Archives: Glossary

A person who owes permanent allegiance to a state (8 U.S.C. § 1101(a)(21)). Under federal law, a “national of the United States” is either a citizen of the United States or a person who, though not a citizen, owes permanent allegiance to the United States (8 U.S.C. § 1101(a)(22)). Non-citizen nationals are a small group defined by statute — for example, people born in American Samoa (8 U.S.C. § 1408). We have not found a court decision recognizing non-citizen national status, or an exemption from federal or state law, acquired by a person’s own declaration.

A formal written request to a court or other official body. In some proceedings, the document that starts the case is called a petition rather than a complaint — for example, in Texas the initial pleading is a petition (Tex. R. Civ. P. 45), and a voluntary bankruptcy case begins with the filing of a petition (11 U.S.C. § 301; involuntary cases are covered by § 303). Petitions are also used for habeas corpus, certiorari and many family-law and probate matters. The First Amendment protects the right of the people to petition the Government for a redress of grievances.

The person who suffered harm, loss or the violation of a right and who may seek a remedy. In contract law, the injured party is the one entitled to remedies for the other party’s breach. In a lawsuit, the injured party is usually the plaintiff or claimant.

Harm to a person, property, reputation or legal right. To have standing to sue in federal court, a plaintiff must show an “injury in fact” — an invasion of a legally protected interest that is concrete and particularized and actual or imminent — that is fairly traceable to the defendant’s conduct and likely to be redressed by a favorable decision (Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61 (1992)).

A person who gives testimony, or who saw or knows about an event. Every person is competent to be a witness unless the rules provide otherwise (Fed. R. Evid. 601), and a lay witness may testify only to matters within personal knowledge (Fed. R. Evid. 602). An expert witness may give opinions if qualified and if the testimony meets Fed. R. Evid. 702.

A person who gives information about suspected crime to law enforcement, often confidentially. The government has a limited privilege to withhold an informant’s identity, but it must give way when disclosure is relevant and helpful to the defense or essential to a fair determination of the case (Roviaro v. United States, 353 U.S. 53 (1957)).

In criminal law, a formal written accusation of a crime filed by a prosecutor, as distinguished from an indictment returned by a grand jury. In federal court, an offense punishable by death must be prosecuted by indictment, and an offense punishable by more than one year of imprisonment must be prosecuted by indictment unless the defendant waives it, in which case it may be prosecuted by information (Fed. R. Crim. P. 7(a)–(b)).

A person or institution that lends money, usually in exchange for repayment with interest. Lenders that regularly extend consumer credit generally must give disclosures under the Truth in Lending Act and Regulation Z, and mortgage lenders are also subject to other federal and state laws. A lender that takes a security interest in personal property is a secured party under UCC Article 9; a lender secured by real estate holds a mortgage or deed of trust instead.

A person or business to whom money or another obligation is owed. Statutes define the word for their own purposes; for example, the Fair Debt Collection Practices Act defines a creditor as any person who offers or extends credit creating a debt or to whom a debt is owed, but not someone who takes a defaulted debt only to collect it for another (15 U.S.C. § 1692a(4)), and the Truth in Lending Act limits the term to those who regularly extend consumer credit (15 U.S.C. § 1602(g)).

A person who owes money or another obligation. Under UCC Article 9, a debtor is a person having an interest in the collateral, other than a security interest or lien, whether or not that person owes the obligation; sellers of certain receivables and consignees also count (UCC § 9-102(a)(28)). In bankruptcy, a debtor is the person or municipality concerning which a case under the Bankruptcy Code has been commenced (11 U.S.C. § 101(13)).