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The Grant Building
Suite 222
44 Broad Street N.W.
Atlanta, GA 30303
Phone (404) 524-9111
Toll Free (877) 524-9111
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GlossaryThese are simple definitions of some of the legal terms used throughout this web site. Act of Bad Faith: An action or inaction that is intentionally injurious to another, without legal support and is not the result of mistake, fraud, or ambiguity of the other party. Agent: A person to whom you have given the power of attorney to act on your behalf. Appeal: A motion to a higher court to reverse the decision of a lower courts. Appeals are usually based on an error in the application of the law, an inefficiency of counsel, a mistake in process, or an instruction given by the judge unfairly prejudices the petitioner. An appeal generally will not involve arguing over the merits or facts of the case. Arbitration: The process of resolving disputes between people or groups by referring them to a third party. Arbitration may be mandated by law or done by agreement by the parties. The third party makes the judgment. Asset: Personal property to which a monetary value can be assigned. Beneficiary: A person who is entitled by a will, trust, or insurance policy to receive money or property. Benefits law: The laws regulating the provision and distribution of healthcare insurance, retirement, and other advantages of employment apart from salary. Brief: A legal argument made in writing and submitted to a court. Charitable Foundation: A non-profit organization that provides funds for beneficial purposes. Circuit Court: The first level appellate federal courts, grouped geographically. Civil procedures: The enforcement of laws that apply to the rights of private citizens. COBRA: The Consolidated Omnibus Budget Reconciliation Act (COBRA) requiring employers to allow employees to continue their health insurance coverage after termination, in the same insurance group, at the same group rate, and providing the same benefits. COBRA benefits are paid for by the employee. Contingency: Guidelines concerning an event that may arise in the future, will need to be dealt with and therefore must be prepared for. Contract: A formal or legally binding agreement, such as one for the sale of something, or one setting out terms of employment. Counsel: A lawyer or group of lawyers who conduct cases in court or give legal advice. Also advice provided by someone. Court: A session of an official body that has authority to try criminals, resolve civil disputes, or make other legal decisions. Deportation: The forcible expulsion of a foreign national from the US. Also called removal. Disproportionality: A forfeiture of property that is unequal to the offense committed — generally much more than that which would be appropriate for the offense, but it can denote a penalty which is much less than would normally be considered appropriate.District Court: The lowest level federal court, where legal issues of fact are determined. Due diligence: A good-faith effort to comply with a contract or agreement and discover defects. Employment law: The Federal and State laws which regulate the ways in which employers must treat employees. Employment visa: Any one of a number of visas which allow foreign nationals to work in the US under specified circumstances. ERISA preemption: The determination of whether federal or state law regulates an employee benefit plan. Usually it is a federal law. ERISA: The Employment Retirement Income Security Act, passed by Congress in 1974. ERISA governs areas such as retirement, disability, healthcare, welfare and other employment related benefits. Estate law: The laws concerning wills, trust agreements, probate, and intestacy. Estate Planning: The arrangements you make during your life time about distributing your assets after your death. Estate Tax: Federal taxes that apply to an estate valued at least $2,000,000 in 2007. Under the Economic Growth and Tax Relief Reconciliation Act of 2001, the estate tax applies to estates of at least $3,500,000 in 2008 and 2009. The estate tax is zero in 2010 for estates of all sizes, then beginning in 2011 applies to estates valued at $1,000,000 or more. Estate: All personal and real property, (including cash, stocks, bonds, real estate, retirement benefits, vehicles, jewelry, and other personal assets) owned at death and all debts and financial obligations owed at the time of death. Examinations Under Oath: An examination concerning a case conducted by one or more lawyers under oath, often referred to as depositions in a civil case. Anything you say may be used as evidence, and you have the right to have your lawyer present. Executor: A person named in a will to carry out the instructions contained in the will. Federal appeals system: The procedure for the review of lower federal court decisions. Federal court system: The system of adjudication authorized by the US Constitution and established by Congress, as distinct from individual state court systems. Forfeiture: Something that has been taken away or