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 accessed by selecting a letter here: evidence presented by a witness who has not seen or heard the incident in question, but has heard about it from someone else. With few exceptions, hearsay is generally not admissible as evidence in court proceedings that prevent an identical application from being filed at a later date. Case law – The use of court decisions to determine how other laws (e.g., statutes) apply in a particular situation. For example, a trial court may use an earlier Supreme Court decision that presents similar problems. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as monetary or pecuniary debts obtained under false pretenses and debts for fraud or falsification in the exercise of fiduciary capacity, can only be declared uncollectible if a creditor files an unrepaid action in due time and wins. 14. Avoid redundancies. Do not use pairs of words if the words have the same effect or if the meaning of one includes the other. Examples: Pairs of words to avoid a claim for payment by a creditor against a debtor or his property. A written statement filed in court or an appeal that explains a party`s legal and factual arguments.

Assets that a debtor is allowed to keep, free from claims by creditors who do not have liens on the property. Generally refers to two events in individual bankruptcy cases: (1) the « individual or group briefing » of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the « Personal Financial Management Course » in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. 17. Avoid nominal sandwiches. Administrative writing uses too many groups of names – groups of names that are « joined ». Avoid these confusing constructions by using more prepositions. DON`T SAY: Development of protective procedures for underground workers. SAY: Development of underground procedures to protect the safety of miners. OR MORE LIKELY: Development of procedures to protect the safety of workers in underground mines. The meaning becomes clearer when that four-word sandwich is broken.

18. Do not use gender-specific terminology. Avoid gender-specific job title: voir dire – A procedure in which judges and lawyers select a small jury from among eligible people by interviewing them to establish their knowledge of the facts of the case and their willingness to decide the case solely on the basis of evidence presented to the court. « See to say » is an expression that means « to tell the truth ». Opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the Court`s final result, but offers further comments, perhaps because they disagree with how the court reached its conclusion. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time.

Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Objection by a trustee or creditor to the debtor`s attempt to claim certain assets against creditors as exempt from liquidation by the trustee. Geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another.

12. Prefer simple words. The government`s letter should be worthy, but it does not need to be pompous. Writing can be dignified if the language is simple, direct and strong. To make your writing clearer and easier to read, and therefore more effective, prefer the word simple. To impose a legal obligation, use « must ». To predict future actions, use « will. » DO NOT SAY: Let the governor approve it. SAY: The governor must approve it. [Commitment] OR: The governor will approve it. [Future actions] 4. Be direct. Speak directly to your readers.

Enjoy the imperative mood. Regulations are suitable for this style, especially procedures, instructions, and to-do lists. The franchise avoids the liability:SAY: Sign all copies. SAY: Attach a copy of your W-2 to your return. This style results in shorter, sharper and easier to understand procedures. 5. Use the present tense. A regulation with continuing effect refers to when you apply it, not when you write it or when it comes into force.