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Legal resources

Welcome to the Legal Resource Center. Here you will find legal resources that can help you to navigate legal concerns.

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  • Articles

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    • Coping with Crime Victimization

      Anyone can become a victim of a crime. If it happens to you or someone you love, here are some important points to remember.

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    • Getting a Restraining Order Against an Abusive Partner (Part 1)

      If you are in an abusive relationship, you can take steps to protect yourself, such as getting a restraining order.

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    • Getting a Restraining Order Against an Abusive Partner (Part 2)

      You can apply for a restraining (or protection) order at courthouses, domestic violence shelters, lawyers' offices, and some police stations.

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    • Leaving an Abusive Relationship (Part 1)

      If you are in an unsafe, violent relationship, you might be thinking of leaving.

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    • Leaving an Abusive Relationship (Part 2)

      Leaving a relationship is not easy. You can get help dealing with all of these issues.

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    • What You Can Do if You're a Victim of Crime

      Being a victim of crime is frightening and unsettling for the millions of Americans who experience it each year.

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  • Legal Assist

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    • Accomplices, Accessories, Aiders, and Abettors

      Criminal defendants who think they've been wrongfully convicted of a crime have a number of options: appeals, writs, and habeas corpus.

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    • Appeals and the Writ of Habeas Corpus FAQ

      Criminal defendants who think they've been wrongfully convicted of a crime have a number of options: appeals, writs, and habeas corpus.

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    • Are drivers for rideshare companies employees or independent contractors?

      Some of the drivers whom the companies had classified as "independent contractors" have sued or filed claims with state agencies, claiming that they are actually employees.

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    • Arson

      The crime of arson defined and explained, with real-world examples.

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    • Assault and Battery as Personal Injury Claims

      A lawsuit for assault and battery can provide compensation for intentional injuries.

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    • Assault, Battery, and Aggravated Assault

      The crimes of assault, assault and battery, and aggravated assault carry different definitions and punishments.

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    • Bail: Getting Out of Jail After an Arrest

      Everything you need to know about posting bail or a bail bond.

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    • Beating a Traffic Ticket for Tailgating

      We all hate it when someone rides our bumper. And with good reason. Driving too closely behind another vehicle really is dangerous.

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    • Burglary Basics

      The crime of burglary defined, with real-world examples.

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    • Can an employer hire only applicants who live in the same neighborhood as the business?

      Generally speaking, employers are free to impose any hiring requirements they like, as long as they aren't discriminatory.

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    • Can my employer prohibit me from keeping a gun in my car at work?

      As for telling your employer, in some states employers can require employees to give notice that they carry guns in their vehicles.

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    • Consideration of Dismissed Charges at Sentencing

      Despite judges’ wide latitude at sentencing, some states have set limits on considering dismissed charges.

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    • Constitutional Rights in Juvenile Cases

      A look at the constitutional due process rights of youth in juvenile court cases.

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    • Correction To Fight Your Ticket & Win In Calif caught In An Illegal Radar Speed Trap Flowchart

      In Fight Your Ticket & Win in California, there are several omissions in the “Were You Caught in an Illegal Radar Speed Trap?” flowchart. In the 16th edition, page 33 is affected

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    • Criminal Arrests and Interrogations FAQ

      Learn about your rights during police interrogations and arrests.

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    • Criminal Charges: How Cases Get Started

      Learn how police officers and prosecutors initiate criminal cases.

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    • Criminal Defendants Rights During Trial: The Bill of Rights

      Learn about the constitutional rights that protect criminal defendants.

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    • Criminal Defense Lawyer FAQ

      Here's what you need to know about criminal defense attorneys: whether you need one, how to get one, and how much you'll have to pay.

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    • Criminal Procedure FAQ

      The basics of criminal law: presumption of innocence, felonies, misdemeanors, and jury trials.

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    • Criminal Sentencing FAQ

      How judges determine the punishment for convicted criminals.

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    • Criminal Trial Procedures: An Overview

      Most criminal trials follow a uniform set of procedures. Here's astep by step guide to the criminal trial process.

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    • Dealing With a DUI or DWI Charge

      Learn about arraignment, plea bargaining, and your options for dealing with your DUI or DWI charge.

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    • Defendants Incentives for Accepting Plea Bargains

      Common reasons why defendants enter into plea bargains.

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    • Defenses to Criminal Charges

      Here are some of the common defenses that criminal defendants can raise to defend against criminal charges.

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    • Disorderly Conduct and Public Intoxication

      Learn about the crimes of disorderly conduct, public intoxication, and disturbing the peace, and the possible punishment that goes with them.

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    • DNA Evidence in Criminal Cases

      DNA testing is now common in criminal trials and in proving innocence in wrongful convictions.

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    • Does California Law Prohibit Using a GPS While Driving?

      California’s restriction on using a wireless device doesn’t apply to “manufacturer-installed systems that are embedded in the vehicle.”

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    • Does Self-Representation in a Criminal Case Ever Make Sense?

      Criminal defendants might represent themselves in a few situations.

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    • Driver License Suspensions

      Find out how your driver license can be suspended, and what you can do to prevent it.

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    • Drunk Driving, DUI, and DWI FAQ

      Charged with drunk driving, driving under the influence, or driving while intoxicated, DUI, or DWI? Here's where to start.

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    • DUI and DWI Defenses

      Learn about the most common ways to fight a DUI or DWI charge.

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    • DUI and DWI Overview

      What it means to be charged with DUI (driving under the influence of drugs or alcohol) or DWI (driving while intoxicated).

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    • DUI or DWI Punishments and Penalties

      Many DUI and DWI offenders face stiffer penalties than mere fines.

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    • Expungement of Criminal Records: The Basics

      You may be able to seal arrest or conviction records. Here's how.

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    • Felonies, Misdemeanors, and Infractions: Classifying Crimes

      How crimes are classified, from felonies, misdemeantors, and infractions.

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    • Fight Your Speeding Ticket: Determining Your Speed

      Speeding tickets are, by far, the most common moving violation.

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    • Fight Your Speeding Ticket: What Is the Law?

      There may be only one way to speed, but there are many ways to detect your speed.

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    • Fighting a Red Light Camera Traffic Ticket

      In most of the states that allow photo enforcement of red lights, the law states that the driver, not the vehicle’s owner, is liable for the ticket

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    • Fighting a Ticket for Running a Red Light

      The legal elements of this offense are basically the same as for driving through a stop sign, with one big exception

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    • Fighting a Ticket for Running a Stop Sign

      Most statutes say you must stop at the nearest of the limit line, crosswalk, or entrance to the intersection

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    • Fighting a Traffic Ticket for Improper Turning

      There are many ways to be ticketed for making improper turns. One of the most common is making an improper U-turn. Here we provide information on defending against a wide array of these violations.

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    • Fingerprint Evidence in Criminal Cases

      Learn how fingerprint evidence is gathered and used in criminal investigations and trials.

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    • Going to Court: Surviving the Courtroom

      Improve your chances of success in court.

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    • Homicide: Murder and Manslaughter

      The crimes of murder and manslaughter explained, with real-world examples.

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    • How Defendants Mental States Affect Their Responsibility for a Crime

      Criminal intent also called "mens rea" is an element of some, but not all, crimes.

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    • Identity Theft FAQ

      Prevent fraud by learning more about identity theft.

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    • Is it ever wise to just stay in jail and wait for trial?

      The police have a strong case against me and I’m probably going to do some jail time anyway. Why bother trying to get out on bail or OR?

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    • Juvenile Court Sentencing Options

      Typical punishment and penalties for juvenile delinquents and youth offenders.

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    • Juvenile Court: An Overview

      The basics of juvenile court when a youth or minor commits a crime.

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    • Juvenile Delinquency: What Happens in a Juvenile Case?

      Here's how the juvenile justice system usually treats a youth offender case.

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    • Juvenile Law: Status Offenses

      Some acts are considered criminal only when minors commit them; these are called juvenile status offenses.

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    • Learning the Identity of a Confidential Informant

      You know the story. The mob boss falls because someone from his organization gave information to the police. You might wonder: Does he have a right to find out the confidential informant’s identity?

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    • Lie Detector and Polygraph Tests: Are They Reliable?

      Learn how polygraph and lie detector tests work and whether they are accurate.

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    • Miranda Rights: What Happens If Police Dont Read Your Rights

      Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.

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    • Negotiating Before Arraignment and Pleading Guilty at the Arraignment

      Defendants who believe the case against them is very weak often ask whether it's possible to negotiate a dismissal before the arraignment

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    • Preparing for a Jury Trial

      What you need to know to represent yourself before a jury.

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    • Preservation of Evidence in Criminal Cases

      The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions

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    • Rape and Statutory Rape

      Rape is nonconsensual sexual intercourse; it's often committed through force, threats, or fear.

      Read now
    • Robbery

      Learn about robbery and how it differs from theft and burglary.

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    • Sealing Juvenile Court Records

      Former juvenile offenders may be able to get a fresh start of sorts by filing a petition in court seeking expungement (sealing) of a juvenile court conviction.

      Read now
    • Search and Seizure FAQ

      Your right to privacy when the police come knocking, pull you over, or stop you on the street.

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    • Search Warrants: What They Are and When Theyre Necessary

      Learn when police officers must obtain a warrant before they search your home or other property.

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    • Sentencing Alternatives: Prison, Probation, Fines, and Community Service

      Prison sentences and alternatives to prison for defendants convicted of crimes.

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    • Sex Offender Databases: Getting Your Name Off If Your Acts Are Now Legal

      If you are listed on a sex offender database because of an act that is now legal, here's how to get your name off.

      Read now
    • Speeding Tickets: How to Defend Yourself

      If you are ticketed for speeding, your defense will depend on the nature of the speed limit.

      Read now
    • Theft and Shoplifting Crimes

      The crimes of theft and shoplifting defined, plus case examples.

      Read now
    • Traffic Ticket? Decide Whether to Fight in Traffic Court or Pay Up

      Evaluate your chances of fighting a traffic ticket before you go to traffic court.

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    • Traffic Tickets for Driving Too Slowly

      There are several circumstances in which drivers may be ticketed for illegally blocking or impeding traffic by driving too slowly or failing to yield to a long line of vehicles behind them. Let's look briefly at the most common.

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    • Traffic Tickets for Improper Passing

      Unsafe passing is dealt with in several common ways in most states. Here are the contexts in which unsafe passing is made illegal.

