after presenting evidence or making statements. Waiver – In extradition proceedings, a form signed before a judge in which a defendant voluntarily submits to collection by a foreign court and waives his or her constitutionally guaranteed rights.
Inheritance tax – A state tax on property that an heir or beneficiary receives from the estate of a deceased person under a will. The heir or beneficiary pays this tax. Certain types of applications will not be accepted by the court unless they are accompanied by an independent affidavit or other evidence to support the need for the application. In such a case, a court accepts an affidavit from the lawyer submitting the affidavit in support of the application because certain assumptions are made, namely: The affidavit instead of the affidavit promotes judicial efficiency. The lawyer is an official of the court and knows that a false oath on his part, if discovered, can be a reason for severe punishment up to and including exclusion. If counsel is asked to do so, he would be able to present independent and more detailed evidence to prove the facts set out in his affidavit. In Sri Lanka, under the Oath Ordinance, other than a court martial, a person may make a signed affidavit in the presence of a commissioner of oath or justice of the peace. Civil Cover Sheet: A form submitted by the applicant with a complaint. It asks for basic information about a case and is used to track the types of cases filed in federal courts. Pleadings – Written statements by parties in civil proceedings concerning their positions.
In federal courts, the main means are complaint and response. Mandamus – An order issued by a court that orders a public official to perform an act that he or she is legally bound to do as things stand. Void Contract – A contract that has no legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is null and void. Hearsay – testimony of a witness about events of which he has no personal knowledge. Hearsay testimony does not convey what the witness personally observed, but what others said to the witness or what the witness heard others say. Hearsay is generally inadmissible as evidence in court because of its unreliability. Motion in Limine – A motion made without the presence of a jury asking the court not to admit certain evidence that could affect the jury.
Usually heard before the process begins. Exceptions – statements by both parties in a civil or criminal case who reserve the right to appeal a judge`s decision upon application or appeal. These are no longer necessary to preserve errors in New Mexico courts. Also in regulatory matters, objections by one party to matters of the other party or to decisions of the Agency or one of its Hearing Officers. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best viewed by selecting a letter here: Questioning – The examination of a witness under oath. Objection – A lawyer`s protest challenging a statement or question at trial. Common objections include a lawyer who „directs the witness“ or a witness who makes a statement by hearsay. Once an objection has been made, the judge must decide whether or not to admit the question or explanation. Affirmation: the act of declaring something true under penalty of perjury by a person who refuses to take an oath for religious or other relevant reasons of conscience A debt owed by the debtor in certain circumstances, for example if the debtor is a co-signer of another person`s loan and that person does not pay. An affidavit is a statement of fact that is sworn (or confirmed) before an officer authorized to take an oath (e.g.
