define representation in court

representation - Meaning in Law and Legal Documents, Examples and FAQs

Representation refers to the act of an authorized person, such as a lawyer, speaking or acting on behalf of someone else in legal matters, ensuring their rights and interests are properly advocated for and protected.

In normal language you would also say " advocacy " instead of " representation "

Need help understanding your legal documents?

What does "representation" mean in legal documents?

In legal documents, the term "representation" refers to the act of one party speaking or acting on behalf of another party. This means that the representative is authorized to make decisions, take actions, or provide information on behalf of the person or entity they are representing.

Representation can take many forms, such as a lawyer representing a client in a court case, a business owner authorizing an employee to negotiate a contract, or a parent acting on behalf of their child. The key aspect of representation is that the representative has the legal authority to act in the place of the person or entity they are representing.

When you see the term "representation" in a legal document, it's important to understand the specific context and the nature of the relationship between the representative and the person or entity being represented. This will help you determine the scope of the representative's authority and the responsibilities they have in carrying out their duties.

For example, in a power of attorney document, the person granting the power (the principal) is authorizing the representative (the agent) to make decisions and take actions on their behalf, such as managing their finances or making healthcare decisions. The power of attorney outlines the specific powers and limitations of the agent's representation.

Similarly, in a contract, the parties may be represented by their respective lawyers or other authorized agents. The contract will typically specify the scope of the representatives' authority and the responsibilities they have in negotiating and executing the agreement.

Understanding the concept of representation is crucial in navigating the legal landscape, as it helps you identify the key players involved in a legal matter and the extent of their decision-making power. By familiarizing yourself with this term, you can better understand the roles and responsibilities of the various parties involved in a legal process.

What are some examples of "representation" in legal contracts?

Here are some examples of how the term "representation" might be used in various legal contracts:

Employment Contract: "The employee represents that they have the necessary skills and qualifications to perform the duties outlined in this agreement."

Real Estate Purchase Agreement: "The seller represents that they have the legal authority to sell the property and that there are no outstanding liens or encumbrances on the title."

Loan Agreement: "The borrower represents that they have provided accurate financial information and that they have the ability to repay the loan according to the terms of this agreement."

Merger Agreement: "The parties represent that they have obtained all necessary approvals and authorizations to complete the merger transaction."

Confidentiality Agreement: "The recipient represents that they will keep all information disclosed under this agreement strictly confidential and will not use it for any purpose other than the intended purpose."

Partnership Agreement: "Each partner represents that they will contribute their fair share of resources and expertise to the partnership and will act in the best interests of the business."

Trademark License Agreement: "The licensor represents that they are the rightful owner of the trademark and have the authority to grant the license to the licensee."

These examples illustrate how the concept of representation can be applied in various legal contracts to establish the rights, responsibilities, and authorities of the parties involved.

FAQs about "representation"

What is legal representation.

Legal representation refers to having a qualified lawyer or attorney represent you in legal matters. This means the lawyer will handle all the legal aspects of your case, such as filing paperwork, negotiating with the other side, and appearing in court on your behalf.

Who can provide legal representation?

Legal representation can only be provided by licensed attorneys or lawyers who are authorized to practice law in your state or jurisdiction. These professionals have the necessary education, training, and credentials to represent clients in legal proceedings.

How does legal representation work?

When you hire a lawyer for legal representation, they will first meet with you to understand your situation and goals. They will then develop a legal strategy, handle all the necessary paperwork and communications, and advocate for your interests in negotiations or in court. The lawyer acts as your advocate and advisor throughout the legal process.

What are the benefits of having legal representation?

The main benefits of having legal representation include:

Expertise in navigating the complex legal system
Protecting your rights and interests
Ensuring proper procedures are followed
Negotiating on your behalf to achieve the best possible outcome
Reducing the stress and burden of handling legal matters on your own

How much does legal representation cost?

The cost of legal representation can vary widely depending on the complexity of your case, the lawyer's experience, and your location. Many lawyers offer free initial consultations and work on an hourly or contingency fee basis. It's important to discuss the fees and payment options with any potential lawyer before hiring them.

What if I can't afford a lawyer?

If you cannot afford a private lawyer, there are several options available:

Legal aid organizations that provide free or low-cost legal services to those who qualify based on income
Pro bono lawyers who volunteer their services for certain types of cases
Law school clinics where law students, supervised by professors, provide legal assistance
Payment plans or sliding scale fees offered by some private law firms

The key is to explore all available options to ensure you have the legal representation you need, even if you have limited financial resources.

These legal terms could also be helpful

representative payee

A representative payee, or money manager, is someone legally appointed to receive and manage government benefits on behalf of an individual who is unable to manage their own finances due to age, disability, or other circumstances.

representative

A representative, commonly referred to as a proxy, is someone legally authorized to act on behalf of another person or entity in specific matters or transactions.

A reprieve is a temporary delay or postponement of a punishment or execution, giving someone a chance to have their case reviewed or reconsidered.

repudiation

Repudiation, commonly referred to as rejection, is the act of refusing to honor or fulfill a legal obligation or contract.

Law dictionary

Representation

Acting on behalf of someone else (such as a solicitor acting for a client); taking someone else's place (such as when a court gives an executor the right to deal with a dead person's affairs); or a statement in a contract.

Due to the seriousness of the allegations, they were advised to seek representation urgently.

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Definition of Pro Se

Pro se representation, pro se litigant, pro se divorce, famous cases involving pro se litigants, clarence earl gideon, related legal terms and issues.

The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

What to Expect When Representing Yourself in Court

man in suit representing yourself in court

Can You Represent Yourself in Court?

How to represent yourself in court without a lawyer.