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    • Traffic Tickets for Right-of-Way Violations

      The driver of a vehicle approaching an intersection shall yield the right of way to any vehicle that has entered the intersection from a different highway.

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    • Underage Drinking and Minor-in-Possession Laws

      Underage drinking laws and other criminal statutes punish minors who are illegally in possession of alcohol (these are sometimes called "minor-in-possession" or MIP laws).

      Read now
    • Understanding Search and Seizure Law

      Learn when the government can invade your privacy to hunt for evidence of a crime.

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    • Unsafe Lane Changes

      Police will readily and properly pounce on a driver who weaves in and out of traffic without signaling, especially if that driver cuts off another car, forcing it to abruptly brake

      Read now
    • What is an Alibi?

      An alibi can be an effective defense to a criminal charge, but how do alibis work?

      Read now
    • What Is Entrapment?

      Entrapment happens when police officers coerce or induce someone into committing a crime. Learn more.

      Read now
    • When Juveniles Are Tried in Adult Criminal Court

      Some cases involving youth offenders are serious enough to be transferred to adult criminal court.

      Read now
  • Articles

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    • Advance Directives and Living Wills

      An advance directive is a means to direct health care that you may need in the future by stating your choices in a written document. A living will is an advance directive that helps you make legally valid decisions about future medical treatment.

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    • Responsibilities of an Executor

      The executor of a will acts as a personal representative on behalf of a deceased individual.

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    • State-Specific Requirements for Advance Directives

      Advance directives are legal documents that help you plan and communicate your wishes regarding your medical care should you ever be in a situation where you are unable to do so.

      Read now
  • Legal Assist

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    • Caring for an Elderly Relative: Where to Begin'

      Legal and financial matters to consider when caring for an elder.

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    • Choosing and Paying for a Long-Term Care Facility'

      Learn about the different types of nursing facilities and how to choose the best option.

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    • Discussing and Assessing the Need for Long-Term Care'

      Tips on assessing a senior's need for long-term care and discussing the subject.

      Read now
    • Elder Abuse: Financial Scams Against Seniors'

      Learn about the most common financial frauds and scams targeting seniors.

      Read now
    • Helping an Elder Make a Power of Attorney'

      Here's how to help an elderly loved one make a financial or medical power of attorney.

      Read now
    • Helping Seniors Manage Money and Finances'

      Here's how to help an elderly loved one who can no longer manage money or finances.

      Read now
    • Home Modifications for the Elderly'

      Home modifications can help seniors age in place.

      Read now
    • Is Home Health Care an Option?'

      The benefits of home health care for seniors are great, but it's not always practical.

      Read now
    • Living Will, Power of Attorney, or Advance Directive?'

      These documents direct your health care if you're unable to communicate your wishes.

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    • Long-Distance Caregiving for Elders

      Tips for taking care of your elderly parent or relative from afar.

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    • Medicare FAQ

      Learn about Medicare eligibility and coverage.

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    • Medicare Managed Care: Choosing a Plan

      Choose a Medicare managed care plan that meets your needs.

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    • Medigap: Covering the Gaps in Medicare'

      Medigap insurance helps fill the gaps in Medicare coverage.

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    • Residential Care Facilities for Seniors With Alzheimer's

      Tips for choosing a residential care facility for elders with Alzheimer's disease.

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    • Respite Care and Adult Day Care for Elders

      Respite care and adult day care provides breaks to those who care for the elderly.

      Read now
    • Reverse Mortgages for Retirees and Seniors

      Learn about reverse mortgages and whether you are a good candidate for one.

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    • Senior Homesharing

      Learn about senior homeshare match-up programs how they work, benefits to seniors, and how to find one.

      Read now
    • Top Seven Tax Deductions for Seniors and Retirees

      Here's a list of the top tax deductions for those over 50.

      Read now
    • When Should Elders Stop Driving?

      Learn how to determine if a senior can drive safely.

      Read now
    • When Your Parent Loses a Mate: How to Help

      If your parent loses a life partner, you can provide both emotional and practical support.

      Read now
  • Articles

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    • Are You Prepared?

      Have you taken the necessary legal and financial planning measures to protect that vision ?.

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    • Estate Planning for the Middle Class: Part 1—What Is It ? Why Do I Need It ?

      Need for Estate Planning for the Middle Class: Part 1

      Read now
    • Estate Planning for the Middle Class: Part 2—The Will

      Although there are many complex estate planning strategies, it is often the simplest items that are overlooked. - The Will

      Read now
    • Getting Your Affairs in Order

      No one ever plans to be sick or disabled. Yet, it's this kind of planning that can make all the difference in an emergency.

      Read now
    • Living Wills and Powers of Attorney for Health Care: How They Work

      It's smart to make documents setting out your wishes for health care in case you are ever unable to speak for yourself.

      Read now
    • Responsibilities of an Executor

      The executor of a will acts as a personal representative on behalf of a deceased individual.

      Read now
  • Legal Assist

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    • Access to Online Accounts: Helping Your Executor and Loved Ones

      Make sure your executor or another trusted person can find the passwords and usernames for your digital accounts.

      Read now
    • Advice to Trustees: Get Along With Beneficiaries

      A trustee's job easier is made easier by a friendly relationship with beneficiaries.

      Read now
    • As sole agent for my moms durable power of attorney for finances, must I report to my brother?

      To know whether you are legally required to provide financial reports to anyone, including your brother, turn to the power of attorney document itself.

      Read now
    • Avoiding Probate with Joint Ownership

      Learn how joint ownership of property helps in avoiding probate.

      Read now
    • Avoiding Probate: The Small Estate

      Learn probate shortcuts or even how to avoid probate altogether for small estates.

      Read now
    • Claiming Pensions, Veterans, and Other Benefits: Information for Executors and Beneficiaries

      How surviving family members can get all available benefits after a loved one dies.

      Read now
    • Claiming Wages After a Family Member Dies

      When a breadwinner dies, surviving family members may have an urgent need for the wages that person had earned before his or her death.

      Read now
    • Conservatorships and Adult Guardianships

      Learn about conservatorships and guardianships for elders or other adults.

      Read now
    • Do I Need Life Insurance?

      Not everyone needs life insurance. Find out whether or not you do.

      Read now
    • Do I Need More Than a Will?

      Learn whether you need a trust, power of attorney, or health care directive in addition to a will.

      Read now
    • Durable Financial Power of Attorney: How it Works

      The durable financial power of attorney is a simple way to arrange for someone to handle your finances.

      Read now
    • Estate and Gift Tax FAQ

      Get informed about estate and gift tax laws with this easy introduction.

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    • Estate Tax: Will Your Estate Have to Pay?

      Only some estates, larger than $5 million, owe federal estate tax.

      Read now
    • Final Arrangements FAQ

      Planning some of the details of your burial or cremation and your memorial service can be a great relief to your survivors.

      Read now
    • Financial Powers of Attorney: Do You Need One?

      Almost everyone can benefit from a durable power of attorney for finances.

      Read now
    • Foreclosure FAQ

      Avoid or delay foreclosure with short sales, deeds in lieu of foreclosure, bankruptcy, and other tactics.

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    • Grounds for Challenging a Will

      It's rare, but courts can toss out a will if it doesn't meet certain requirements.

      Read now
    • Help Your Executor: Secured Places and Passwords

      Does your executor know how to find the things you've hidden?

      Read now
    • Helping an Elder Make a Power of Attorney

      Here's how to help an elderly loved one make a financial or medical power of attorney.

      Read now
    • How Beneficiaries Can Claim Life Insurance and Social Security Benefits

      Access life insurance, annuity funds, and social security benefits.

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    • How Beneficiaries Can Claim Payable-on-Death Assets

      Here's how inheritors can record ownership of POD assets left to them.

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    • How Is an Estate Settled If Theres No Will: Intestate Succession

      Intestate succession controls who inherits property if no will exists.

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    • How Joint Owners Can Transfer Survivorship Property After Death

      How to document the transfer of property held in joint tenancy and other kinds of survivorship property.

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    • How Living Trusts Avoid Probate

      Here are the basics on avoiding probate with living trusts.

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    • How Much Life Insurance Do I Need?

      What to consider when determing the amount of life insurance tobuy.

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    • How to Avoid Probate

      Learn the most popular ways of avoiding probate.

      Read now
    • Inheritance Rights

      Your closest relatives may have a right to claim part of your estate.

      Read now
    • Living Will, Power of Attorney, or Advance Directive?

      These documents direct your health care if you're unable to communicate your wishes.

      Read now
    • Making a Will: Are Lawyers Optional?

      Most people don't need a lawyer to make their will. Here's why.

      Read now
    • Planning Your Funeral or Memorial Service

      Written funeral plans will spare your family worry and confusion.

      Read now
    • Practical Estate Planning: Organize Your Documents

      Help your family and make your executor's job easier bygetting your paperwork in order.

      Read now
    • Preventing Challenges to Your Financial Power of Attorney

      These tips may ensure that your financial power of attorney is accepted.

      Read now
    • Probate FAQ

      You've heard that you should avoid probate but why? Here are the basics.

      Read now
    • Providing for Your Pet After You Die

      Make formal arrangements for the care of your pet after you die here's how.

      Read now
    • Real Estate Terminology for Home Sellers

      Learn key real estate terms involved in selling a house.

      Read now
    • Reduce Estate Tax by Making Gifts

      Making gifts during your life can provide you with tax savings and more.

      Read now
    • Revoking a Will

      Want to revoke your will? The best way is to make a new will.

      Read now
    • Settling an Estate: Does The Will Appear Valid?

      Understand the basic requirements of a valid will before you rely on it to wrap up the estate.

      Read now
    • Settling an Estate: When Executors Should Take a Second Look at the Will

      Certain provisions in the will may raise questions. What should executors watch out for?

      Read now
    • Should You Accept the Job of Executor to Settle an Estate?

      Are you qualified to be an executor and do you want to do the job?

      Read now
    • Special Needs Trusts

      Use a trust to leave money to a loved one with a disability without jeopardizing government benefits.

      Read now
    • State and Local Health and Safety Laws

      Many states and municipalities have laws that mandate a certain level of safety in the workplace

      Read now
    • Tax-Saving AB Trusts

      Wealthy married couples get a big tax break when it comes to the federal gift/estate tax.

      Read now
    • The Durable Power of Attorney: Health Care and Finances

      Understand medical and financial powers of attorney and why youneed to prepare both.

