The Art and Practice of Court Administration

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Arrives by Wednesday, Oct 9. Pickup not available. About This Item We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and we have not verified it. See our disclaimer. The Art and Practice of Court Administration Public Administration and Public Policy The Art and Practice of Court Administration explores the context in which court administration is practiced and identifiesthe qualities and skills court administrators need.

Divided into two major parts, part one covers the history of the field and how courts are organized, environmental conditions in which court administration is practiced, special impact on courts of the elected clerk of court, prosecutor, and the sheriff, the judge's administrative roles, as well as how a judge's judicial and administrative roles work with management. Customer Reviews. Write a review.

See any care plans, options and policies that may be associated with this product. 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. 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. 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. To separate. Sometimes juries are sequestered from outside influences during their deliberations. 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. 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.


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  • The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy. Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt. 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.

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

    Latin, meaning "of its own will. 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. A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract. 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. 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.

    The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases.

    Courts and Court Administration

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

    by Aikman, Alexander B

    An officer of the U. 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. 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.

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

    The geographic area in which a court has jurisdiction.

    The Art and Practice of Court Administration (Instant Digital Access Code Only)

    A change of venue is a change or transfer of a case from one judicial district to another. 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. Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. A nonbankruptcy 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. Court authorization, most often for law enforcement officers, to conduct a search or make an arrest. An order issued by the U. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

    Main content Glossary of Legal Terms. A 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.

    The Art and Practice of Court Administration - eBook - brigacpysnordslid.cf

    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. Amicus curiae Latin for "friend of the court.

    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. Appellate About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal.

    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.

    Assets Property of all kinds, including real and personal, tangible and intangible. Assume An agreement to continue performing duties under a contract or lease. Automatic stay An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

    Go to top B 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. 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 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. 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. 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.