Learning about the steps involved in cases like yours
Taking notes on how to introduce evidence and how to object to unfavorable evidence presented by the other side
Asking about whether you’ll be required to appear in court more than once
Filling out all necessary paperwork and making sure it's accurate
Consulting with an attorney who can give you some valuable guidance, even if you only meet with them for an hour

Pros and Cons of Representing Yourself in Court

Unsure of whether representing yourself in court is the best plan.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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What Are The Pros and Cons Of Representing Yourself In Court?

Defending yourself in court is uncommon in our legal system, but there are instances where it does occur. The majority of people represent themselves in court for a variety of reasons. In criminal trials, a defendant may not want to pay or cannot afford a private counsel, or they may consider that a public defender would not represent their best interests throughout the trial, or their trial may be straightforward, and they believe counsel is not needed.

There are also cases where a defendant might distrust the system and believes that deviating from the norm constitutes a declaration of resistance. Another major reason might be that a defendant is already in jail and may embrace the benefits of pursuing their own case, such as access to the library.

One of the most important realizations to have if you want to represent yourself is that you will be viewed in the same respect as an experienced attorney and will be expected to comprehend the laws as well as abide by the good etiquette and decorum of the court.

Common Legal Terms

Laws and judicial systems have their own language, and if you don't understand even the most basic terminology, you may be lost and highly confused throughout a proceeding. Many of the most often used terminology in court originated from Latin. Such words as Habeas Corpus (That you have the body), Per Curiam (By the court), and Pro Se (On one’s own behalf). We've compiled a list of some of the most commonly used legal words to assist you in comprehending some of the terminology used during a trial. The following legal phrases are important to understand since they may come up in conversations with your lawyer, legal documents, or even current events.

Plea Bargain

In many cases, a case is handled outside of the courtroom and does not even go to trial. This occurs when both parties reach an agreement in a procedure known as a plea bargain. Parties agree to a plea bargain for a variety of reasons, including but not limited to the following:

By avoiding a trial, both parties save money and time.
Avoiding the possibility of a victim in a case reliving the memories of a horrible crime
The prosecution does not trust what the jury might rule on in a jury trial.
The defendant may be able to escape a heavier sentence.

The plea bargaining process is mostly confidential, and the specifics are only revealed to the public once it is announced in court. This can avoid the extensive attention that comes with trials, particularly those involving high-profile clients.

However, there are times when the plea agreement is subject to court approval, and there are times when the judge may disregard the plea bargain and proceed to trial.

Verdict

When the jury makes a decision in a dispute, it is referred to as the verdict. During a criminal trial, the jury will either find the defendant guilty or not guilty. In a civil matter, the jury will rule in favor of the plaintiff or the defense. If the jury finds in favor of the plaintiff, the defense will be accountable for compensating the plaintiff for the resulting damages.

After the jury has rendered its judgment, it is customary for either party's counsel to request that the jury be polled. During this procedure, each jury member will rise and be asked individually if they agree with the decision. Once the polling is finished, the court will accept the verdict and declare the trial over.

Oral or written evidence delivered by a witness under oath, affidavit, or deposition during a trial or other legal proceedings is referred to as testimony . During the course of the proceedings, witnesses for the defense and the plaintiff will be called to the stand. The witness is under oath while on the stand, and whatever they say is considered testimony and truth. Suppose the opposing side demonstrates through evidence and cross-examination that a witness is lying during your testimony. In that situation, they can dispute the testimony, rendering it useless and riddled with flaws.

A grand jury is made up of 16 to 23 members who hear evidence from the U.S. attorney, who serves as the prosecutor in federal criminal matters. The grand jury decides if there is "probable cause" to suspect the person committed a crime and should face prosecution. If the grand jury believes there is sufficient evidence, the defendant will be indicted.

In the United States, the grand jury serves as an investigating body and can meet for as long as a year if necessary. The grand jury's capacity to undertake its investigations is unrestricted. The grand jury may request that the court obtain further evidence, such as witness testimony and document subpoenas. Ultimately, the grand jury serves as a barrier between the government and the people.

Standard of Proof

The Standard of Proof is defined by Merriam-Webster as the amount of certainty and degree of evidence required to establish proof in a criminal or civil action. Three of the most common standards for proof are Clear and Convincing Evidence, Beyond Reasonable Doubt, and Preponderance of Evidence.

Beyond Reasonable Doubt is a standard of proof that is more directed toward criminal cases. The beyond reasonable doubt standard mandates authorities to demonstrate, by evidence, that the accused defendant is the lone person accountable for the act.

In the majority of civil cases/lawsuits and administrative hearings, the Preponderance of Evidence standard asserts that a party must show its claim or position by a preponderance, which is defined as dominance in weight, force, importance, etc. In personal injury and breach of contract disputes, a preponderance of evidence means that a party has proven that its version of the facts, causes, damages, or responsibility is more likely than not correct. Unless otherwise specified by law, this requirement is the easiest to meet because it applies to all civil cases.

When the plaintiff fulfills the burden of proof by demonstrating that their allegations have a greater than 50% chance of being true, the preponderance of evidence standard is applied. If a claim can be proven to have a higher possibility of being true than untrue, the burden of proof is met. Additionally, civil law cases are often subject to the preponderance of evidence tests.

Lastly, the Clear and Convincing Evidence standard is developed from the Preponderance of Evidence standard and requires evidence to establish that the issue at hand is very probable. This standard applies to civil proceedings and may appear in some types of criminal trials. This standard can also be used to establish that the evidence search was voluntary.

Burden of Proof

The plaintiff is the person that took the case to court; therefore, they will have the burden of proving their argument is justified. The burden of proof is frequently divided into two concepts: burden of production and burden of persuasion.

The burden of proof may include, but is not limited to, the following, depending on the jurisdiction in the United States:

Beyond reasonable doubt in criminal law.
In will disputes, there is clear and convincing proof of fraud.
Probable cause for obtaining a warrant or making an arrest.
Reasonable belief as part of establishing probable cause.
Reasonable suspicion in cases involving police stops and searches.