      Read now
    • The Living Will and Power of Attorney for Health Care: An Overview

      It's smart to make documents setting forth your wishes for health care in case you are ever unable to speak for yourself.

      Read now
    • The Prepaid Funeral and Its Perils

      You should be extremely cautious about funeral prepayment.

      Read now
    • The Simple Will: No Frills, No Fuss, No Anxiety

      A basic will may be all you need.

      Read now
    • The Trustees Job: The First Six Months

      If you take over as trustee of a living trust, here's what to expect early on.

      Read now
    • Transfer Your Life Insurance and Decrease Your Estate Tax

      If you don't own your life insurance policy, it's not part of yourtaxable estate.

      Read now
    • Trusts: Should You Serve as Trustee?

      You've been chosen to manage a trust. Do you want the job?

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    • Using Roth IRAs to Avoid Probate

      Roth IRAs are a great way to save and a great way to avoid probate.

      Read now
    • Vacation Homes: Keeping Them in the Family

      Good planning around your family cottage or vacation home can avoid disputes and forced sales.

      Read now
    • What a Will Wont Do

      A will isn't the place to handle certain kinds of property orissues.

      Read now
    • What Do My Living Will and Power of Attorney for Health Care Cover?

      Medical issues to address in your living will and power of attorney for health care.

      Read now
    • What Does an Executor Do?

      Settling an estate, in or out of probate court.

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    • When Your Parent Loses a Mate: How to Help

      If your parent loses a life partner, you can provide both emotional and practical support.

      Read now
    • Why Avoid Probate?

      Avoiding probate is a good idea.

      Read now
    • Why You May Not Need a Living Trust

      A living trust is an excellent way to avoid probate. But do you really need one?

      Read now
  • Articles

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    • A Race to Settle May Leave You Short

      Now that the ink has dried on your settlement agreement, can you rest assured that once the children are grown and independent you can afford your lifestyle and your kids will be the best they can be? If you are guessing at the answer, you or your children may be at risk.

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    • Child and Spousal Support

      If you have been married for a significant amount of time and your spouse has been economically dependent on you, if you divorce, you can expect the judge to order you to pay some type of spousal support.

      Read now
    • Choosing an Adoption Attorney

      Adoption attorneys play an important role in most any adoption.

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    • Credible Data in Custody and Access Disputes

      Many people start with the premise that if you tell your story often enough, it must be true. Hence in bolstering child custody and access claims, some parties and lawyers run about gathering as many affidavits and one-sided opinions as possible. The trouble with this is that most are not worth the paper they are printed on. Even reports from expert sources may not be credible, if the data is derived from a single source.

      Read now
    • Right of First Refusal

      In hotly contested child custody and access disputes, a contentious matter that often arises is the right of first refusal. Typically this refers to situations where a parent is unable to meet an obligation for the care of the child, and that parent may then consider the use of a babysitter over the other parent.

      Read now
    • Separated Parents in Dispute

      Separated parents in high conflict have a way of dragging others into their dispute. Not just family friends, and neighbors, but every professional associated with the children. The parents seek to bolster their claims to support their custody and access position and believe letters of support from their professional service providers will do the trick.

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    • What Is Child Custody?

      Child custody refers to who has legal decision-making authority in the life of a child. The decision-making authority is usually in regard to major life issues such as religion, education, health and activities.

      Read now
  • Legal Assist

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    • Alimony: Records You Should Keep After Divorce

      If alimony is part of your divorce, learn what records you should keep.

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    • Alimony: What You Need to Know Before Divorce

      Learn what alimony is and how it works.

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    • Am I really a "key" employee under the FMLA?

      It sounds like something got lost in translation, hopefully on your HR representative's end.

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    • Annulment vs. Divorce

      When you can get an annulment instead of a divorce.

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    • Assisted Living for Seniors

      Find out what assisted living may have to offer and what to lookfor when evaluating it as a new home.

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    • Can my employer give more leave to new mothers than to new fathers?

      Yes, employers must offer the same amount of parental leave to male and female employees. To do otherwise is sex discrimination, pure and simple.

      Read now
    • Changing Your Name After Divorce FAQ

      How to change your name or your child's name after getting divorced.

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    • Changing Your Name After Marriage FAQ

      What you need to do to change or keep your last name after marriage.

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    • Child Support and Taxes

      Child support tax information you need to know.

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    • Choosing Divorce Court Over Mediation or Collaborative Divorce

      When traditional divorce court may be a better route than divorce mediation or collaborative law.

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    • Common Law Marriage FAQ

      Learn what common law marriage is and in what states it's recognized

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    • Dividing Property and Debt During Divorce FAQ

      How property and debts are divided when you get divorced.

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    • Dividing Your Property During Divorce

      How to divide property fairly during a divorce.

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    • Divorce and Children: Helping Kids Deal With the Effects

      How to ease the pain of divorce for your children young and old.

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    • Divorce Mediation Basics

      An overview of using mediation to resolve your divorce.

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    • Divorce Mediation FAQ

      How to create a divorce agreement with the help of a mediator without going to court.

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    • Avoiding Capital Gains Tax When Selling Your Home: Read the Fine Print

      If you sell your home, you may exclude up to $250,000 of your capital gain from tax or up to $500,000 for married couples.

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      The standard home purchase contract lists several conditions that must be met before the closing will take place, covering issues like financing, inspections, insurance, and more. These conditions are called "contingencies." They're important to give you (the home buyer) an out if, for example, your financing falls through or other uncontrollable events or discoveries create barriers to your finalizing the deal.

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    • Workplace Injury: When You Can Sue Outside of Workers Compensation

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    • Workplace Smoking Laws

      The days when smoking cigarettes in the workplace was as accepted as drinking coffee are long gone.

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      Learn about wrongful death claims what they are, when survivorscan sue, who might be liable, and what damages survivors canrecover.

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    • Small Claims Court: Part 1

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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    • Small Claims Court: Part 2

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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  • Legal Assist

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    • Appealing a Small Claims Court Case

      The legal skinny on whether and when you can appeal your small claims case.

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    • Arbitration Basics

      Learn the basics about arbitration: what it is, when it arises, andhow the process works.

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    • Arbitration Clauses in Contracts

      Should you include an arbitration clause in your contract?

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      Learn about the advantages and disadvantages of arbitration.

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    • Attorney Fees: Does the Losing Side Have to Pay?

      The winning side usually has to pay its own attorney's fees.

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      your employer may not require employees to practice his religion or adopt his spiritual beliefs.

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    • Can You Collect Your Judgment?

      Before you sue, make sure your opponent is solvent and has assets you can grab.

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    • Choosing Divorce Court Over Mediation or Collaborative Divorce

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    • Collect Your Court Judgment With a Real Estate Lien

      Learn what a real estate lien is, and how it might help you get your money.

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    • Collect Your Court Judgment With a Wage Garnishment

      If the debtor has a job, you may be able to grab up to 25% of his or her wages.

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    • Defamation Law Made Simple

      Learn the basic law of slander and libel the rules about who cansay what, about whom.

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    • Demand Letters: The Basics

      Settling your dispute may be as easy as writing a payment demandletter.

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    • Divorce Mediation FAQ

      How to create a divorce agreement with the help of a mediator without going to court.

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    • Do courts provide interpreters for non-English speakers?

      At all critical stages of a case, a judge will appoint aninterpreter to translate for defendants (and often victims as well) who havesubstantial difficulty speaking and understanding English.

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    • Dont Sue Unless You Can Collect the Judgment

      Before you sue, make sure your opponent is solvent so you can collect what you're owed.

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    • Formal Discovery: Gathering Evidence for Your Lawsuit

      Learn about discovery the legal procedures used to gather evidence for a lawsuit.

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    • Getting the Other Side to the Mediation Table

      Tips on getting a quarrelsome or unresponsive opponent to sit down and be reasonable during conflict resolution.

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    • Grandparent and Caretaker Visitation Rights

      Learn how child visitation laws affect grandparents', stepparents',and caretakers' visitation rights.

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    • How Your Lawyer Can Help With Mediation

      Even if you're represented by a lawyer, you can still mediate your dispute. Here are some ways your lawyer can help out.

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    • Judge or Jury Trial: Which is Better?

      Even if your case is eligible for a jury trial, it's often better to tell it to the judge.

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    • Lawyers and Divorce Mediation

      Divorce mediation can go more smoothly when you have a legal adviser.

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      Find out what mediation is, how the process works, and how to find a good mediator.

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    • Mediation: Do You Still Need a Lawyer?

      Most mediations don't require an attorney, but there are some situations in which you may want to consult a lawyer.

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    • Mediation: Ten Rules for Success

      Get good results at your mediation by keeping these basic tenets in mind.

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    • Mediation: The Six Stages

      Mediation is much less formal than going to court, but the conflict resolution process does involve distinct stages designed to lead to a mutually beneficial compromise. Here's what to expect.

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    • Mediation: What Kinds of Cases Can Be Mediated?

      Mediation can be used for most civil (noncriminal) disputes, and is sometimes available even when courts are not.

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    • Medical Malpractice: Using Expert Witnesses

      Expert witness testimony is essential to most medical malpracticecases.

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    • Multidistrict Litigation (MDL) for Drug Lawsuits and Other Cases

      Multidistrict litigation (MDL) consolidates complex cases so they're managed by one court.

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    • Offering Witness Testimony in Small Claims Court

      Gather and prepare your evidence in advance of going to small claims court.

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    • Personal Jurisdiction: In Which Court Can I Sue the Defendant?

      Before you file a lawsuit, be sure the court has power over theindividual or business that you want to sue.

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    • Presenting Your Testimony and Evidence in Small Claims Court

      Impress the judge by keeping your comments and paperwork in goodorder.

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    • Small Claims Court FAQ

      Rules and strategies for bringing your dispute to small claims court.

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    • State Courts: Different Courts Hear Different Types of Cases

      States assign cases to different courts by subject matter and the amount of money (or other remedy) requested.

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    • State Courts: Venue Rules Govern Where You Can File Your Lawsuit

      If you're going to bring a lawsuit in state court, this article will help you determine the proper county in which to file.

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    • Statutes of Limitations: Is It Too Late to Sue FAQ

      Filing your lawsuit on time is critical. Here's what you need to know.

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    • Subject Matter Jurisdiction: Should I File in Federal or State Court?

      Find out whether you need to file your lawsuit in federal or state court.

