An aggressive, experienced child custody lawyer, who understands the Maryland legal court system and sequenced court procedures, often makes the entire difference between winning and losing your case and avoiding mistakes. Our objective is to maximize your rights and options for custody, visitation and child support. Upon receipt of your call, we can explain rights that you have that you may not be aware of. (We only accept Maryland Custody cases or cases in which the child has been in Maryland for more than six months.)
(Client Comments)
” Thank you again for your aggressive and persistent representation in a hard fought custody battle that resulted in getting my children back”. ~~D.M.
“You delivered exactly what I wanted, getting my children back from another state, sole custody, having visitation supervised and child support.”~~L.I.
“Thanks for taking over my case and bringing my case to a prompt conclusion and getting everything I wanted. The biggest mistake I made was to file papers on my own because all I did was to waste my time going back and forth to court and nothing ever happended until I retained your office. I was not aware that the court clerks were not lawyers and could not provide legal advice after I filed the initial papers.”~~S.W.
“Your representation was outstanding throughout a hard fought contested custody case and getting sole legal and sole physical custody of my daughter, having visitation supervised and getting the mother to pay child support. If anyone needs a father?s rights lawyer you?re the lawyer they should call.~~” A.L.
“I appreciate your efforts in completing my difficult case resulting in me getting sole custody, having all visitation completely supervised and full child support. If anyone needs assistance in a child custody case, you are the lawyer they need to call”~~S.M.
“My expectations were exceeded when I heard I was awarded primary legal and primary physical custody of my child all visitation was supervised. All of your answers to my questions were directly on target. Many thanks.”"~~ K.K.
“Thank you for the conscientious way you represented me in my custody case and dealing with the unusual issues that came up throughout my case. As the result of your tireless and persistent representation, you were able to get my two sons back for me in a case that seemed to be a constant uphill battle. Your representation was excellent and you are truly an outstanding dedicated lawyer. “~~H.S.
Although I had my doubts about grandparent’s or third party’s rights for custody, your representation was excellent in having the court award me sole custody of my grandson. Thanks again.” J.C.
” Thanks for filing an extremely forceful contempt action which resulted in the entire child support arrearage being promptly paid in full.~~M.Q.
“I was skeptical about father’s rights until you were able to get sole legal and physical custody awarded to me after a contested trial. Your strategy was brilliant throughout the case.”~~C.J.
“Your representation was excellent in obtaining sole custody of both children, having all visitation supervised and getting child suport in my Anne Arundel County custody case. Thanks.~~K.C.
“Your aggressive and relentless representation was outstanding in defending and knocking out the complaint for custody filed against me so we did not even have to go to court. Thanks.”~~M.H.
” I was thrilled to learn from reading the court’s opinion that your representation resulted in my getting primary custody after a hard contested trial against the mother. If anyone needs a father’s rights lawyer, you are the lawyer they need to call.”"~~B.C.
“Many thanks for a job well done and accepting my divorce case as your tough, persistent and hard nosed representation resulted in protecting my pension”~~M.M.
“I wanted to express my thanks for the concern you have shown in representing me with an emergency petition for modification of the existing custody order. It is not often an attorney will devote Saturday and Sunday hours to be sure all documents are promptly filed and serviced to meet last minute time conditions. I felt comfortable as your answers to my questions were understandable.”~~D.J.
“I am glad I selected you to defend my protective order case as your answers to my questions were directly on target, you advised me not to settle and after a hard fought trial you got the case thrown out of court.”~~M.O.
“Thanks for being there in my time of need and for your aggressive and persistent representation. Your representation was outstanding throughout the case”~~L.M.
“The documents you drafted and filed with the court seemed so forceful and intimidating they seemed to be like a knockout punch resulting in our obtaining a judgment by default. Many thanks for a job extremely well done.” ~~S.T.
“Thank you for taking over my case and promptly resolving the difficult issues. Your aggressive representation and clear answers to my questions were excellent throughout the case”~~P.O.
“Your strategy and representation in getting full custody of our granddaughter was outstanding since taking over the case.”~~D.B.
“Thank you for taking over my Harford County custody case. Your representation resulted i exactly what I hoped for.”~~N.C.
Many thanks for getting my child support reduced.”~~L.M.
(Cleint comments may relate to cases handed by attorney Jack Hyatt)
Cases we can help you with include :
Each case is different and past records are no assurance that the Lawyer will reach a favorable result in any future case. We welcome difficult and challenging cases. We feel equally comfortable representing mothers or fathers in every Maryland county. We can render a second opinion if your existing case is not proceeding in a proper direction.
Frequently knowledge of specific child custody court decisions and Maryland State statutes can make the entire difference between losing or wining your case.