In a legal system, the burden of proof is critical to the result of a case. The law requires determining who is in charge of presenting evidence that supports or refutes a claim. It also outlines how much proof is necessary to achieve that goal.

What Are Some Of The Challenges of Representing Yourself?

Lack Of Knowledge - Contrary to popular belief, viewing courtroom dramas can never provide someone with the legal understanding necessary to defend a case in court efficiently. Criminal defense attorneys study the law for years in law school and continue to refine their abilities in court throughout their careers. Attorneys are trained to be extensively versed in all court processes. What you see in law dramas is merely that, a drama. The fact that even lawyers facing criminal accusations retain the assistance of other lawyers to represent them in court should emphasize this point.

Lack Of Experience - In some cases, the self-represented defendant may be more knowledgeable about their case than anybody else. While this may be true, it does not imply that you should represent yourself. Knowing your case does not indicate that you understand how the legal system operates. In the vast majority of instances, the defendant will be up against a seasoned litigator who has tried numerous cases and fully knows the trial process. Defendants representing themselves will be at a significant disadvantage in comparison to the opposing counsel, not only in terms of knowing and comprehending the large quantity of legislation but also in terms of knowing and understanding the individuals in the court. Most experienced attorneys are acquainted with judges, clerks, and bailiffs. Knowing the individuals in these positions does not guarantee success in court. It will, however, greatly assist in knowing how individuals want things to flow, what they want to hear, what they don't want to hear, what buttons not to press, and what they are lenient on. This is particularly true when it comes to the judge.

Clouded Judgment - When someone represents oneself, their judgment may be affected since they are solely concerned with themselves. For example, a defendant may ignore the evidence and fight with emotions, ultimately undermining the defense. This is why having a lawyer advocate their client's interests comes in handy because the lawyer will debate the evidence and facts of the case without bringing emotion into the equation. Furthermore, when you argue with your emotions, you may produce unneeded interruptions that upset the judge and court and eventually waste the time of the jury.

Right To Self Representation

The Sixth Amendment to the United States Constitution states that in all criminal proceedings, the accused has the right to a timely and public trial by an impartial jury of the State and district in which the offense was committed. The Supreme Court concluded in the historic Faretta v. California case in 1975 that the sixth amendment implies an independent constitutional right of self-representation that a defendant may exercise. However, one of the requirements that were set in place was that the individual seeking to self-represent oneself must waive the right to counsel willingly, voluntarily, and intelligently.

Even if you have the constitutional right to self-represent, it is never recommended. Self-representation is a risky and tough duty for someone who does not completely comprehend the intricate details of our legal system. That is why you must consult with an experienced attorney who will be able to assist you at every level of the trial.

Sovereign Citizen

If you have watched the cases of defendants defending themselves, you may have heard someone refer to themselves as sovereign citizens. The FBI describes sovereign citizens as anti-government extremists who believe that, even though they live in the United States, they are independent or "sovereign" from the country. Furthermore, sovereign citizens believe that they are not only not required to respect the laws but that they are fully immune from them. Most employ conspiracy theories or false allegations to legitimize their status as sovereign citizens.

The case of Darrell Brooks v. The State of Wisconsin is one of the most recent and well-watched trials in which the defendant claims sovereign citizen status. During the trial, Darrell Brooks heaved numerous accusations against the court and the judge's legal grounds for hearing this case, including questioning her oath of office or whether she had even taken the oath of office, requesting proof of subject matter jurisdiction , and claiming that there is no plaintiff in his case because a plaintiff must be a living and breathing human being, not an entity.

Although many courts and jurisdictions recognize the term "sovereign citizen," it has no definite significance in our legal system. As in the Darrell Brooks case, Judge Durrow recognized the accusations, took notes, and proceeded with the trial. Even though the sovereign citizen movement has grown in popularity in our legal system, it never works because it lacks legal foundations. So claiming to be a sovereign citizen is not the greatest idea since it will not in any way benefit you in your trial.

Why You Should Hire An Attorney

It is always a good idea to hire a lawyer whether you are representing yourself in civil court or representing yourself in criminal court. Court processes may be intimidating, time-consuming, and even confusing at times. Furthermore, if you are representing yourself, you might gravely jeopardize your case if you fail to file crucial documents on time or if you file the wrong document entirely.

Having a lawyer on your side may help you gather evidence for your defense, exchange information through the discovery process, negotiate plea bargains, and settle a dispute before it goes to trial. Seasoned attorneys also have access to a large network of specialists who can comb through the material and uncover flaws that can help you and your attorney contest the evidence in your case.

Furthermore, without the necessary legal knowledge, you may be unable to discern if critical evidence against you was obtained unlawfully or whether a witness' testimony contradicts previous statements. And, at each point during the investigation, was the evidence handled appropriately by the crime lab? Your lawyer will be aware of these developments and may be able to have the evidence suppressed.

While it is lawful for anybody not to employ an attorney, each circumstance is unique, and court processes are quite fluid. In some cases, failing to hire an attorney can result in broken agreements, lost claims, or even prison time. That is why it is critical that you employ a seasoned and well-educated attorney to assist you in seeking the justice you deserve.

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Glossary of Legal Terms

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.

A judge in the full-time service of the court. Compare to senior judge.

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.

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

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.

A written or printed statement made under oath.

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.

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.

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.

Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.

The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

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. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

The party who appeals a district court's decision, usually seeking reversal of that decision.

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

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.

A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.

Property of all kinds, including real and personal, tangible and intangible.

An agreement to continue performing duties under a contract or lease.

An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

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. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.

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).

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.

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

The bankruptcy judges in regular active service in each district; a unit of the district court.

All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

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.

A trial without a jury, in which the judge serves as the fact-finder.

A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)

A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

A crime punishable by death.

A complete collection of every document filed in court in a case.

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

The number of cases handled by a judge or a court.

A legal claim.

The offices of a judge and his or her staff.

