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Legal Glossary
ADMINISTRATIVE LAW
Agency - a relation between two people in which one person, the
agent, acts on behalf of or represents another, the principle.
Hearing - a moderately formal public proceeding where witnesses
testify and evidence is presented in order to determine issue of fact and render
a decision based on the evidence.
Regulation - a rule ordered by the government pertaining to the
action of those it controls.
BANKRUPTCY LAW
Chapter 7 Bankruptcy (Individual or Straight Bankruptcy) - a proceeding,
either voluntary or involuntary, in which the debtor’s property is liquidated
in order to pay off creditors and discharge him or her from other debts.
Chapter 11 Bankruptcy (Business Reorganization) - if a business
entity is unable to pay its debts, it can petition for reorganization under Chapter
11 of the Bankruptcy Code. Normally, the business is able to continue operations
under court supervision until the reorganization plan is approved by two-thirds
of its creditors.
Chapter 13 Bankruptcy (Wage Earner’s Plan) - when an insolvent
debtor, who is a wage earner, files a plan that allows them additional time to pay
off a creditor.
Discharge - when a debtor is released from all debts except those
excepted by the Bankruptcy Code. Thereafter, the debtor may engage in business practices
and acquire property without being liable to satisfy former debts.
Insolvent - when a person or firm is unable to meet financial obligations
throughout the usual course of business because their debts are greater than their
assets.
EMPLOYMENT LAW – EMPLOYEE
OSHA (Occupational Safety and Health Administration) - federal
agency that establishes occupational safety and health standards, making sure, through
investigations and inspections, that these standards are upheld.
Wrongful Discharge - when an at-will employee alleges that his
former employer has terminated him in violation of state or federal anti-discrimination
laws.
FAMILY LAW
Alimony - court order for husband or wife to provide financial
support to their spouse during separation or after divorce.
Annulment - a legal procedure deeming a marriage null and void,
as if it never existed.
Community Property - one half of the property acquired and
wages earned during the term of the marriage, or until date of separation, is considered
to be owned by the other spouse.
Guardianship - the legal obligation of one person (the guardian)
to care for and protect another person (the ward) and their property.
Legal Separation- a court ordered determination of the terms under
which a married couple will live separately.
CRIMINAL LAW
Reasonable Doubt - the standard by which a criminally charged person
is deemed innocent or guilty. It is doubt that a reasonable person would have and
is based on evidence or lack thereof.
Felony - a very serious crime that is punishable by a prison sentence
of at least one year or even by death.
Misdemeanor - a less offensive crime than a felony. It is typically
punishable by fines, probation, community service or 12 months maximum jail time.
Search and seizure - the searching and confiscation of a criminal
suspect’s property by the police or other authority. The Constitution entitles
the public with the right against unreasonable search and seizure.
ESTATE PLANNING
Estate Planning - a field of law that deals with an individual’s
wills, property, insurance, taxes and investments so as to maximize the benefit
of the law, and minimize taxes and fees, while still considering the person’s
wishes upon death.
Personal Property - all property that is tangible (i.e. money,
furniture, goods) and intangible (i.e. stocks, annuities, patents) that is
not real estate.
Probate - legal process carried out by the executor of the decedent’s
estate wherein assets are collected, taxes and debts are paid, liabilities are liquidated
and property is distributed to heirs.
Real Property - land and all that is erected upon or affixed to
it.
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