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    • Tax Court: The Small Case Division

      Federal tax court has a user-friendly division to help taxpayers resolve small disputes.

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    • Ten Tips for Staying Sane in Court

      Here are some suggestions that will help you keep your mind clear and calm during a lawsuit.

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    • The Defendants Small Claims Court Options

      Learn what to do and not to do if someone sues you in small claims court.

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    • Try to Compromise Before You Sue

      A lawsuit should be your last resort. Before you sue, talk with your opponent and try to negotiate a mutually beneficial compromise.

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    • What to Do After You File Your Lawsuit: Making a Discovery Plan

      In discovery, you gather information, documents, and other evidence relevant to your case.

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    • What to Do If the Other Side Has a Lawyer

      If your claim is straightforward and you're well prepared, there'sno need to back down.

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    • What Types of Cases Can Be Resolved in Small Claims Court?

      Determine whether your case is eligible for small claims court.

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    • When Should You Sue?

      Before you file a lawsuit, you need to decide a few things aboutyour potential case.

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    • Why Consider Mediation?

      Compared to a lawsuit, mediation is swift, confidential, fair, and low cost. Here's a full explanation of its advantages.

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    • Will Divorce Mediation Work for You?

      Learn when divorce mediation is likely to succeed and when itmight not.

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  • Legal Assist

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    • Avoiding Credit Card Debt

      Learn how to use credit cards wisely so that you don't get buriedin credit card debt.

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    • Choosing a Credit Counseling Agency

      Find a good credit counseling agency to help resolve your credit troubles.

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    • Credit Report Basics

      Learn how to obtain your credit report, and what it reveals aboutyou.

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      Learn what your credit score is and how to improve it.

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      What you need to know about dealing with debt collectors.

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    • Debt and Marriage: When Do I Owe My Spouses Debts?

      Whether you and your spouse are liable for each other's debts depends mostly on where you live.

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    • Debt Management Plans

      More and more companies are advertising debt management plans (DMPs) as the solution to everyone's money troubles, with the rise of consumer debt and the weakened economy.

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    • Different Types of Credit & Debit Cards

      Credit, charge, ATM, and debit cards are not all alike. Here's some information to help you choose wisely.

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    • `Dont Lose Your Home to Foreclosure Rescue Scammers`

      Foreclosure "rescue" scammers steal your home, equity, and money.Here's how to protect yourself.

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    • Dont Use a Credit Repair Clinic

      Steer clear of credit repair clinics you can repair your credit yourself.

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    • Getting a Credit Card When You Have Bad Credit

      Even if you have bad credit, you may be able to get a credit card.

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    • How to Dispute a Billing Error on Your Debit or Credit Card Statement

      Once in a while, you may find an error on your ATM, debit, credit, or charge card statement. Know your rights and obligations if you discover an error. If you don't act quickly, you may lose the right to challenge the error.

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    • Making a Budget for College

      Stay out of financial trouble in college by making a budget and sticking to it.

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    • Money Management 101

      Money management is key to improving or maintaining your financial situation. Each of us has our own particular relationship to money.

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    • Rebuilding Credit FAQ

      Improve a poor credit rating so your next credit check is better.

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    • Reduce Your Mortgage Obligations to Avoid Foreclosure

      You may be able to stop paying some of your home loans without risking foreclosure.

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    • Repossession: What Creditors Can and Cant Take

      Find out what property your creditors can repossess, and what's offlimits.

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    • Should I File for Bankruptcy FAQ

      It depends on the type of debt you have. Bankruptcy is a good vehicle for eliminating credit card, medical debt, deficiencies resulting from a repossession or foreclosure, and other unsecured debt.

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    • Tax Consequences When a Creditor Writes Off or Settles a Debt

      The IRS may count a debt written off or settled by your creditor astaxable income.

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    • Time-Barred Debts: When Collectors Cannot Sue You for Unpaid Debts

      If you have old, unpaid debts, you may be safe from a lawsuit to collect the debt. This is because a creditor or debt collector has a limited number of years to sue you for an unpaid debt. This time period is set by state law and is called the statute of limitations.

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    • What to Do If a Bill Collector Crosses the Line

      In order to deal with debt collectors, it pays to learn what they can and cannot do. Although most bill collectors are careful to follow the law when contacting you, some are not. If a bill collector goes too far, you can take action.

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    • When You Cant Pay Your Debts FAQ

      I feel completely overwhelmed by my debts and don't know where to begin.

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    • Which Debts Must You Repay?

      Some debts should be paid before others. Learn which debts should be your top priority.

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    • Your Liability for Unauthorized Credit and Debit Card Charges

      Learn how to limit your liability for unauthorized credit or debitcard charges.

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    • Age Discrimination in the Workplace

      Age discrimination involves treating an applicant or employee less favorably because of his or her age.

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    • Disability Discrimination in the Workplace

      Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.

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    • Federal Laws: Bullying and Gay Youth

      Although no federal law directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion.

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    • Implicit Bias and Stereotype Threat

      Implicit bias is a form of bias that occurs automatically and unintentionally, that nevertheless affects judgments, decisions, and behaviors.

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    • Microaggressions

      Microaggressions are everyday verbal, nonverbal, and environmental slights, snubs, or insults—whether intentional or unintentional.

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    • National Origin Discrimination in the Workplace

      National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background.

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    • Pregnancy Discrimination in the Workplace

      Pregnancy discrimination involves treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

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    • Race and Color Discrimination in the Workplace

      Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race.

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    • Religious Discrimination in the Workplace

      Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.

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    • Understanding and Recognizing Bias in the Workplace

      Bias is a preference or tendency that can be for or against a person, group, or thing when compared to another.

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    • Are atheists protected from religious discrimination?

      My manager rated me poorly in a few categories in which I thought I was doing well, and said, "not every employee is the right fit for this company. You might want to start considering whether youd be happier somewhere else." Is this discrimination?

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    • Can I make powers of attorney for my mentally and physically disabled son?

      I have a mentally and physically disabled son who will turn 18 soon. Must I establish a conservatorship to make medical and financial decisions for him or can I use durable powers of attorney to do this?

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    • Can my employer question my religious beliefs?

      Employees are entitled to reasonable accommodations in the workplace for their religious beliefs and practices, unless it would create an undue hardship for the employer.

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    • Choosing Tenants: Avoid Fair Housing Complaints and Lawsuits

      Antidiscrimination laws limit the tenants you can accept and reject. Federal and state antidiscrimination laws limit what you can say and do in the tenant selection process. When choosing tenants, keep in mind the following best practices.

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    • Delaware Passes Same-Sex Civil Union Bill

      Delawares legislature passed a same-sex civil union bill on April 14, 2011, giving same-sex couples who enter into civil unions the same rights and responsibilities as married couples in the state. Governor Jack Markell, historically supportive of LGBT equality, has promised to sign the bill, which will take effect on January 1, 2012.

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    • Do I have to ask coworkers to work on my Sabbath day?

      Allowing employees to swap shifts is a common reasonable accommodation for employees whose religious beliefs require them to take certain days off, whether to observe the Sabbath or for religious holidays, rites, or functions.

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    • Does my coworker have a right to proselytize at work?

      You should complain to your employer, explaining that your coworkers proselytizing is making you uncomfortable and that you have asked her to stop. Her comments might constitute illegal harassment, which gives your employer a duty to step in.

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    • Fighting Rental Housing Discrimination FAQ

      Learn about illegal housing discrimination, including how to file a complaint.

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    • Finding Free Legal Services

      Looking for free legal help? Learn whether you may be eligible.

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    • Is vegetarianism a religious belief?

      Youve put your finger on an age-old question: What is religion? For purposes of Title VII, the primary federal law that outlaws employment discrimination, religion includes traditional organized religions (such as Judaism or Islam), as well as small sects and beliefs that only a few people hold.

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    • Laws Prohibiting Discrimination Against Gays and Lesbians FAQ

      Can medical providers refuse to provide treatment because a patient is gay, lesbian, or transgendered?

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    • Tenant Rights Against Sexual Orientation Discrimination

      Know your renters rights if a landlord wont rent to you because you are gay or lesbian.

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    • Tenants Rights: When to Hire a Lawyer

      Protect your rights as a renter by hiring a lawyer when necessary.

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    • Top Ten Legal Mistakes That Can Sink Your Landlord Business

      Know the laws in your state before you rent out space.

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    • Workplace Harassment Based on Religion

      Under Title VII, the primary federal law that prohibits workplace discrimination, employees and applicants are protected both from discrimination and from harassment based on their religion.

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    • Rental Assistance

      Find an apartment.

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    • Small Claims Court: Part 1

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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    • Small Claims Court: Part 2

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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    • 10 Steps Toward Low-Risk Landlording

      Learn how to protect your rental property from common mishaps and risky situations.

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    • Bankrupt Tenants: How the New Bankruptcy Law Affects Evictions

      The new bankruptcy law makes it easier for landlords to evict bankrupt tenants.

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    • Choosing Tenants: Avoid Fair Housing Complaints and Lawsuits

      Antidiscrimination laws limit the tenants you can accept and reject.

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    • Dont Lock Out or Freeze Out a Tenant Its Illegal

      Landlords are subject to penalties if they change the locks or shut off utilities to get a tenant out of rental property.

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    • Fences and Neighbors FAQ

      Do good fences really make good neighbors? These frequently asked questions may help you decide.

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    • Foreclosure and Renting to a New Tenant: Tenant Remedies

      When a landlord rents to a tenant property that the landlord knows will soon be in foreclosure, what remedies does the tenant have?

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    • How Evictions Work: Rules for Landlords and Property Managers

      A landlord cant begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the states termination statute. If the tenant doesnt move (or reform for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

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    • How Landlords Should Advertise Their Rental Property

      Setting out your basic rental terms is your first step to finding great tenants. Finding and choosing tenants is the most critical decision any landlord makes, and to do it well you need a reliable system.

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    • How Landlords Should Handle Press or Public Inquiries

      Landlords should adopt a written policy for dealing with press orpublic inquiries about their properties or business.

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    • How to Screen and Select Tenants FAQ

      Check tenants credit and avoid legal trouble over discrimination. Whats the best way for landlords to screen tenants.

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    • Illegal Eviction Procedures in Wisconsin

      Wisconsin landlordsmust follow specific rules and procedures when evicting a tenant (see thearticle HowEvictions Work: What Renters Need toKnow, on this site). The state forbids landlords from taking thelaw into their own hands.