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.

The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

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.

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

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.

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority

A creditor's assertion of a right to payment from a debtor or the debtor's property.

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.

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.

Property that is promised as security for the satisfaction of a debt.

The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Approval of a plan of reorganization by a bankruptcy judge.

Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Debts incurred for personal, as opposed to business, needs.

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.

An agreement between two or more people that creates an obligation to do or not to do a particular thing.

A judgment of guilt against a criminal defendant.

Legal advice; a term also used to refer to the lawyers in a case.

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.

Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

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.

A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

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).

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

Latin, meaning "in law." Something that exists by operation of law.

Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

A person who has filed a petition for relief under the Bankruptcy Code.

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

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.

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.

An individual (or business) against whom a lawsuit is filed.

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

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.

Procedures used to obtain disclosure of evidence before trial.

Court action that prevents an identical lawsuit from being filed later.

Court action that allows the later filing.

Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

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.

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.)

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.

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Evidence indicating that a defendant did not commit the crime.

Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the 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.

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

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.

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.

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.

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

A serious crime, usually punishable by at least one year in prison.

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

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.

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.)

A body of 16-23 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.

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.

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

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.

1. 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;" 2. 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.

Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

"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.

Evidence indicating that a defendant did commit the crime.

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. See also information.

A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

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.

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.

Any relative of the debtor or of a general partner of the debtor; partnership in which the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.

A form of discovery consisting of written questions to be answered in writing and under oath.

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

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.)

One bankruptcy petition filed by a husband and wife together.

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.

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

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.

The study of law and the structure of the legal system

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.

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.

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.

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.

A creditor's claim for a fixed amount of money.

The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

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.

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 the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

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.

An offense punishable by one year of imprisonment or less. See also felony.

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.

Not subject to a court ruling because the controversy has not actually arisen, or has ended

A request by a litigant to a judge for a decision on an issue relating to the case.

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.

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.

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

Property of a debtor that can be liquidated to satisfy claims of creditors.

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.

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.

A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

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.

Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.

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.

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.

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.

A business not authorized to practice law that prepares bankruptcy petitions.

A federal misdemeanor punishable by six months or less in prison.

A person or business that files a formal complaint with the court.

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.

Written statements filed with the court that describe a party's legal or factual assertions about the case.

A transfer of the debtor's property made after the commencement of the case.

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.)

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.

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.

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.

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.

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.

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.

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.

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."

Representing oneself. Serving as one's own lawyer.

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.

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.

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

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.)

All legal or equitable interests of the debtor in property as of the commencement of the case.

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

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.

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

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.

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.

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

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.)

A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

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.

The punishment ordered by a court for a defendant convicted of a crime.

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.

The delivery of writs or summonses to the appropriate party.

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.S. trustee than other chapter 11 debtors. 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." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.

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.

A law passed by a legislature.

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." Often refers to a court taking an action in a case without being asked to do so by either side.

The act or process by which a person's rights or claims are ranked below those of others.

A command, issued under a court's authority, to a witness to appear and give testimony.

A command to a witness to appear and produce documents.

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.

Evidence presented orally by witnesses during trials or before grand juries.

See statute of limitations.

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

Any mode or means by which a debtor disposes of or parts with his/her property.

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.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. 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.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

An officer of the U.S. 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.

A debt secured by property that is worth less than the amount of the debt.

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 claim for which a specific value has not been determined.

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 appellate court agrees with the lower court decision and allows it to stand. See affirmed.

The geographic area in which a court has jurisdiction. 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 transfer of a debtor's property with the debtor's consent.

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.

A person called upon by either side in a lawsuit to give testimony before the court or jury.

A written court order directing a person to take, or refrain from taking, a certain act.

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

Look up a word, learn it forever.

Representation.

Other forms: representations

A representation acts or serves on behalf or in place of something. A lawyer provides legal representation for his client. A caricature is an exaggerated representation or likeness of a person.

Representation comes from the Latin repraesentare meaning "bring before, exhibit." A representation is an exhibit, whether it comes in the form of legal guidance or in the form of artistic expression. The act of representation has to do with replacing or acting on behalf of an original. Elected officials serve as the representation for their constituency — or at least it's supposed to work that way.

