Friday, July 26, 2024
Power of Attorney Abuse and Misuse
Tuesday, July 23, 2024
Legal Terms : Senior Judge
A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
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Saturday, July 20, 2024
Legal Terms : Schedules
Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)
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Wednesday, July 17, 2024
How Does An Executor Sell A Home?
Sunday, July 14, 2024
Legal Terms : Sanction
A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
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Thursday, July 11, 2024
Legal Terms : Reverse
The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
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Monday, July 8, 2024
Why Parents Put Assets In Their Children’s Names
Thursday, July 4, 2024
Happy 4th of July!
Tuesday, July 2, 2024
Legal Terms : Reaffirmation Agreement
An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.
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Saturday, June 29, 2024
Two Shady Probate Attorney Ploys
Wednesday, June 26, 2024
Legal Terms : Prosecute
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government
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Sunday, June 23, 2024
Legal Terms : Probation Officer
Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.
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Thursday, June 20, 2024
Eight Things NOT To Put In Your Will
Sunday, June 16, 2024
Happy Father's Day
Friday, June 14, 2024
Legal Terms : Probation
Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.
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Tuesday, June 11, 2024
12 Dumb Mistakes Executors Make
Saturday, June 8, 2024
Legal Terms : Priority
The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.
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Wednesday, June 5, 2024
Legal Terms : Pretrial Conference
A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
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Sunday, June 2, 2024
Should Executor Sell All Estate Assets?
Thursday, May 30, 2024
Legal Terms : Preferential Debt Payment
A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.
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Monday, May 27, 2024
Happy Memorial Day
Friday, May 24, 2024
Should Executor Accept Compensation?
Tuesday, May 21, 2024
Legal Terms : Precedent
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
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Saturday, May 18, 2024
Legal Terms : Plea
In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
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Wednesday, May 15, 2024
What To Do When Given Probate Documents To Sign
Sunday, May 12, 2024
Happy Mother's Day!
Thursday, May 9, 2024
Legal Terms : Plan
A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
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Monday, May 6, 2024
The TWO words that MUST appear on your house deed!
Friday, May 3, 2024
Legal Terms : Plaintiff
A person or business that files a formal complaint with the court.
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Tuesday, April 30, 2024
Legal Terms : Petty Offense
A federal misdemeanor punishable by six months or less in prison.
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Saturday, April 27, 2024
6 Reasons Your Heirs Will Fight - And What To Do About It
Wednesday, April 24, 2024
Legal Terms : Petition Preparer
A business not authorized to practice law that prepares bankruptcy petitions.
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Sunday, April 21, 2024
Legal Terms : Petition
The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.
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Thursday, April 18, 2024
How do I revoke a power of attorney?
Monday, April 15, 2024
Legal Terms : Petit Jury (or trial jury)
A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
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Friday, April 12, 2024
Legal Terms : Peremptory Challenge
A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
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Tuesday, April 9, 2024
Think Fast, Talk Smart: Communication Techniques
Saturday, April 6, 2024
Legal Terms : 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.
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Wednesday, April 3, 2024
Legal Terms : Parole
The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.
The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.
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Sunday, March 31, 2024
Happy Easter
What Do You Need to File for Divorce?
Thursday, March 28, 2024
Legal Terms : Oral Argument
An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
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Monday, March 25, 2024
Legal Terms : Opinion
A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. 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.
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Friday, March 22, 2024
How Do You Avoid an Ugly Divorce?
Tuesday, March 19, 2024
Legal Terms : Nonexempt Assets
Property of a debtor that can be liquidated to satisfy claims of creditors.
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Saturday, March 16, 2024
Legal Terms : Nolo Contendere
No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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Wednesday, March 13, 2024
What Are Miranda Rights?
Sunday, March 10, 2024
Legal Terms : No-Asset Case
A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.
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Thursday, March 7, 2024
Legal Terms : Motion
A request by a litigant to a judge for a decision on an issue relating to the case.
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Monday, March 4, 2024
Medical Marijuana FAQs
Friday, March 1, 2024
Legal Terms : Mistrial
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
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Tuesday, February 27, 2024
Legal Terms : Misdemeanor
An offense punishable by one year of imprisonment or less.
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Saturday, February 24, 2024
Should You Take a Breath Test?
Wednesday, February 21, 2024
Legal Terms : Mental Health Treatment
Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
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Sunday, February 18, 2024
Criminal Statutes of Limitations
Wednesday, February 14, 2024
Happy Valentines Day!
Monday, February 12, 2024
Legal Terms : Magistrate Judge
A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
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Friday, February 9, 2024
Legal Terms : Litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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Tuesday, February 6, 2024
What to Do During Police Questioning
Saturday, February 3, 2024
Legal Terms : Liquidated Claim
A creditor's claim for a fixed amount of money.
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Wednesday, January 31, 2024
Legal Terms : Lien
A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
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Sunday, January 28, 2024
Degrees of Murder: What are they & what do they mean?
Thursday, January 25, 2024
Legal Terms : Lawsuit
A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
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Monday, January 22, 2024
Legal Terms : Jury Instructions
A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
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Friday, January 19, 2024
What Happens When You Accept a Plea Deal?
Tuesday, January 16, 2024
Legal Terms : Jury
The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.
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Saturday, January 13, 2024
Legal Terms : Jurisdiction
Wednesday, January 10, 2024
Types of Car Insurance: What You Need to Know
Sunday, January 7, 2024
Legal Terms : Judge
An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
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Thursday, January 4, 2024
Legal Terms : Interrogatories
A form of discovery consisting of written questions to be answered in writing and under oath.
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