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    • Key Steps in Making an Intrafamily Reverse Mortgage Loan

      Let’s say you and perhaps other members of your family are interested in setting up a reverse mortgage loan for another family member. The most common scenario would be for children to do this on behalf of an elderly parent who owns a home but is short on cash.

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    • Landlord Liability for Bedbugs and Bedbug Bacteria

      Potential link between bedbugs and disease gives landlords and tenants more than just the creeps.

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    • Lead Disclosures for Rental Property FAQ

      Landlords must disclose lead-based paint or hazards before renting or renovating property, and may be held liable for tenant health problems resulting from lead.

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    • Legal Remedies If a California Home Seller Conceals a Defect

      You’ve closed escrow and moved into your dream home. Your happiness is short-lived, however, as you discover a defect that the seller seems not to have told you about beforehand.

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    • Legal Remedies If a Home Seller Lies or Conceals a Defect in Florida

      Let’s say that you are a Florida homeowner, having recently purchased a home in the Sunshine State. You walked out of the closing feeling thrilled about your new home, sure that you had done all your homework, gotten all the necessary information, and made a great home-buying decision. Unfortunately, it’s not long before problems start to crop up. Maybe the air conditioning is shutting down, one of the sinks stopped running, or you discover a roof leak or even worse, mold accumulating around that leak.The question then becomes, who is responsible?

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    • Living Together Contracts

      Learn what a living together contract is and whether or not you need one.

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    • Mold in Rentals: Landlord Liability, Responsibility, and Prevention

      Learn about mold in rental units your landlords liability for mold problems, how to get rid of mold, and how to prevent mold in the first place.

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    • Neighbor Disputes Over Water Damage

      Flooding, surface runoff, and even leaking sprinklers can sparkdisputes between neighbors.

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    • Neighbors and Noise FAQ

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    • Pets Caught in Foreclosure Landlords Can Help

      Landlords can help foreclosed-upon families by accepting tenants with pets its good for business if you follow some simple steps to protect yourself.

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    • Proving Fault in Accidents on Dangerous or Defective Property

      Whos responsible for accidents that occur on or around buildings and grounds?

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    • Renters Rights to Minor Repairs

      How to get landlords to keep their end of the maintenance bargain.

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    • Repairs, Maintenance, and Entry to Rented Premises

      Landlords duties to repair rental property and to give tenants notice before entering.

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    • Resolving Landlord-Tenant Disputes FAQ

      Lawyers and lawsuits should rarely be your first choice when faced with a landlord-tenant dispute.

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    • Shelter-in-Place Orders: What Must a Landlord Do?

      Heres what every landlord needs to know about shelter-in-place orders.

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    • Smart Landlord Policies for Pet-Friendly Rentals

      A pet agreement can reduce a landlords risks in a pet-friendly building. Heres what to include in the agreement.

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    • Ten Terms to Include in Your Lease or Rental Agreement

      What should be included in every lease or rental agreement.A lease or rental agreement sets out the rules landlords and tenants agree to follow in their rental relationship. It is a legal contract, as well as an immensely practical document full of crucial business details, such as how long the tenant can occupy the property and the amount of rent due each month.

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    • Tenant Injuries: Landlord Liability and Insurance FAQ

      Protect yourself from liability from tenant injuries.

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    • Tenants Associations: What Should a Landlord Do?

      Learn what a landlord should and shouldnt do if tenants form anassociation or union.

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    • Tenants Caught in Foreclosure: Who Gets the Rent?

      Learn to whom tenants should pay rent when landlords fall into foreclosure.

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    • Top Ten Legal Mistakes That Can Sink Your Landlord Business

      Know the laws in your state before you rent out space.

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    • Top Ten Tax Deductions for Landlords

      Learn about the many tax deductions available to rental property owners.

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    • What are a landlords legal responsibilities to new tenants regarding lead in rental property?

      Because of the health problems caused by lead poisoning, the Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992. This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978.

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    • What Its Like Being a Landlord

      Get the lowdown on the joys and hassles of renting out property.

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    • When Secondhand Smoke Invades Your Home

      Homeowners and renters can take action against cigarette-smokingneighbors.

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    • When Should a Landlord Hire a Lawyer?

      In some situations, property owners can benefit from a lawyers help. Learn when to consult an attorney.

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    • When Your Lease or Rental Agreement Ends FAQ

      Frequently asked questions on security deposits and evictions.

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    • Where Landlords Can Advertise Their Rental Property

      Use several advertising methods when you list your property for rent.

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    • Your House as a Rental Property? Gauge Its Tenant-Appeal

      Having trouble selling your house? Ask yourself these questions about its likely appeal to tenants.

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    • Rental Assistance

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    • Small Claims Court: Part 1

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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    • Small Claims Court: Part 2

      Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000.

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  • Legal Assist

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    • Adding a Roommate to the Lease or Rental Agreement

      Get your landlords approval before a new person moves in. Whether its time to live with the one you love or you just need to replace a departing roommate, check with your landlord before letting a new person move in.

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    • Alabama Tenant Rights to Demand Needed Repairs

      Alabama tenants are legally entitled to rental property thatmeets basic structural, health, and safety standards and is in good repair. Ifa landlord fails to take care of important maintenance, such as a leaky roof ora broken heater, you may demand that the landlord take action.

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    • Asbestos in Homes and Schools

      Asbestos can still be found in some homes, schools, and other buildings. What do you need to know?

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    • Disabled Renters Housing Rights

      If you have a disability, you should understand the laws when you rent a house or apartment.

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      Learn about illegal housing discrimination, including how to file a complaint.

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    • Foreclosure and Renting to a New Tenant: Tenant Remedies

      When a landlord rents to a tenant property that the landlord knows will soon be in foreclosure, what remedies does the tenant have?

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    • Get Your Security Deposit Back

      Dont let your landlord stiff you know the law.Most states hold landlords to strict guidelines as to when and how to return security deposits. Landlords who violate these laws can be held to stiff penalties.

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    • How Evictions Work: What Renters Need to Know

      Landlords cant just lock you out, even if you are behind on rent. They must get a court judgment first.Your landlord cant evict you without terminating the tenancy first.

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    • Illegal Eviction Procedures in Wisconsin

      Wisconsin landlordsmust follow specific rules and procedures when evicting a tenant (see thearticle HowEvictions Work: What Renters Need toKnow, on this site). The state forbids landlords from taking thelaw into their own hands.

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    • Lead Disclosures for Rental Property FAQ

      Landlords must disclose lead-based paint or hazards before renting or renovating property, and may be held liable for tenant health problems resulting from lead.

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    • Leases and Rental Agreements FAQ

      What you need to know to create a legally valid lease or rental agreement. Do I need a written lease or rental agreement?

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    • Legal Remedies If a California Home Seller Conceals a Defect

      The bills are stacking up as you seek to replace the roof and remediate the mold. Are these bills your responsibility? Or can you file a lawsuit and force the seller to pay?

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    • Neighbors and Noise FAQ

      Answers to your questions about noisy neighbors.

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    • Pets Caught in Foreclosure Landlords Can Help

      Landlords can help foreclosed-upon families by accepting tenants with pets its good for business if you follow some simple steps to protect yourself.

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    • Protect Your Security Deposit When You Move In

      Record the condition of the property to safeguard your security deposit. During the exhausting process of moving into a new apartment, the last thing on your mind is moving-out day, but since your landlord is probably holding a sizable chunk of your money in the form of a security deposit, its risky not to prepare for the end of your tenancy right from the beginning.

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    • Renters in Foreclosure: What Are Their Rights?

      Federal legislation signed in May 2009 gives important rights to tenants whose landlords have lost their properties through foreclosure.Renters and tenants are now being affected by foreclosures almost as often as homeowners.

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    • Renters Rights to Minor Repairs

      How to get landlords to keep their end of the maintenance bargain.Your landlord is responsible for keeping your rental unit in a livable condition, though many renters often feel stuck with less-than-ideal living conditions.

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    • Renters: Protect Yourself From Crime

      How savvy tenants can get landlords to prevent crime.

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    • Renting a House or Apartment With Roommates

      Learn to avoid disputes among roommates or with the landlord.When two or more people sign the same rental agreement or lease or enter into the same oral rental agreement they are cotenants and share the same legal rights and responsibilities. However, theres a special twist. One cotenants negative behavior not paying the rent, for example can affect everyones tenancy.

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    • Repairs, Maintenance, and Entry to Rented Premises

      Landlords duties to repair rental property and to give tenants notice before entering.

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    • Resolving Landlord-Tenant Disputes FAQ

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    • Shelter-in-Place Orders: What Must a Landlord Do?

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    • Should I Rent or Buy a House?

      The "rent or buy" decision is not always a no-brainer. During super-hot markets, when real estate prices can sometimes go up by thousands of dollars a week, the prevailing advice is, "Buy as soon as you possibly can!" But weve also seen where that advice has gotten people; namely into financial trouble (if not foreclosure) when the hot market turns out to have been a bubble.

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    • Signing a Lease or Rental Agreement FAQ

      Learn about the laws that cover security deposits, rent increases, and late fees.

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    • Tenant Injuries: Landlord Liability and Insurance FAQ

      Protect yourself from liability from tenant injuries.

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    • Tenant Rights Against Sexual Orientation Discrimination

      Know your renters rights if a landlord wont rent to you because you are gay or lesbian.

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    • Tenants Caught in Foreclosure: Who Gets the Rent?

      Learn to whom tenants should pay rent when landlords fall into foreclosure.

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    • Tenants Rights to Privacy and Repairs FAQ

      Learn when your landlord can enter your rental, and when you should demand repairs.

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    • Tenants Rights: When to Hire a Lawyer

      Protect your rights as a renter by hiring a lawyer when necessary.

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    • Tips for Homeowners About to Be Renters After a Disaster

      Homeowners displaced after a disaster such as a fire, flood, or hurricane may find themselves in the market for a rental.Owning a home is supposed to provide stability, but a major disaster such as an earthquake, fire, or flood can send many homeowners in search of temporary living quarters.

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    • When a Roommate Moves Out

      What to do if a roommate moves out before a lease ends.

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    • When Secondhand Smoke Invades Your Home

      Homeowners and renters can take action against cigarette-smokingneighbors.Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbors cigarette bothered you, all you could do was move out.