noun the act of representing; standing in for someone or some group and speaking with authority in their behalf see more see less types: proportional representation representation of all parties in proportion to their popular vote type of: cooperation joint operation or action
noun a presentation to the mind in the form of an idea or image synonyms: internal representation , mental representation see more see less types: show 44 types... hide 44 types... convergence , intersection , overlap a representation of common ground between theories or phenomena instantiation a representation of an idea in the form of an instance of it antitype a person or thing represented or foreshadowed by a type or symbol; especially a figure in the Old Testament having a counterpart in the New Testament stereotype a conventional or formulaic conception or image schema , scheme an internal representation of the world; an organization of concepts and actions that can be revised by new information about the world image , mental image an iconic mental representation interpretation , reading , version a mental representation of the meaning or significance of something phantasmagoria a constantly changing medley of real or imagined images (as in a dream) psychosexuality the mental representation of sexual activities percept , perception , perceptual experience the representation of what is perceived; basic component in the formation of a concept memory something that is remembered example , model a representative form or pattern appearance a mental representation blur , fuzz a hazy or indistinct representation abstractionism , unrealism a representation having no reference to concrete objects or specific examples concrete representation , concretism a representation of an abstract idea in concrete terms reminiscence a mental impression retained and recalled from the past crossroads a point where a choice must be made interface the overlap where two theories or phenomena affect each other or have links with each other imagination image , thought-image a mental image produced by the imagination reinterpretation a new or different meaning figure a unitary percept having structure and coherence that is the object of attention and that stands out against a ground ground a relatively homogeneous percept extending back of the figure on which attention is focused visual image , visual percept a percept that arises from the eyes; an image in the visual system recollection something recalled to the mind engram , memory trace a postulated biochemical change (presumably in neural tissue) that represents a memory confabulation (psychiatry) a plausible but imagined memory that fills in gaps in what is remembered screen memory an imagined memory of a childhood experience; hides another memory of distressing significance memory image a mental image of something previously experienced visual image , visualisation , visualization a mental image that is similar to a visual perception impression , mental picture , picture a clear and telling mental image auditory image a mental image that is similar to an auditory perception loadstar , lodestar something that serves as a model or guide epitome , image , paradigm , prototype a standard or typical example holotype , type specimen the original specimen from which the description of a new species is made microcosm a miniature model of something archetype , original , pilot something that serves as a model or a basis for making copies guide , template , templet a model or standard for making comparisons prefiguration an example that prefigures or foreshadows what is to come illusion , semblance an erroneous mental representation 3-D , 3D , three-D having a three-dimensional form or appearance front the outward appearance of a person embodiment , shape a concrete representation of an otherwise nebulous concept anagoge a mystical or allegorical interpretation (especially of Scripture) type of: cognitive content , content , mental object the sum or range of what has been perceived, discovered, or learned
noun an activity that stands as an equivalent of something or results in an equivalent see more see less types: show 14 types... hide 14 types... model , modeling , modelling the act of representing something (usually on a smaller scale) dramatisation , dramatization a dramatic representation pageant , pageantry an elaborate representation of scenes from history, etc.; usually involves a parade with rich costumes figuration representing figuratively as by emblem or allegory diagramming , schematisation , schematization providing a chart or outline of a system pictorial representation , picturing visual representation as by photography or painting typification the act of representing by a type or symbol; the action of typifying simulation the act of imitating the behavior of some situation or some process by means of something suitably analogous (especially for the purpose of study or personnel training) guerrilla theater , street theater dramatization of a social issue; enacted outside in a park or on the street puppetry a stilted dramatic performance (as if by puppets) symbolising , symbolizing the act of representing something with a symbol delineation , depiction , portrayal representation by drawing or painting etc imaging , tomography (medicine) obtaining pictures of the interior of the body photography , picture taking the act of taking and printing photographs type of: activity any specific behavior
noun a creation that is a visual or tangible rendering of someone or something see more see less types: show 120 types... hide 120 types... adumbration a sketchy or imperfect or faint representation audiogram a graphical representation of a person's auditory sensitivity to sound copy a thing made to be similar or identical to another thing cosmography a representation of the earth or the heavens creche a representation of Christ's nativity in the stable at Bethlehem cutaway , cutaway drawing , cutaway model a representation (drawing or model) of something in which the outside is omitted to reveal the inner parts display , presentation a visual representation of something document anything serving as a representation of a person's thinking by means of symbolic marks drawing a representation of forms or objects on a surface by means of lines ecce homo a representation (a picture or sculpture) of Jesus wearing a crown of thorns effigy , image , simulacrum a representation of a person (especially in the form of sculpture) illustration a visual representation (a picture or diagram) that is used make some subject more pleasing or easier to understand map a diagrammatic representation of the earth's surface (or part of it) model , simulation a representation of something (sometimes on a smaller scale) nomogram , nomograph a graphic representation of numerical relations objectification a concrete representation of an abstract idea or principle exposure , photo , photograph , pic , picture a representation of a person or scene in the form of a print or transparent slide; recorded by a camera on light-sensitive material icon , ikon , image , picture a visual representation (of an object or scene or person or abstraction) produced on a surface pieta a representation of the Virgin Mary mourning over the dead body of Jesus projection the representation of a figure or solid on a plane as it would look from a particular direction rubbing representation consisting of a copy (as of an engraving) made by laying paper over something and rubbing it with charcoal shade a representation of the effect of shadows in a picture or drawing (as by shading or darker pigment) set , stage set representation consisting of the scenery and other properties used to identify the location of a dramatic production Station of the Cross a representation of any of the 14 stages in Christ's journey to Calvary avatar an electronic image representing a computer user anamorphism , anamorphosis a distorted projection or perspective; especially an image distorted in such a way that it becomes visible only when viewed in a special manner beefcake a photograph of a muscular man in minimal attire bitmap , electronic image an image represented as a two dimensional array of brightness values for pixels black and white , monochrome a black-and-white photograph or slide blueprint photographic print of plans or technical drawings etc. carbon , carbon copy a copy made with carbon paper cast , casting object formed by a mold charcoal a drawing made with a stick of black carbon material chart a map designed to assist navigation by air or sea cheesecake a photograph of an attractive woman in minimal attire chiaroscuro a monochrome picture made by using several different shades of the same color choropleth map a map that uses graded differences in shading or color or the placing of symbols inside defined areas on the map in order to indicate the average values of some property or quantity in those areas closeup