Although not technically a legal dictionary,Words and Phrasesalso provides definitions of legal terms. Whereas legal dictionaries provide definitions taken from a variety of sources, Words and Phrases provides definitions taken almost exclusively from court opinions.

The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. Objection to exemptions A trustee’s or creditor’s objection to the debtor’s attempt to claim certain property as exempt from liquidation by the trustee to creditors.

Party in interest A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. Equitable Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy .

Tax planning & preparation

A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified. Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it or reject it . Dismissal with prejudice Court action that prevents an identical lawsuit from being filed later. Dischargeable debt A debt for which the Bankruptcy Code allows the debtor’s personal liability to be eliminated. Deposition An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

If you have it, consider whether the benefits will be taxable or tax-free. That can make a big difference in how far the payments go. GettyWhat is taxed and what isn’t can be confusing. In the case of disability pay, whether it is taxed or not usually depends on who paid for the disability insurance coverage.

Federal Rules of Civil Procedure

Mathematics A general principle or rule that is assumed or that has been proven to hold between expressions. A code of principles based on morality, conscience, or nature.

Exculpatory evidence Evidence indicating that a defendant did not commit the crime. En banc French, meaning “on the bench.” All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges. Default judgment A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. De novo Latin, meaning “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge’s ruling. Damages Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Legal Dictionary of Law Terminology

Voir dire Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Venue The geographic area in which a court has jurisdiction.

Sentencing guidelines A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Read more about learning the law here. Secured creditor A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor’s collateral.

The chief obstacle to such a law in the first part of the twentieth century was opposition from settlers and farmers. The uncertain category of “quasi-corporations” is another good example of just how differentiated and unsystematic the law of associations could be. The stories revealed laws of mental functioning that, he assumed, would ultimately be traced to neural mechanisms. This study was in compliance with all applicable laws and regulations. According to the laws of physics this would not be possible. The first law of thermodynamics says that energy is conserved in any process involving a thermodynamic system and its surroundings. Vendors have informal laws of their own about client-stealing.