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    • When Your Lease or Rental Agreement Ends FAQ

      Frequently asked questions on security deposits and evictions. What are the rules for returning security deposits? What rules does a landlord have to follow before evicting a tenant?

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    • Whether to Use a Lease or Rental Agreement

      And why a handshake shouldnt seal the deal between landlords and tenants.See Lease vs. Rental Agreement: Which Is Better?, below.)

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  • Legal Assist

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    • Can I be denied a job because Im pregnant?

      It certainly could be pregnancy discrimination. Federal law and the laws of most states prohibit employers from making job decisions based on pregnancy. As in many areas of law, however, what the law requires is often quite different from what happens in the real world.

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    • Can I walk off the job if my employer wont fix a safety problem?

      Most likely, no. The federal Occupational Safety and Health Act (OSHA) and similar state laws give employees the right to refuse work only in very limited and extreme circumstances.

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    • How can I prove I was turned down due to employer discrimination?

      You may have grounds for a lawsuit if you can get your hands on some very specific evidence such as memos, email messages, comments, or statistics showing that your employer has discriminatory promotion practices.

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    • Child and Spousal Support

      If you have been married for a significant amount of time and your spouse has been economically dependent on you, if you divorce, you can expect the judge to order you to pay some type of spousal support.

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      Adoption attorneys play an important role in most any adoption.

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    • Intercountry Adoption: Convention Countries

      The countries listed in the following article are parties to the Hague Adoption Convention and are referred to as Convention countries.

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    • Right of First Refusal

      In hotly contested child custody and access disputes, a contentious matter that often arises is the right of first refusal. Typically this refers to situations where a parent is unable to meet an obligation for the care of the child, and that parent may then consider the use of a babysitter over the other parent. In such situations, the other parent seeks to have this right of first refusal to care for their child in lieu of resorting to a babysitter.

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    • A New Parent Checklist: Starting a Family

      From pregnancy to choosing a guardian, new parents can count onmaking lots of decisions.By taking some time now to become informed, you can save yourself worry and trouble later and begin to put all of the necessary plans in place. The checklist below will give you a place to start.

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    • Adoption Procedures

      Learn about the basic procedures used in most types of adoptions.

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      Tips for parents whose young children are flying by themselves.

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      Think through these questions before giving your children allowances.Teaching your kids about money management? Deciding whether to give a child an allowance is an important step.

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    • Emancipation of Minors

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    • Financial Aid Basics

      The financial aid system is meant to ensure that anyone who wants to attend college is able to, regardless of their financial circumstances. This doesnt mean that college will be free, but it does mean that if students and families do enough research and choose the school and financial aid package that best suits their needs, a higher education can be affordable.

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    • Getting a Social Security Number For Your Baby

      Learn how to apply for your babys Social Security number.

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    • How Guardianships Work FAQ

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      The advantages and disadvantages of skipping the agency when you adopt a child.

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    • Parenting for Unmarried Couples FAQ

      Unmarried couples who want to raise children face some unique parenting issues.What steps must unmarried parents take to ensure that they are both considered the legal parents of their child?

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    • Paternity Issues and Child Support

      Establishing paternity is a critical step towards collecting childsupport.Determining the answer to the seemingly simple question "Who is the father?" is not as straightforward as you might think. Different circumstances give rise to different legal rules.

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    • Preparing for the IEP Meeting

      From IEP forms to understanding your childs rights, what you need to know before your IEP meeting.

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    • Setting Up a Guardianship for a Child FAQ

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      A special education attorney can help you advocate for your child in school.

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    • Stepparent Adoptions

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    • Temporary Orders in Family Court: Quick Decisions on Support and Custody

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      Learn about the different ways you can adopt a child.

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    • Types of Child Custody

      Learn the difference between legal custody, physical custody, sole custody, and joint custody.

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    • Using Life Insurance to Provide for Your Children

      Life insurance may be a good source of income for your kids if you die.

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    • Who Can Adopt a Child?

      Advice for single people, married couples, domestic partners, andlesbians and gay men.As a general rule, any adult who is considered a "fit parent" may adopt a child, but some states have special requirements for adoptive parents.

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    • Work and Family: Creating a Family-Friendly Work Arrangement

      Learn strategies for balancing work and family. If you are having trouble balancing work with a new baby, you are not alone. Most new parents find their schedules and their energy overburdened by the competing needs of their jobs and their families.

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    • Your Social Security Number and Card: Checking Your Records

      It is critical that your name and Social Security number on your Social Security card agree with your employer's payroll records and W-2 so that the Social Security Administration can credit your earnings to your record.

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  • Legal Assist

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    • 401(K) Plan

      A deferred compensation retirement savings arrangement in which employers withhold a portion of their employees' pretax wages and invest them in a plan where they may earn income, tax-free, until the employee withdraws the money.

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    • ERISA Disability Benefits Applications: 6 Common Mistakes

      Increase your chance of getting ERISA group disability benefits by avoiding these common mistakes.

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    • File for Social Security Benefits

      You can file a claim for Social Security benefits at your local Social Security office, by phone, or through the Social Security Administration's website (www.ssa.gov).

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    • Getting Your Retirement Money Early Without Penalty

      If you need to dip into a retirement account whether it's a 401(k), IRA, or something else before you retire, you will likely pay a penalty. However, there are a few ways to avoid the penalty.

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    • Helping Seniors Manage Money and Finances

      Many people worry about the ability of aging parents and other loved ones to handle money and financial affairs.

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    • How Beneficiaries Can Claim Life Insurance and Social Security Benefits

      Beneficiaries need to know how to collect life insurance and Social Security payments that belonged to the deceased; the executor of the estate doesn't usually handle this task.

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    • How Does an Addiction to Prescribed Narcotics Affect Disability Benefits?

      This is a complex question to answer because while Social Security does consider prescription drug abuse to be a substance abuse disorder, Social Security will not treat an addiction to prescription drugs in the same way as it treats an addiction to illicit drugs

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    • How Much Money Will You Need When You Retire?

      Figure out how much annual income you'll need during retirement it may be less than you think.

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    • How to Invest Wisely for Retirement

      There are hundreds of ways to invest for retirement. Sales pitches from stock brokers abound, as do articles and websites devoted to retirement investments, many written or sponsored by companies that sell investment products

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    • How to Live Below Your Means During Retirement

      Whether you are retired or planning to retire, working to spend less and live below your means will help keep more of your money invested and working for you. It takes discipline to Live Below Your Means.

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    • Medicare and Medicaid: Whats the Difference?

      Medicare and Medicaid are very different. Medicaid is a federal program for low-income, financially needy people, set up by the federal government and administered differently in each state.

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    • Medicare FAQ

      Learn about Medicare eligibility and coverage.

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    • Medicare Managed Care: Choosing a Plan

      Choose a Medicare managed care plan that meets your needs.

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    • Medigap: Covering the Gaps in Medicare

      Medigap insurance helps fill the gaps in Medicare coverage.

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    • Plan For a Healthy Retirement

      A healthy retiree is a happy retiree. Here's what you can do now to improve your health in retirement.

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    • Retirement Plan FAQ

      Quick answers to common questions about retirement plans, including 401(k) plans, IRAs, Keoghs and SEPs.

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    • Retirement Plan Myths

      Learn the facts about retirement plans including withdrawals, distributions, beneficiaries, and rollovers.

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    • Retirement Planning and the Big Picture

      When planning for retirement, money may not be the most important consideration.

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    • Retirement Plans for the Self-Employed

      Create your own retirement plan if you work for yourself.

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    • Saving for Retirement: The Basics for Those Getting Started

      If you're just starting out in the workforce, it's time to start thinking about saving for retirement.

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    • Social Security Benefits: Will They Be There When You Retire?

      The uncertain future of Social Security benefits could impact your retirement plans.

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    • Social Security Disability: Appealing Denied Claims

      How to appeal a denied SSDI disability claim.

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    • Social Security Disability: Deciding Whether to Appeal a Denied Claim

      Should you appeal a denial of SSDI disability benefits

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    • Social Security Disability: Eight Reasons You May Be Denied Benefits

      Will your claim for SSDI disability benefits be denied?

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    • Social Security Disability: Five Levels of Appeal

      To appeal a denial of Social Security disability (SSDI) benefits, you'll need to follow the instructions included in your notice of denial from the Social Security Administration (SSA).

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    • Social Security Disability: How SSDI Claims Are Decided

      The five steps in the disability determination for SSDI benefit claims.

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    • Social Security FAQ

      Learn about eligibility for Social Security benefits whether you are eligible, when you can collect them, and how much you will receive.

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    • Social Security: Checking Your Earnings and Benefits

      Find out your estimated Social Security benefits.

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    • Social Security: How to Appeal Denied Claims

      How to appeal if your application for Social Securitybenefits is denied.

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    • What Will You Do When You Retire?

      Plan to lead an interesting and rewarding life after retirement.

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    • When Social Security Will Deny You Disability Because Your Past Job Skills Are Transferable

      If your past work was considered skilled or semiskilled, you're applying for disability benefits, you should understand how having transferable skills could impact your chances of a successful disability claim.

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    • Your Retirement Plan in Bankruptcy

      How will bankruptcy affect your 401(k), IRA, pension, and other retirement plans?

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  • Legal Assist

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    • 50-State Guide to Business Income Tax

      Most states tax at least some types of business income derived from the state. In most states, corporations are subject to a corporate income tax while income from “pass-through entities” such as S corporations, limited liability companies (LLCs), partnerships, and sole proprietorships is subject to a state’s tax on personal income.

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    • 50-State Guide to Forming an LLC

      While its not difficult to form a limited liability company ("LLC"), the rules for how it must be done vary state by state. To find out the requirements for forming an LLC in your state, choose your state from the list below.

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    • Avoiding Capital Gains Tax When Selling Your Home: Read the Fine Print

      If you sell your home, you may exclude up to $250,000 of your capital gain from tax or up to $500,000 for married couples.You probably know that, if you sell your home, you may exclude up to $250,000 of your capital gain from tax.

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    • Can a Tax Refund Affect SSI Eligibility?

      I think I may get a tax refund this year because I had to quit working last year due to my disability. Is this going to cause my SSI payments to stop?

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    • Can employers accept a receipt for a replacement document for I-9 purposes?

      Do I have to terminate her employment and rehire her once she gets the documents, or can she work while she waits for the documents?

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    • Can my husbands ex and I share the same last name without problems?