a photograph or video taken at close range collage , montage a paste-up made by sticking together pieces of paper or photographs to form an artistic image contour map , relief map a map having contour lines through points of equal elevation daguerreotype a photograph made by an early photographic process; the image was produced on a silver plate sensitized to iodine and developed in mercury vapor delineation , depiction , limning , line drawing a drawing of the outlines of forms or objects diagram a drawing intended to explain how something works; a drawing showing the relation between the parts duplicate , duplication a copy that corresponds to an original exactly blowup , enlargement , magnification a photographic print that has been enlarged autotype , facsimile an exact copy or reproduction figure a model of a bodily form (especially of a person) float an elaborate display mounted on a platform carried by a truck (or pulled by a truck) in a procession or parade foil , transparency picture consisting of a positive photograph or drawing on a transparent base; viewed with a projector frame a single one of a series of still transparent pictures forming a cinema, television or video film globe a sphere on which a map (especially of the earth) is represented glossy a photograph that is printed on smooth shiny paper computer graphic , graphic an image that is generated by a computer Guy an effigy of Guy Fawkes that is burned on a bonfire on Guy Fawkes Day headshot a photograph of a person's head hologram , holograph the intermediate photograph (or photographic record) that contains information for reproducing a three-dimensional image by holography iconography the images and symbolic representations that are traditionally associated with a person or a subject god , graven image , idol a material effigy that is worshipped imitation something copied or derived from an original inset a small picture inserted within the bounds or a larger one clone , knockoff an unauthorized copy or imitation likeness , semblance picture consisting of a graphic image of a person or thing longshot a photograph taken from a distance map projection a projection of the globe onto a flat map using a grid of lines of latitude and longitude mechanical drawing scale drawing of a machine or architectural plan etc, microdot photograph reduced to the size of a dot (usually for purposes of security) miniature , toy a copy that reproduces a person or thing in greatly reduced size mock-up full-scale working model of something built for study or testing or display modification slightly modified copy; not an exact copy arial mosaic , mosaic , photomosaic arrangement of aerial photographs forming a composite picture mug shot , mugshot a photograph of someone's face (especially one made for police records) cyclorama , diorama , panorama a picture (or series of pictures) representing a continuous scene pen-and-ink a drawing executed with pen and ink photocopy a photographic copy of written or printed or graphic work photographic print , print a printed picture produced from a photographic negative photomicrograph a photograph taken with the help of a microscope architectural plan , plan scale drawing of a structure planetarium an apparatus or model for representing the solar systems plat a map showing planned or actual features of an area (streets and building lots etc.) plate a full-page illustration (usually on slick paper) print a copy of a movie on film (especially a particular version of it) quadruplicate any four copies; any of four things that correspond to one another exactly radiogram , radiograph , shadowgraph , skiagram , skiagraph a photographic image produced on a radiosensitive surface by radiation other than visible light (especially by X-rays or gamma rays) restoration a model that represents the landscape of a former geological age or that represents and extinct animal etc. reflection , reflexion the image of something as reflected by a mirror (or other reflective material) rendering perspective drawing of an architect's design replica , replication , reproduction copy that is not the original; something that has been copied road map a map showing roads (for automobile travel) roughcast a rough preliminary model CAT scan , scan an image produced by scanning bird-scarer , scarecrow , scarer , straw man , strawman an effigy in the shape of a man to frighten birds away from seeds scene , scenery the painted structures of a stage set that are intended to suggest a particular locale doodle , scrabble , scribble an aimless drawing silhouette a drawing of the outline of an object; filled in with some uniform color silverpoint a drawing made on specially prepared paper with an instrument having a silver tip (15th and 16th centuries) sketch , study preliminary drawing for later elaboration sketch map a map drawn from observation (rather than from exact measurements) and representing the main features of an area shot , snap , snapshot an informal photograph; usually made with a small hand-held camera Snellen chart display consisting of a printed card with letters and numbers in lines of decreasing size; used to test visual acuity echogram , sonogram an image of a structure that is produced by ultrasonography (reflections of high-frequency sound waves); used to observe fetal growth or to study bodily organs spectacle an elaborate and remarkable display on a lavish scale spectrogram , spectrograph a photographic record of a spectrum stereo , stereoscopic photograph , stereoscopic picture two photographs taken from slightly different angles that appear three-dimensional when viewed together stick figure drawing of a human or animal that represents the head by a circle and the rest of the body by straight lines still a static photograph (especially one taken from a movie and used for advertising purposes) telephoto , telephotograph a photograph made with a telephoto lens telephotograph a photograph transmitted and reproduced over a distance time exposure a photograph produced with a relatively long exposure time trace , tracing a drawing created by superimposing a semitransparent sheet of paper on the original image and copying on it the lines of the original image triplicate one of three copies; any of three things that correspond to one another exactly vignette a photograph whose edges shade off gradually wax figure , waxwork an effigy (usually of a famous person) made of wax weather chart , weather map (meteorology) a map showing the principal meteorological elements at a given time and over an extended region wedding picture photographs of bride and groom and their friends taken at their wedding xerox , xerox copy a copy made by a xerographic printer scene , shot a consecutive series of pictures that constitutes a unit of action in a film letter , missive a written message addressed to a person or organization diorama a three-dimensional representation of a scene, in miniature or life-size, with figures and objects set against a background selfie a photograph that you take of yourself, typically with a digital camera pastel a drawing made with pastel sticks type of: creation an artifact that has been brought into existence by someone
noun a performance of a play synonyms: histrionics , theatrical , theatrical performance see more see less types: matinee a theatrical performance held during the daytime (especially in the afternoon) type of: performance , public presentation a dramatic or musical entertainment
noun a factual statement made by one party in order to induce another party to enter into a contract “the sales contract contains several representations by the vendor” see more see less type of: statement a message that is stated or declared; a communication (oral or written) setting forth particulars or facts etc
noun a statement of facts and reasons made in appealing or protesting “certain representations were made concerning police brutality” see more see less type of: statement a message that is stated or declared; a communication (oral or written) setting forth particulars or facts etc
noun the state of serving as an official and authorized delegate or agent synonyms: agency , delegacy see more see less types: free agency (sports) the state of a professional athlete who is free to negotiate a contract to play for any team legal representation personal representation that has legal status virus a harmful or corrupting agency type of: state the way something is with respect to its main attributes
noun the right of being represented by delegates who have a voice in some legislative body see more see less type of: right an abstract idea of that which is due to a person or governmental body by law or tradition or nature
noun a body of legislators that serve in behalf of some constituency “a Congressional vacancy occurred in the representation from California” see more see less type of: body a group of persons associated by some common tie or occupation and regarded as an entity