Filing documents with a court is meaningless without incorporating the specific legal authorities into the documents prior to filing. Busy trial judges who hear many different types of child custody cases may not be as knowledgeable as a dedicated child custody Attorney who can bring specific knowledge to a case which can make all of the difference between wining and losing.
Many cases that have a high potential to win are lost because the correct specific authorities were not set forth in the documents filed with the court and not properly argued to the court. “He who represents himself has a fool for a client.” “Abraham Lincoln”
This quotation is especially true in child custody cases because a specific knowledge and awareness of specific court decisions and statues is essential prior to any documents being filed with a court.
We will conduct a detailed examination of all facts in your child custody case including, the relationship between all parties, how the conflict arose, who caused the conflict, what laws were broken, what witnesses are available, what evidence is available, the credibility of all parties, what resources are available to best help you and we will pinpoint the very best course of action to win your child custody case.
Our office represents numerous parties around the country who do not reside in Maryland. If you reside outside Maryland, or more than twenty miles from our office, you can begin your case be mail. Whether you begin your child custody case by scheduling an office appointment, or by mail, what will be done, every sequence, every procedure and the end result will be identical.
Locations in which we can help:
custody lawyer in baltimore county
custody lawyer in baltimore city
custody lawyer in montgomery county
custody lawyer in prince george’s county
custody lawyer in anne arundel county
custody lawyer in howard county
custody lawyer in harford county
Physical custody determines the day to day care of a child and establishes where the child will live. A parent with physical custody has the right to have his or her child live with him or her.
When a child lives with both parents, each parent shares joint physical custody with the other and each parent is said to be a custodial parent, so in joint physical custody, neither parent is said to be a non-custodial parent. Under joint physical custody, actual housing and care of the child is shared pursuant to a court-ordered custody schedule, sometimes known as a parenting plan or parenting schedule. The term visitation is no longer used in this context, but rather is reserved to sole custody orders. Terms such as primary custodial parent and primary residence have no specific legal meaning other than for assigning dependents for income tax purposes, and each parent is still said to be a custodial parent.
In some jurisdictions, joint physical custody establishes a presumption of equally shared parenting, but in most states, joint physical custody only establishes an obligation to provide each of the parents with reasonable periods of physical custody in order to assure the child of frequent and continuing contact with each parent. Courts have not clarified what significant periods and frequent and continuing contact mean, so parents have to litigate.
If a child lives with a parent, that parent has sole physical custody and is the custodial parent while the other parent is the non-custodial parent, but may have visitation rights with his or her child.
Joint physical custody is created by a court order according to which custody of a child is given to both parties. Under joint custody, both parents are custodial parents and neither parent is a non-custodial parent; the child has two custodial parents.
Many jurisdictions have two forms of joint custody: joint physical custody, and joint legal custody. In joint legal custody, both parents share access to educational, health, and other records, and each has the same status as to the welfare of the child.
In joint physical custody, actual housing and care of the child is shared according to a court-ordered schedule. In many cases, the term visitation is no longer applied in these circumstances, but rather is assigned to sole custody orders. In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with significant periods of physical custody so as to assure the child of frequent and continuing contact with both parents. in substantially equal parenting time where feasible. Courts have not clearly defined what significant periods and frequent and continuous contact mean, which requires parents to litigate to find out. ,.
It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states’ divorce courts. It is possible to have joint legal custody, but for one parent to have sole physical custody In some states this is referred to as Custodial Parent and Non-Custodial Parent.
Terms such as primary custodial parent and primary residence have no specific legal meaning other than for assigning dependents for income tax purposes, and each parent is still said to be a custodial parent ,maryland custody lawyer, maryland custody, attorney, custody in maryland, maryland custody attorneys, maryland custody lawyers, .
Under sole physical custody a child resides with one parent, with visitation determined by the court. Physical custody involves the daily care of the child and determines where the child will live. A parent with physical custody has the right to have his or her child live with him or her. If a child lives with only one parent, that parent has sole physical custody and is the custodial parent. The other parent is the non-custodial parent, and may enjoy visitation rights with the child.
A custodial parent is a parent who enjoys physical and/or legal custody of a child as ordered by the court.
A child-custody determination is an order of a court establishing the legal custody, physical custody, or visitation with respect to a child. A Maryland Custody lawyer can answer your questions relating to supervised visitation.