      I am getting married; my first time, his second. I will be taking his name when we marry. Will there be any problems if his ex keeps her married name, too? We dont have the same first name.

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    • Canceled Mortgage Debt: What Happens at Tax Time?

      The Mortgage Forgiveness Debt Relief Act gives some taxpayers a break.

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    • Choosing a Fiscal Year for Your Business

      All businesses are required to pay taxes and keep accounting records year by year. You automatically choose your tax year when you file your tax year when you file the first tax return for your business. After that, you have to get IRS permission to change.

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    • Claiming an Unmarried Partner as a Dependent on Your Tax Return

      To claim tax benefits for your dependent partner, there are fivetests your partner must pass.

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    • Current vs. Capital Expenses

      Tax rules cover not only what expenses can be deducted but also when in what year they can be deducted. Some types of expenditures are deductible in the year they are incurred but others must be taken over a number of future years.

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    • Deducting Medical Home Improvements

      Ordinarily, you cannot deduct the cost of permanent improvements to your home. But these is an important exception: such improvements can be deductible as a medical expense. However, changes brought about by the Tax Cuts and Jobs Act (TCJA) make it harder for most taxpayers to deduct these expenses than in the past.

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    • Deducting Organizational Costs for Single-Member LLCs

      Many people who start one-owner businesses form single member limited liability companies (LLCs) to own and operate the business. Single-member LLCs are legal in every state. However, for tax purposes they are “disregarded entities”—this means that a single-member LLC is treated the same as a sole proprietorship unless the LLC owner elects to have the LLC treated as a corporation (which is rare).

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    • Deducting Repairs to Your Home Office

      If you have an office in your home that qualifies for the home office deduction, you’ll be able to deduct a variety of home expenses. These include not only a portion of your rent or mortgage payments and utilities, but some home repairs as well.

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    • Deducting Your Property Taxes

      If youre a homeowner, you almost certainly have to pay property taxes. These are local taxes based upon the assessed value of your home. The more your home is worth, the more youll have to pay. Fortunately, property taxes are deductible from your federal income taxes. However, the Tax Cuts and Jobs Act imposed new limitations on this deduction.

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    • Do LLC Members Need to be 18 Years Old (or Older)?

      However, great business ideas are not limited to adults, minors (those under 18 years of age in most states) have them too. Can you form an LLC if you’re under age 18? Can you even be a member of an LLC if you’re a minor?

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    • Do You Qualify for the Adoption Tax Credit?

      Adopting a child is expensive. If you do it through an adoption agency or privately, it can cost anywhere from $5,000 to $40,000 or more. International adoptions can range from $7,000 to $30,000. The federal government wants to encourage adoptions and has put its money where its mouth is by establishing an adoption tax credit.

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    • Does employer need to complete a new I-9 for a rehired employee?

      I am rehiring an employee who worked for our company last summer. Do I need to do a new I-9 for her?

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    • Eliminating Tax Debts in Bankruptcy

      Most taxes cant be eliminated in bankruptcy, but some can.You may hear radio commercials offering the hope of eliminating tax debts in bankruptcy. But its not as simple as it sounds. Most tax debts cant be wiped out in bankruptcy youll continue to owe them at the end of a Chapter 7 bankruptcy case, or youll have to repay them in full in a Chapter 13 bankruptcy repayment plan.

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    • Estate Tax: Will Your Estate Have to Pay?

      Only some estates, larger than $5 million, owe federal estate tax. Most estates dont owe federal estate or gift tax, because you can give away or leave substantial amounts of property tax-free.

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    • Filing a Tax Return When You Live Outside the United States

      The long arm of the tax code does not stop at the U.S. border. If you live abroad and have income, you will still have to file a tax return. You must also either have taxes withheld from your paycheck or pay quarterly estimated taxes if you are working abroad.

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    • Filing and Paying Taxes Late

      The penalties for filing or paying your taxes late, and how to request an extension. What if April 15 rolls by and you havent had time to complete your return, or you cant pay what you owe?

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    • Filing Taxes: Top Ten FAQ

      Avoid IRS problems by knowing these answers.

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    • Hiring Workers in Your Home: Legal Requirements

      Understand your responsibilities when hiring a nanny, housekeeper,gardener, or handyperson.

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    • Homeowner Tax Breaks: Recent Developments

      Learn about recent tax credits and tax deductions for homeowners.

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    • How to Form an LLC

      EAP is your resource for assistance with managing problems at home and at work. EAP provides you and eligible family members with a no-cost, confidential and user-friendly resource for life management concerns

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    • How to Hire a Tax Professional for Your Small Business

      Hiring the right tax professional for your small business is important. Getting good tax help can translate into money for your business. Ideally, you should form a long-term relationship with a tax professional so you have someone to call year-round.

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    • How to Reduce the Chance of an Audit

      Here are some suggestions to help you file a return that wont raise any audit eyebrows at the IRS.

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    • IRS Installment Payment Plans

      If you can pay your debt over time, an installment plan may be the right solution.The most widely used method for paying an old IRS debt is the monthly installment agreement, or IA. If you owe $25,000 or less, you should be able to get an installment payment plan for 60 months just by asking for it.

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    • IRS Penalties Most Likely to Affect Small Businesses

      Learn about common tax mistakes made by small businesses, and the IRS penalties that can result.If your small business fails to comply with tax taws or tax filing requirements, those mistakes can be costly.

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    • IRS Tax Bill Collections: What You Can Do

      Heres what to do when the IRS tries to collect a tax bill.The IRS has far greater powers than any other bill collector: The IRS has the power to take your wages, bank accounts, and other property without first granting you a hearing.

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    • Keeping Employee Records for Tax Purposes

      Small businesses can avoid trouble with the IRS by keeping the right employee records and tax documents.

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    • Keeping Tax Papers

      Keep anything related to your tax return for at least three years after you file.In general, the IRS has up to three years after you file your tax return to complete an audit of you.

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    • Negligence Versus Tax Fraud: How Can the IRS Tell the Difference?

      The difference between cheating on your taxes and negligentlyfiling them, and how the IRS distinguishes between the two.

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    • Preparing for a Business Audit

      Be prepared for an audit of your business. Whos afraid of the IRS? Almost everyone. The key to surviving a tax audit and even coming out on top is not to panic, but prepare.

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    • Pros and Cons of Appealing an IRS Audit

      Filing an appeal, in the majority of cases, results in some savings but rarely a total victory. Here are some of the pros and cons to appealing an IRS audit and the steps you need to take to get started.

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    • Rules of the Game Tax Laws

      Tax code, regulations, rulings and court cases: why we need themall. Congress writes the tax laws, which become part of the Internal Revenue Code (IRC), or tax code for short.

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    • Seven Steps to Lower Your Taxes

      Learn basic tax-saving strategies you should know to help reduceyour taxes. Weve all heard that death and taxes are inevitable. Well, death may be inevitable, but taxes are not.

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    • Small Business Tax Debts: Dealing With the IRS

      If your small business owes taxes, how should you handle the IRS? Small businesses with tax debts face the daunting powers of the IRS and the various methods that the agency can use to collect overdue taxes many of which could spell the end for your business.

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    • Small Business Tax FAQ

      Answers to common tax questions on tax deductions for small businesses.

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    • Steps to Form an LLC

      Steps to Form an LLC

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    • Tax Abbreviations You Should Know

      The world of taxes is filled with abbreviations. Understanding some of the basic abbreviations commonly used will help you when dealing with tax professionals and the IRS.

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    • Tax Bill & IRS FAQ

      Frequently asked questions about handling a tax bill from the IRS. I am faced with a tax bill that I cant pay. Am I completely at the IRSs mercy, or do I have some options?

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    • Tax Breaks Every Parent Should Know About

      Learn about child tax breaks available to most parents. New parents often find themselves overwhelmed by the expenses that come with a baby. From nursery furnishings to countless diapers, your little bundle of joy is going to cost you, well, a bundle

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    • Tax Court: The Small Case Division

      Federal tax court has a user-friendly division to help taxpayers resolve small disputes. Small claims courts are a vital part of each states court system. Unfortunately, the federal government has not incorporated the user-friendly, informal, and inexpensive forum of small claims court into its trial court system with one notable exception: the small case division of federal tax court.

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    • Tax Deductions for Your Charitable Contributions and Volunteer Work

      Charitable contributions and volunteer work can reduce your taxes and enrich your retirement. After retirement (and even before), many people are looking for meaningful ways to spend some of their newly free time and to make a difference in the world.

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    • Tax Exemptions and Dependents: Six Things to Know

      Understand IRS rules for claiming dependents as exemptions on your tax return. Tax rules on dependents and exemptions apply to everyone who files a federal income tax return.

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    • Tax Relief for Child Care Expenses

      The child care tax credit and dependent care accounts could save you thousands of dollars. Every working parent knows that the cost of good child care is expensive and ever-increasing.

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    • Tax Returns: If You Havent Filed in a While FAQ

      Answers to frequently asked questions about failing to file tax returns.

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    • Tax-Saving AB Trusts

      Wealthy married couples get a big tax break when it comes to the federal gift/estate tax. Together, they can transfer nearly $11 million without owing federal gift tax or estate tax.

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    • Teen Jobs: Paying Taxes & Saving for Retirement

      Help your teen maximize earnings by following these tax and retirement saving tips. If you are the parent of a teen who has just landed his or her first paying job, you have a great opportunity to teach your teen about money management, spending, saving for retirement, and taxes.

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    • The Charitable Trust: Do Good and Get Tax Breaks

      Give to charity and get a tax benefit. A charitable trust lets you donate generously to charity, and it gives you and your heirs a big tax break.

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    • The Home Office Tax Deduction

      Running a business from home can help you lower your tax bill. When you use part of your home for business, you may be able to deduct expenses for what the IRS calls the "business use of your home.

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    • The Kiddie Tax: Limits on Shifting Unearned Income to Children

      Learn about the kiddie tax and how to avoid it with smart investments. For a long time, a popular tax-saving strategy for high-income families was to funnel unearned income through their children to reduce their overall taxes.

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    • The Simplified Home Office Deduction

      If you use a home office exclusively for business purposes, you can deduct as a business expenses a portion of the cost of operating your home. However, the home office deduction can be complex.

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    • Tips for Last-Minute Tax Filers

      Tips for those that file their tax return at the last minute orwho need to get an extension. Still havent filed your taxes? Dont worry, youre not alone; millions of people wait until the last minute to do their taxes.

