Affidavit - A voluntary declaration of facts written down and sworn to by the declarant - called an affiant - before an officer authorized to administer oaths, such as a notary public
Answer - formal written response to a complaint or petition, admitting or denying the numbered statements
Appeal - proceeding to have a decision reviewed and possibly re-decided by a higher authority - often utilized when one party feels the outcome of a case is unsatisfactory
Arbitration - a dispute resolution tactic where parties meet with a third party who acts as factfinder in the dispute and comes up with a resolution - these can be binding or nonbinding
CHAPTER 11 - For businesses or corporations that meet special circumstances, as well as individuals whose debts are larger than Chapter 13 allows. Normally the debtor retains his assets and continues operation of his business with the court's oversight. A plan of reorganization is presented to creditors, and they vote on the plan. If a majority of creditors accept it, the plan is confirmed by the court and it becomes binding. Plans can involve future income or sale of some assets.
CHAPTER 12 - Same as Chapter 13 in that a repayment plan is set up and the Debtor retains all property, but this is for family farmers and requires a more extensive list of farm equipment.
CHAPTER 13 - If a debtor has a job and unsecured debt less than $336,900 and secured debt less than 1,010,650, Chapter 13 may be an option. This type is essentially a repayment plan.
Debtors keep all property and make regular payments to the trustee based on their income over a period of three to five years.
CHAPTER 7 - This is the most common type of bankruptcy. It is also called "Liquidation Bankruptcy." This involves a trustee collecting all property not exempted under statute, selling it, and distributing the proceeds to creditors. This type of bankruptcy does not get rid of taxes, child support, alimony, student loans, judgments, criminal fines or restitution, or debts involving fraud/wrongdoing.
Civil - Court for general matters, there are divisions within this
Complaint - The initial pleading that starts a civil action and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief.
Contempt - conduct that defies the authority of a court or legislature usually punishable by fine or imprisonment
Counterclaim - claim for relief asserted against an opposing party after a claim has been made by the opposing party
Counter-petition - when a petition has been served on a party, if a party wishes to bring up issues not covered in the petition, the party must file a counter-petition to bring up these new issues, otherwise they won't be heard.
County Court - Court for matters between $5,000.00 and $15,000.00
Criminal - court for criminal offenses
Damages - money claimed by or ordered to be paid to a person as compensation for loss or injury
Default judgment - a judgment entered against a defendant who has failed to defend against a claim
Defendant/Respondent - party defending against the petition or complaint
Duces Tecum - Latin for bring with you - often subpoenas have these directions within them to bring a document to court when you must appear
Equity - natural law - the body of principles indicated what is fair and right
Exhibit - evidence formally submitted in hardcopy before the court
Exhibit List - list presented to the court and opposing party before trial to disclose objects formally introduced into evidence at trial
Federal - court for matters above and beyond state level courts
Foreclose - to terminate a mortgagor's interest in property
Garnishment - when a creditor (or potential creditor) asks the court to order a third party who is indebted to the creditor or who is responsible for the debtor to turn over to the creditor any of the debtor's property (such as wages or bank accounts) held by that third party.
Injunction - A court order commanding or preventing an action. To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. These are the closest thing to restraining orders in Florida
Interrogatories - written questions usually in a set submitted to an opposing party during the course of discovery in a lawsuit
Mediation - a dispute resolution tactic where parties meet with a neutral third party who helps them come to a solution to their problem - this is thought to help parties avoid court and extra fees that come with a trial - these can be binding or nonbinding
Motion - an application requesting a court to make a specified ruling or order, normally pursuant to a particular statute or rule
Order - written direction or demand ordered by a court judge
Petition - more formal than a motion, written request to a court or other official body for action
Plaintiff/Petitioner - party filing the petition or complaint
Probate - procedure by which a testamentary document is proved to be a valid will
Punitive damages - Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit
Request to produce - during discovery, one party's written request that another party produce tangible things and documents for inspection
Requests for admission - during discovery, one party's written factual statement submitted for the other to admit or deny. All admitted or not denied statements are accepted as valid and not having to be tried before the court.
Settlement - an agreement ending a dispute or a lawsuit, often in writing and signed by both parties outlining what each party will or will not do
Small claims Court - Court for matters less than $5,000.00 in Florida
Subpoena - a writ commanding a person to appear before a court or other tribunal subject to a penalty for failing to comply
Summary Judgment - if the judge determines there is no issue of material fact the judge will grant a motion for summary judgment - the judge considers everything filed and if a summary judgment is granted it is granted so the parties can avoid unnecessary hearings
Transcript - handwritten, printed, or typed copy of testimony given orally; esp., the official record of proceedings in a trial or hearing, as taken down by a court reporter
Trial de Novo - a new trial on the entire case conducted as if there has been no trial in the first place
Trust - right enforceable in equity to the beneficial enjoyment in property that another person owns - a property interest held by one person at the request of another for the benefit of a third party
Will - document by which a person directs his or her estate to be distributed upon death
Witness List - list presented to the court and opposing party before trial to disclose who will be called upon to testify at trial
Writ - A court's written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.