Physical custody determines the day to day care of a child and establishes where the child will live. A parent with physical custody has the right to have his or her child live with him or her ,
When a child lives with both parents, each parent shares joint physical custody with the other and each parent is said to be a custodial parent, so in joint physical custody, neither parent is said to be a non-custodial parent. Under joint physical custody, actual housing and care of the child is shared pursuant to a court-ordered custody schedule, sometimes known as a parenting plan or parenting schedule. The term visitation is no longer used in this context, but rather is reserved to sole custody orders. Terms such as primary custodial parent and primary residence have no specific legal meaning other than for assigning dependents for income tax purposes, and each parent is still said to be a custodial parent. .
In some jurisdictions, joint physical custody establishes a presumption of equally shared parenting, but in most states, joint physical custody only establishes an obligation to provide each of the parents with reasonable periods of physical custody in order to assure the child of frequent and continuing contact with each parent. Courts have not clarified what significant periods and frequent and continuing contact mean, so parents have to litigate.
If a child lives with a parent, that parent has sole physical custody and is the custodial parent while the other parent is the non-custodial parent, but may have visitation rights with his or her child.
Joint physical custody is created by a court order according to which custody of a child is given to both parties. Under joint custody, both parents are custodial parents and neither parent is a non-custodial parent; the child has two custodial parents.
Many jurisdictions have two forms of joint custody: joint physical custody, and joint legal custody. In joint legal custody, both parents share access to educational, health, and other records, and each has the same status as to the welfare of the child.
In joint physical custody, actual housing and care of the child is shared according to a court-ordered schedule. In many cases, the term visitation is no longer applied in these circumstances, but rather is assigned to sole custody orders. In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with significant periods of physical custody so as to assure the child of frequent and continuing contact with both parents. States such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible. Courts have not clearly defined what significant periods and frequent and continuous contact mean, which requires parents to litigate to find out,
It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states’ divorce courts. It is possible to have joint legal custody, but for one parent to have sole physical custody In some states this is referred to as Custodial Parent and Non-Custodial Parent.
Terms such as primary custodial parent and primary residence have no specific legal meaning other than for assigning dependents for income tax purposes, and each parent is still said to be a custodial parent. .
Under sole physical custody a child resides with one parent, with visitation determined by the court. Physical custody involves the daily care of the child and determines where the child will live. A parent with physical custody has the right to have his or her child live with him or her. If a child lives with only one parent, that parent has sole physical custody and is the custodial parent. The other parent is the non-custodial parent, and may enjoy visitation rights with the child.
A custodial parent is a parent who enjoys physical and/or legal custody of a child as ordered by the court.
A child-custody determination is an order of a court establishing the legal custody, physical custody, or visitation with respect to a child.
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 that 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.
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.
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.
Party in interest A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.
Petition preparer A business not authorized to practice law that prepares bankruptcy petitions,maryland custody lawyer, maryland custody, attorney, custody in maryland, maryland custody attorneys, maryland custody lawyers,.
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.
Tort - An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded in a contract. The most common tort action is a suit for personal and or property damages sustained in an automobile accident.
Warranty - A legal promise that certain facts are true.
Battery - A beating or other wrongful touching of a person. The threat to use force is an assault; actual use of force is a battery, which usually includes an assault.
Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself.
Bench Trial - Trial without a jury in which the judge decides the facts as well as the law.
Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.
Surety Bond - A bond purchased at the expense of the estate to insure the executor's proper performance.
Survivorship - Another name for joint tenancy, in which one owner becomes entitled to property because he or she has survived all other owners.
Best Evidence - Primary evidence; the best form of evidence available. Evidence short of this is secondary. For example, the original of a letter is the best evidence, while a photocopy is secondary evidence.
Best Evidence Rule - Rule requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof. However, a duplicate is admissible in place of an original unless there is a genuine question about the authenticity of the original or it would be unfair under the circumstances of the case to admit the duplicate instead of the original. Also, an original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing individual, and if the original is not closely related to a controlling issue in the case.
Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person.
Bind over - To hold a person for trial on bond bail or in jail. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.
Standing - The legal right to bring a lawsuit. Only a person with some legally recognized interest at stake has standing to bring a lawsuit.
Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.
Statement - A writing made by a person and signed or otherwise adopted or approved by such person; any mechanical, electrical or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are in substance recitals of an oral statement.
Statute - Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct. Trust - A trust that instructs the trustee to spend only as much income as needed for the beneficiary's support.
Suppress - Exclusion of evidence at a trial because it is improper or was improperly obtained.
Supra - Latin for above.
Surety - A person that signs a bond and guarantees to pay money if the defendant fails to appear in court as directed.
Surety Bond - Bond purchased at the expense of the estate to insure the executor's proper performance.
Survivorship - Another name for joint tenancy, by which one owner becomes entitled to property because he or she has survived all other owners.