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    • Top Seven Tax Deductions for Seniors and Retirees

      Heres a list of the top tax deductions for those over 50. If you are a senior or retired, be sure to understand and take advantage of the deductions available to reduce your income taxes each year. Heres some of the most important tax deductions.

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    • Top Ten Tax Deductions for Landlords

      Learn about the many tax deductions available to rental property owners. Every year, millions of landlords pay more taxes on their rental income than they have to. Why? Because they fail to take advantage of all the tax deductions available for owners of rental property.

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    • Top Ten Tips for Surviving an Audit

      Convince the IRS you were entitled to the credits, deductions, andexemptions you took.

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    • Using an Offer in Compromise to Settle a Tax Bill

      How to settle a tax bill with the IRS for pennies on the dollar using an offer in compromise. It is sometimes possible to wipe your tax slate clean at an enormous discount.

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    • What are State Business Tax Laws?

      Generally speaking, if your business makes money, then that money will be subject to income tax in the state where your business is located. The tax will either be paid directly by the business, or by the individuals who ultimately receive the business income. Moreover, apart from a tax on income, your business may be subject to a tax merely for existing in a particular state.

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    • What Auditors Look for When Examining a Business

      Know what an IRS auditor looks for when examining your business and its records. If your small business is being audited by the IRS, you should do two things: First, prepare for the audit. (For information on this, see Preparing for a Business Audit.)

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    • What Employers Should Do After E-Verify Issues a Tentative Nonconfirmation for an Employee

      The first time an employer using the E-Verify system receives a Tentative Nonconfirmation (TNC) can be a shock. By way of background, E-Verify compares information from an employees Form I-9, Employment Eligibility Verification, against data in the files of the U.S. Department of Homeland Security (DHS) and the Social Security Administration in order to check whether the employee is eligible to work in the United States.

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    • When Visa or Green Card Holders Must Pay Taxes

      If the U.S. government considers you a tax resident, you must filea U.S. tax return. Heres how to determine your status.

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    • Where to Form Your LLC

      Choosing where to form your Limited Liability Company (LLC) can sometimes be as perplexing as selecting the best legal structure for your new business. You have two basic options regarding where to register your LLC.

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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 on the parties, 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, foreclosure, garnishments, and most collection activity against the debtor the moment a bankruptcy petition is filed.

Bail

The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.

Bankruptcy

A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).

Bankruptcy Administrator

An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Bankruptcy Code

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

Bankruptcy Court

The bankruptcy judges in regular active service in each district; a unit of the district court.

Bankruptcy Estate

All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.

Bankruptcy Judge

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

Bankruptcy Petition

A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

Bankruptcy Trustee

A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

Bench Trial

A trial without a jury, in which the judge serves as the fact-finder.

Brief

A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

Burden of Proof

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.

Business Bankruptcy

A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

Capital Offense

A crime punishable by death.

Case File

A complete collection of every document filed in court in a case.

Case Law

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

Caseload

The number of cases handled by a judge or a court.

Cause of Action

A legal claim.

Chambers

The offices of a judge and his or her staff.

Chapter 7

The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

Chapter 7 Trustee

A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.

Chapter 9

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

Chapter 11

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in Chapter 11.

Chapter 12

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Bankruptcy Code.

Chapter 13

The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

Chapter 13 Trustee

A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Chapter 15

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

Chief Judge

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.

Claim

A creditor's assertion of a right to payment from a debtor or the debtor's property.

Class Action

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

Clerk of Court

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.

Collateral

Property that is promised as security for the satisfaction of a debt.

Common Law

The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

Community Service

special condition the court imposes that requires an individual to work-without pay-for a civic or nonprofit organization.

Complaint

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Concurrent Sentence

Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Confirmation

Approval of a plan of reorganization by a bankruptcy judge.

Consecutive Sentence

Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Consumer Bankruptcy

A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts. 

Consumer Debts

Debts incurred for personal, as opposed to business, needs.

Contingent Claim

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.

Contract

An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

Conviction

A judgment of guilt against a criminal defendant.

Counsel

Legal advice; a term also used to refer to the lawyers in a case.

Court

Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

Court Reporter

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

Count

An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.

Creditor

A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Credit Counseling

Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator has determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Debtor

A person who has filed a petition for relief under the Bankruptcy Code.

Debtor's Plan

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

Declaratory Judgment

A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

De Facto

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

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.

Defendant

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

De Jure

Latin, meaning "in law." Something that exists by operation of law.

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.

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.

Discharge

A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Dischargeable Debt

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

Disclosure statement

A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.

Discovery

Procedures used to obtain disclosure of evidence before trial.

Dismissal with Prejudice

Court action that prevents an identical lawsuit from being filed later.

Dismissal without Prejudice

Court action that allows the later filing.

Disposable Income

Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

Docket

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Due Process

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

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 the chief judge and 14 other, randomly selected, judges.

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. See "Damages.” A separate court of "equity" could order someone to do something or to cease to do something. See "Injunction.” In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.

Equity

The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Evidence

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

Exclusionary Rule

Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Exculpatory Evidence

Evidence indicating that a defendant did not commit the crime.

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 (keep the contract) or reject it (terminate the contract).

Exempt Assets

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, Exempt Property

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Ex Parte

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Face Sheet Filing

A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.)

Family Farmer

An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Federal Public Defender

An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

Federal Public Defender Organization

As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal Question Jurisdiction

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony

A serious crime, usually punishable by at least one year in prison.

File

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Fraudulent Transfer

A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

Fresh Start

The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)

Grand Jury

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also "Indictment” and "U.S. attorney.”

Habeas Corpus

Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Hearsay

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

Home Confinement

A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment-a transmitter attached to the wrist or the ankle-to help ensure that the person stays at home as required.

Impeachment

  1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;"
  2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

In Camera

Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

Inculpatory Evidence

Evidence indicating that a defendant did commit the crime.

Indictment

The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

In Forma Pauperis

"In the manner of a pauper." Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information

A formal accusation by a government attorney that the defendant committed a misdemeanor. See also "Indictment.”

Injunction

A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Insider (of Corporate Debtor)

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider (of Individual Debtor)

Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.

Interrogatories

A form of discovery consisting of written questions to be answered in writing and under oath.

Issue

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

Joint Administration

A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)

Joint Petition

One bankruptcy petition filed by a husband and wife together.

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.

Judgeship

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

Judgment

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Judicial Conference of the United States

The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

Jurisdiction

The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Jurisprudence

The study of law and the structure of the legal system.

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.”

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.

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.

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.

Litigation

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Liquidation

A sale of a debtor's property with the proceeds to be used for the benefit of creditors.

Liquidated Claim

A creditor's claim for a fixed amount of money.

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.

Means Test

Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's non-priority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

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.

Misdemeanor

An offense punishable by one year of imprisonment or less. See also "Felony."

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.

Moot

Not subject to a court ruling because the controversy has not actually arisen, or has ended.

Motion

A request by a litigant to a judge for a decision on an issue relating to the case.

Motion to Lift the Automatic Stay

A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

Motion in Limine

A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

No-Asset Case

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.

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.

Nondischargeable Debt

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

Nonexempt assets

Property of a debtor that can be liquidated to satisfy claims of creditors.

Objection to Dischargeability

A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.

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.

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. See also "Precedent."

Oral argument

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Panel

  1. In appellate cases, a group of judges (usually three) assigned to decide the case;
  2. In the jury selection process, the group of potential jurors;
  3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

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.

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, the U.S. trustee or bankruptcy administrator, the case trustee and creditors are parties in interest for most matters.

Petition Preparer

A business not authorized to practice law that prepares bankruptcy petitions.

Per Curiam

Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.

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.

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.

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.

Petty Offense

A federal misdemeanor punishable by six months or less in prison.

Plaintiff

A person or business that files a formal complaint with the court.

Plan

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

Plea

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also "Nolo contendere."

Pleadings

Written statements filed with the court which describe a party's legal or factual assertions about the case.

Postpetition Transfer

A transfer of the debtor's property made after the commencement of the case.

Prebankruptcy Planning

The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)

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.

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.

Presentence Report

A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

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.

Pretrial Services

A function of the federal courts that takes place at the very start of the criminal justice process-after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

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.

Priority Claim

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

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.

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.

Procedure

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Proof of Claim

A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)

Pro Per

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."

Property of the Estate

All legal or equitable interests of the debtor in property as of the commencement of the case.

Pro Se

Representing oneself. Serving as one's own lawyer.

Prosecute

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Pro Tem

Temporary.

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.

Record

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Redemption

A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

Remand

Send back.

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.

Sanction

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

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.)

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.

Secured Debt

Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

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.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

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.

Service of Process

The delivery of writs or summonses to the appropriate party.

Settlement

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.

Sequester

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Small Business Case

A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Statement of Financial Affairs

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

Statement of Intention

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

Standard of Proof

Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.

Statute

A law passed by a legislature.

Statute of Limitations

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

Sua Sponte

Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.

Subordination

The act or process by which a person's rights or claims are ranked below those of others.

Subpoena

A command, issued under a court's authority, to a witness to appear and give testimony.

Subpoena Duces Tecum

A command to a witness to appear and produce documents.

Substance Abuse Treatment

A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.

Substantial Abuse

The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.

Substantive Consolidation

Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.)

Summary Judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when — on the undisputed facts in the record — one party is entitled to judgment as a matter of law.

Supervised Release

Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise persons on supervised release.

Temporary Restraining Order

Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony

Evidence presented orally by witnesses during trials or before grand juries.

Tort

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

Transfer

Any mode or means by which a debtor disposes of or parts with his/her property.

Transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Trustee

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

U.S. Attorney

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

U.S. Trustee

An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Undersecured Claim

A debt secured by property that is worth less than the amount of the debt.

Undue Hardship

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain--based on current income and expenses--a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.

Unlawful Detainer Action

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property—usually for nonpayment of rent.

Unliquidated Claim

A claim for which a specific value has not been determined.

Unscheduled Debt

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

Unsecured Claim

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

Uphold

The appellate court agrees with the lower court decision and allows it to stand. See "Affirmed.”

Venue

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

Verdict

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Voluntary Transfer

A transfer of a debtor's property with the debtor's consent.

Wage Garnishment

A non-bankruptcy 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.

Warrant

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

Witness

A person called upon by either side in a lawsuit to give testimony before the court or jury.

Writ

A written court order directing a person to take, or refrain from taking, a certain act.

Writ of Certiorari

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.