Archives: Glossary

A government body with authority to decide legal disputes and administer justice, or the judge or judges who sit in it. Courts are organized by level, such as trial courts, intermediate appellate courts and a highest court, and by jurisdiction, such as federal or state.

Giving authority or a duty to another person or body. In contract law, a party can often delegate performance of its duties to someone else. For sales of goods, UCC § 2-210 says delegating does not relieve the original party of its duty to perform or its liability for breach. In constitutional law, the nondelegation doctrine limits how much legislative power Congress may hand to agencies.

The branch of government made up of the courts and judges. Article III of the U.S. Constitution places the judicial power of the United States in one Supreme Court and in the lower courts Congress creates. Each state also has its own judiciary.

Relating to the courts, judges or the administration of justice. For example, judicial power is the power to decide cases, and a judicial act is one a judge performs in that role.

The legal ability to do something, such as make a contract, make a will or take part in a lawsuit. Under Federal Rule of Civil Procedure 17(b), capacity to sue or be sued is decided by the law of the individual’s domicile, for an individual not acting in a representative capacity. For a corporation, it is the law under which it was organized. For most other parties, it is the law of the state where the court is located, with limited exceptions. A person may also act in a representative capacity, such as a guardian or trustee.

The management and settlement of a deceased person’s estate under court supervision, including collecting assets, paying debts and distributing what remains. In government, the term refers to managing public affairs, or to the executive branch led by a particular President.

A person a court appoints to manage and settle the estate of someone who died without a valid will, or whose will names no executor able to serve. The term also refers to an official who runs a government agency or program, such as the Administrator of the Small Business Administration.

A sworn statement, usually at the end of a pleading or other filing, confirming that its contents are true. Some filings must be verified, such as a shareholder derivative complaint under Federal Rule of Civil Procedure 23.1. In federal matters, an unsworn declaration made under penalty of perjury in the form set out in 28 U.S.C. § 1746 can generally take the place of a sworn verification. Under the Fair Debt Collection Practices Act, a consumer may dispute a debt in writing within 30 days of the collector’s validation notice. The collector must then stop collecting until it mails the consumer verification of the debt or a copy of a judgment (15 U.S.C. § 1692g(b)).

A legal rule or principle that courts develop and apply over time, often through case law. Examples include the doctrine of stare decisis, the doctrine of res judicata and the abstention doctrines in federal court.

Money or another obligation one party owes another. For the federal Fair Debt Collection Practices Act, a debt is any obligation or alleged obligation of a consumer to pay money. It must arise from a transaction primarily for personal, family or household purposes, whether or not reduced to judgment (15 U.S.C. § 1692a(5)).