Thứ Bảy, 7 tháng 6, 2014
Từ vựng dùng trong tòa án Mỹ
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Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Active judge
A judge in the full-time service of the court. Compare to senior judge.
Administrative Office of the United States Courts (AO)
The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Admissible
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Adversary proceeding
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.
Affidavit
A written or printed statement made under oath.
Affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Alternate juror
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.
Alternative dispute resolution (ADR)
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Amicus curiae
Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
Answer
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Appellee
The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
Arraignment
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.
Article III judge
A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
Assets
Property of all kinds, including real and personal, tangible and intangible.
Assume
An agreement to continue performing duties under a contract or lease.
Automatic stay
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
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