Best Evidence - The best form of evidence available. One example might be the original of a letter, while a photocopy is secondary evidence.
Bench Warrant - An order issued by a judge to arrest a person based on his her failure to obey a court order. A bench warrant may be issued when a person fails to pay a fine, appear, or attend DWI School.
Beneficiary - Someone named to receive property or benefits in a will, trust, insurance policy, or other such document.
Bequeath - To give a gift to someone through a will.
Bequests - Gifts made in a will.
Summary Judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the material facts of the case, and one individual is entitled to judgment as a matter of law.
Summons - A document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint.
Support Trust - A trust that instructs the trustee to spend only as much income and principal the assets held in the trust as needed for the beneficiary's support, maryland custody lawyers, maryland custody attorneys,
Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.
Supra - Latin for above.
Best Evidence Rule - Rule requiring parties to produce the original writing, recording, or photograph when attempting to prove the contents thereof. A duplicate is admissible in place of an original unless there is a genuine question about the authenticity of the original or it unless it would be unfair under the circumstances of the case to admit the duplicate instead of the original. An original is not required if it is lost or destroyed, if it cannot be obtained through a subpoena, if it is in the possession of the opposing individual, or if the original is not closely related to a controlling issue in the case.
Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person.
Bind over - To hold a person for trial on bail, bond, or in jail. If the judicial official conducting the preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.
Standing - Legal right to bring a lawsuit. Only a person with some legally recognized interest at stake
Statute of Frauds - Law which requires that certain documents be in writing, such as leases for more than one year. Under the UCC, contracts for the sale of goods for more than $500 must be in writing to be enforced.
Statute of Limitations - The time within which a plaintiff must begin a lawsuit in civil cases or a prosecutor must bring charges in criminal cases . There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.
Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. Example: a municipal court has subject matter jurisdiction for cases involving violation of that municipality's ordinances, but does not have subject matter jurisdiction over felonies.
Subpoena - A process directing a witness to appear and give testimony at a certain time and in a certain place.
Suhas standing to bring a lawsuit.
Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases.
Statement - A writing made and signed by a person; any electrical, mechanical, or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are recitals of an oral statement.
Statute - Law passed by a legislative body declaring duties and rights, or
Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.
Bond supersedeas - The bond set by the court during the appeal procedure and posted with the Clerk of Court. It ensures payment to the winner at the trial court level if the appeal is unsuccessful.
Bond surety - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant. Booking - The process of photographing, fingerprinting or recording identifying data of a person charged with a crime.
Breach - The breaking or violating of a law, right, or duty, either by the commission or omission of an act.
Breach of Contract - Failure by one individual to abide by the terms of a contract without lawful excuse.
Brief - A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law. Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points: The level of the burden of proof for a type of case indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. In a criminal case, the burden on the prosecutor is to establish the defendant's guilty beyond a reasonable doubt, a much stricter standard.
Sentence - The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.
Sentence Report - A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a pre-sentence investigation.
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.
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
Self-Incrimination privilege against - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as Taking the Fifth.
Self-Proving Will - A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.
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.
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 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; 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.
Inculpatory 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..
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, maryland custody lawyers, maryland custody attorneys,.
Dismissal with prejudice Court action that prevents an identical lawsuit from being filed later.
Dismissal without prejudice Court action that allows the later filing.
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.
Statutory Construction - Process by which a court seeks to interpret the meaning and scope of legislation, maryland custody lawyers, maryland custody attorneys,
Statutory Law - The body of law enacted by the legislative branch of government, as distinguished from case law or common law.
Stay - A court order stopping a court proceeding.
Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.
Strict Liability Statutes - Statutes criminalizing specific conduct without regard to the actor's intent. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act.
Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied upon.
Sua Sponte - A Latin phrase which means on one's own behalf, voluntary, without prompting or suggestion.
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, maryland custody lawyer,
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 The 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 maryland custody attorney,
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
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.
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.
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 have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling, maryland custody lawyers, maryland custody attorneys,.
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 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. P>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.
Defendant An individual or business against whom a lawsuit is filed.
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 tin, meaning in fact or actually. Something that exists in fact but not as a matter of law, maryland custody lawyers, maryland custody attorneys,.
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.
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. 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. p> Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death
Larceny - Obtaining property by fraud or deceit
Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom
declared incompetent, or other person under some disability
No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict
Noise Control Act - A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions
Nonfeasance - Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty
Nonjury trial - Trial before the court but without a jury
Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments
Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.
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 e.g., 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.
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, maryland custody lawyers, maryland custody attorneys,.
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 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.
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 have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
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 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.
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 that describe a party's legal or factual assertions about the case.
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.
Impeachment 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 It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal
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.