Vocabulary lists containing representation

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Advantages and Disadvantages of Pro Se Crimin...

Advantages and Disadvantages of Pro Se Criminal Representation

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What Are the Pros and Cons of Pro Se Representation in a Criminal Matter?

After being charged with a crime , a person must participate in several court proceedings to resolve the matter. These may include a trial in which a jury or a judge determines whether the person is guilty or innocent of the crime charged. One of the first things a person charged with a crime should determine is their court representation strategy. Will they hire a private attorney at their own expense, ask for a public defender paid by the government, or represent themselves?

If a criminal defendant chooses to represent themselves in court, this is called pro se representation. Instead of relying on a lawyer for representation and legal advice, a pro se defendant must research and argue their own case in front of the judge and the jury. They must appear alone before a judge at pre-trial hearings and at their sentencing hearing if there is one.

Most lawyers and judges would agree that pro se representation is rarely, if ever, the best decision for a defendant facing a criminal charge. Most people lack the skill and experience to put forward the best defense.

When a defendant has self-representation , they often find they get convicted of the crime charged. If they had had a professional lawyer, their lawyer could have helped them win a not-guilty verdict at trial or a better deal through a plea negotiation.

On the other hand, the right to pro se representation is guaranteed by the U.S. Constitution. The Sixth Amendment to the U.S. Constitution has been interpreted as guaranteeing to criminal defendants the right to be represented by counsel, and also a right to proceed without a lawyer if the defendant voluntarily and intelligently chooses to represent themselves. So, if the defendant chooses to represent themselves in a criminal trial, the court must honor that decision.

How Does a Defendant Make Pro Se Representation Effective?

What are the advantages of pro se representation, what are the disadvantages of pro se representation, should i contact an attorney for help with pro se matters.

If a defendant chooses to represent themselves, they need to take the following steps:

Tell the court that they wish to proceed with pro se representation;
Establish competency to stand trial . criminal defendants who lack competency cannot represent themselves;
File the appropriate court paperwork; and
Meet all court deadlines and case requirements.

Keep in mind that these requirements may be different in different states and in different courts. Additionally, some judges may allow or require a pro se defendant to work with a “standby attorney.” This provides a pro se defendant with a lawyer who is there to help if they need one to step in during a proceeding to help with procedure or arguments.

Many judges prefer this type of representation because it allows a defendant to assert their right to be pro se while still having traditional representation available if things get out of hand.

While the disadvantages to pro se representation carry more weight in most instances, there may be some advantages depending on the defendant’s situation. These may include:

Familiarity : Most criminal defendants who choose to go pro se base their decision on a lack of trust in the judicial system. These defendants may believe that they know their cases best and are, therefore, in the best position to provide the best defense;
Lower Costs: Another common reason a defendant might choose pro se representation is the cost of hiring an attorney. If the defendant does not qualify for a public defender and has to pay for their lawyer, they may want to save themselves the expense of hiring a private attorney. However, even though pro se representation saves money, it also provides a much lower chance of getting the best possible result in their case. Think of the expression, “penny wise and pound foolish;”;
Strategy Decisions: Having pro se representation means the defendant calls the shots in their defense. This eliminates strategy disagreements between an attorney and client and the defendant feeling pressured to proceed with their case in a certain way. However, pro se defendants must still learn and follow the court’s rules. In addition, if a defendant has a dispute with their lawyer, their lawyer may be willing to go with the defendant’s wishes. It is their case in the end;
Legal Experience: If the defendant is an attorney or has work experience in a legal setting, they may already be familiar with the judicial system and equipped with the tools needed to defend their case effectively.

Overall, pro se defendants have a lesser chance of winning their case than if an attorney represented them. Before making a representation decision, criminal defendants should consider the following disadvantages of proceeding in a pro se fashion:

For example, if a case goes to trial, the defendant must know how to cross-examine a hostile witness. This is a skill that the best trial attorneys study and practice to do well.
In addition, a case may require that certain pre-trial motions be filed, such as motions to suppress evidence . A defendant may not be at all familiar with this type of technicality and may miss opportunities to make important moves that can improve their position in a case. A defendant may know their case, but a lawyer knows the law, legal strategy, and skills;
Inferior Argument Skills: Although a defendant might have some knowledge of the law, knowledge alone is not enough to win a case and persuade the judge or jury that they are not guilty. Again, the average person usually finds it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate these situations;
Bias: Pro se defendants will generally have inherent bias because they cannot look at the case from the other party’s position. On the other hand, lawyers are trained to think this way to determine the best case strategy and arguments. Even defendants with legal experience may have trouble getting rid of their bias when representing themselves. It may also be challenging for defendants because they are emotionally involved in their case in a way that a lawyer is not. Emotions can get in the way of rational thinking;
Delays: Since many pro se defendants are unfamiliar with court rules and procedures, this may cause delays in bringing the case to a conclusion. It can also result in sanctions against the defendant.

As mentioned, deciding to proceed as a pro se defendant will almost always be more risky than working with an attorney. At the very least, you may wish to request an initial consultation with a criminal attorney or meet with a public defender to determine what type of representation best suits your situation.

You should not take any chances if you are unsure about your abilities. A criminal record is a serious business with important consequences for a person’s life, and it pays not to gamble with a criminal charge.

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Motion for Change of Venue in a Criminal Trial
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Filing a Pretrial Motion to Dismiss
Extradition Laws and Process
Self-Representation in Criminal Court Case
Mental Competency to Stand Trial
Making People Competent for Trial by Medication
What You Need to Know About Criminal Trials
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Right of Accused to Confront Witnesses
Bail Hearings
Weapons in a Court Facility
Criminal Discovery Lawyers
The Trial Phase of a Criminal Case
Pre-trial Stages of a Criminal Case
Suppression of Evidence Laws
Subpoena to Testify
Right to a Speedy Trial in Criminal Cases
Right to an Appeal
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Pretrial Motion Definition
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COMMENTS

