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. Read more about Legal terminologies here. 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 .
About Federal Courts
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.
Parties to a contract can limit the amount each might owe the other, but cannot contract away the rights of a third party to make a claim. The Law Dictionary is your free online legal dictionary featuring Black’s Law Dictionary, the trusted source of law definitions and terms for over 100 years. The 2nd edition has over 15,000 legal terms for your business and research use. Unlike a law dictionary, which arranges and defines legal words and phrases individually and in alphabetical order, a legal terminology textbook arranges and defines legal words and phrases in groups and by topic. As a result, a student or other person interested in understanding an array of related legal words and phrases may prefer to use a legal terminology textbook instead. Wage garnishment A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor’s future wages paid to the creditor for a debt owed to the creditor.
Determining whether a federal court has subject matter jurisdiction over a non-class action case.
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.
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.