representation Definition, Meaning & Usage
representation. Definitions of "representation". The act of standing on behalf of or symbolizing someone or something else. Making a statement or providing an account with the intention of influencing views or actions. A factual statement that forms a basis for entering into a contract. The action of presenting or portraying someone or something.
representation
In legal documents, the term "representation" refers to the act of one party speaking or acting on behalf of another party. This means that the representative is authorized to make decisions, take actions, or provide information on behalf of the person or entity they are representing. Representation can take many forms, such as a lawyer ...
Representation legal definition of representation
representation. 1 a statement of fact. A representation should be distinguished from a statement of opinion for many legal purposes, especially in relation to contractual obligations. 2 in the law of succession, the concept by which issue of predeceasing issue of the deceased are entitled to take their deceased ancestor's share.
Legal Representative
The legal representative definition in the U.S. system of law is a person who is an expert ... There are many types of legal representation that clients can choose to represent them in the court ...
REPRESENTATION Definition & Legal Meaning
The name of a plea or statement presented to a lord ordinary of the court of session, when his judgment is brought under review. Find the legal definition of REPRESENTATION from Black's Law Dictionary, 2nd Edition. In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in ...
The Right to Adequate Representation
The right to the effective assistance of counsel is important for several reasons. First, it provides a legal professional to advocate for the defendant with zeal. Second, it legitimizes the adversarial court system by producing more just case results. The Sixth Amendment to the U.S. Constitution guarantees numerous rights to criminal defendants.
Representation
Representation. representation n. 1: one that represents: as a: a statement or account made to influence opinion or action compare warranty b: an incidental or collateral statement of fact on the faith of which a contract is entered into [the contract of sale contains a by the purchaser " U.S. Code "] ;specif: a statement of fact made by an ...
In the Courtroom: Who Does What?
Witnesses who parties call to testify in the case. Attorneys for the parties (e.g., the plaintiffs and defendants) and witnesses. Judge. Jurors. Court staff (e.g., the court reporter, the clerk, the bailiff, etc.) Each person in the courtroom has a different role. The following sections describe these different roles and what you can expect if ...
How to Represent Yourself in Civil Court Cases
The right to self-representation, or "pro-se", refers to the right to represent yourself in court, meaning without the assistance of an attorney. Although this "right" only extends to criminal defendants under the Sixth Amendment to the U.S. Constitution, many civil courts have discretion to allow civil litigants to appear pro-se.
Legal Definition of representation
In the complex landscape of legal representation, various entities and individuals provide services to litigants in courts. To comprehend this intricate web, it's essential to categorize these services into four distinct tiers: The Practice of Law, Law Related Services, Related Non-Legal Services, and Service Providers with Applicable Services ...
Legal Representation
LEGAL REPRESENTATION. The legal work that a licensed attorney performs on behalf of a client. Licensed attorneys have the authority to represent persons in court proceedings and in other legal matters. When hiring an attorney, a careful consumer considers a number of variables, including the nature and importance of the case, the attorney's fee ...
What does Representation mean ?
This page was useful. Definition of Representation. noun - Acting on behalf of someone else (such as a solicitor acting for a client); taking someone else's place (such as when a court gives an executor the right to deal with a dead person's affairs); or a statement in a contract.
Pro Se
Definition of Pro Se. Noun. To represent oneself in a legal proceeding. Origin. First known use in law 1861 Latin: on one's own behalf Pro se Representation. Pro se representation refers to a situation in which a person decides not to be represented by an attorney in a civil or criminal court case. The right of an individual to choose pro se representation dates back to pre-Constitutional ...
Understanding the Constitutional Right to Legal Representation in the
Welcome to this informative article on understanding the Constitutional right to legal representation in the United States. In an effort to provide you with a comprehensive understanding of this important topic, it is crucial to emphasize that the information presented here should always be cross-referenced with other reliable sources or legal professionals to ensure accuracy and applicability ...
What to Expect When Representing Yourself in Court
Self-representation in court without the assistance of a lawyer is not an uncommon practice. According to the Self-Represented Litigation Network, three out of every five people who file civil cases represent themselves in court. While criminal defendants are legally entitled to have a lawyer argue their case, some defendants also choose to represent themselves in court.
Pro se legal representation in the United States
Pro se legal representation ( / ˌproʊ ˈsiː / or / ˌproʊ ˈseɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney . The term pro se comes from Latin pro se, meaning "for oneself" or "on behalf ...
What Are The Pros and Cons Of Representing Yourself In Court?
Defendants representing themselves will be at a significant disadvantage in comparison to the opposing counsel, not only in terms of knowing and comprehending the large quantity of legislation but also in terms of knowing and understanding the individuals in the court. Most experienced attorneys are acquainted with judges, clerks, and bailiffs.
Glossary of Legal Terms
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. ... (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is ...
Legal Representation legal definition of Legal Representation
Legal Representation. The legal work that a licensed attorney performs on behalf of a client. Licensed attorneys have the authority to represent persons in court proceedings and in other legal matters. When hiring an attorney, a careful consumer considers a number of variables, including the nature and importance of the case, the attorney's fee ...
Understanding Your Right to Legal Representation in Court
Having legal representation empowers individuals by providing them with guidance, support, and advocacy throughout the entire legal process. Attorneys can help navigate the intricacies of the legal system, advise on potential strategies, negotiate plea bargains, cross-examine witnesses, and present evidence in court.
PDF Why Does Representation Matter? The Impact of Legal Representation in
ut representation.15Representation increases the likelihoodof release from detentionFor many people, re. ease from detention while their case is ongoing can be as critical as the case outcome. Release from detention allows people to return to their families, work in their communities while their case is pendin.
Representation
A representation acts or serves on behalf or in place of something. A lawyer provides legal representation for his client. A caricature is an exaggerated representation or likeness of a person.
Advantages and Disadvantages of Pro Se Criminal Representation
Before making a representation decision, criminal defendants should consider the following disadvantages of proceeding in a pro se fashion: Lack of Knowledge and Experience: The greatest disadvantage of pro se representation is that most defendants are not adequately educated in the law to represent themselves.