has had to be given up as a penalty for breaking a law or contract. Forum: A law court. Fraud: Deliberate deception that induces detrimental reliance. Habeas Corpus: Latin for a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Habeas corpus is a basic individual right against arbitrary arrest and imprisonment. Hostile environment: A work environment in which there is frequent, severe conduct that a person or group of persons find so threatening or humiliating that it alters the terms and conditions of employment. Immigrant: A foreign national who has been authorized to live and work in the US on a permanent basis. Immigration law: The laws governing the travel, residency and working rights of foreign nationals in the U.S. Immigration petition: A request by a foreign national for a temporary or permanent visa. Immigration Reform and Control Act: A law passed to control unauthorized immigration to the United States. Inheritance Tax: Tax owed by a person’s beneficiaries. Inheritance: Money or property that passes from one person, after his or her death, to another through a will. Interim: A temporary measure which exists until something more permanent can be established. International law: Private international law regulates relationships between entities of one country and entities of another country, such as business transactions and employment issues. Public international law governs the relationships between nation states. Intestate Succession Law: The laws guiding the distribution of a person’s estate should that person die without a will. Inviolate: Not subject to change. Labor certification: A federal Department of Labor document demonstrating the need for a particular type of labor. It enables a US company to hire a foreign worker. Limited Liability Company: A legal entity that allows shareholder operation of a company, while limiting the individual liability in the event of litigation. Often abbreviated LLC. Litigate: To be involved in a lawsuit. Litigation: The process of initiating or contesting a lawsuit. Living Trust: A trust into which you place some or all of your assets during your lifetime. Living will: A document in which you state what medical treatment you want offered and what you want withheld when you are near death or unable to speak for yourself. Merit System: The system of high conduct and character required of covered federal employees. The system also provides an orderly procedure for the resolution of disputes. Multiemployer Pension Plan Amendments Act: A 1980 law that strengthens pension protection for multiemployer programs. It imposes financial penalties on any employer that ceases to contribute while a plan is underfunded. The law usually applies to union-sponsored plans. Negligence: A civil wrong resulting in injury or harm to another person or to property as the result of doing something or failing to provide a proper or reasonable duty of care. Non-immigrant petition: Request for a temporary visa for an immigrant by a US citizen or business. Permanent residency status: Acquisition of a green card, which allows the recipient to live in the U.S. permanently. Personal injury: An injury to an individual person caused by negligence, carelessness, or intent that is grounds for a lawsuit. Personal property: The tangible objects belonging to an individual, including vehicles, money, jewelry, and personal objects. Power of attorney: A document that authorizes someone else to act on behalf of and as an agent for you. Principal: The initial sum of money invested before interest or other revenue is added. Probate: The legal process which governs the filing of a will and the transfer of estate assets after someone dies. Property: All tangible and intangible assets which belong to a party, such as cash, stocks, bonds, real estate, life insurance, pension or retirement benefits, annuities, vehicles, jewelry and other personal assets. Prosecute: To pursue legal action against someone in a court of law. Protected Classes: Federal law affords many distinct classes of people special legal protections to ensure fair business environments for all. These may include, but are not restricted to, race, color, creed, national origin, gender, religion, disability, veteran or armed forces status, whistleblower status and others. Reduction in Force: A layoff or downsizing. Commonly abbreviated RIF. Resident Alien: A foreign national with permanent resident status. Seizure: The official or legal taking of property. Settlement: An agreement reached without completing a legal proceeding, usually after negotiations. Severance: Compensation paid to a discharged employee, usually on the basis of length of service. An employment contract or agreement may specify severance, or it may be paid at the discretion of the employer. Statutory: Regulated or imposed by a legislatively established rule or law. Temporary visa: A visa that enables a stay for a fixed time period for tourist, business or educational purposes. Trial: A formal examination before a court of law of the facts and law in a civil or criminal matter. Trust: A trust is a legal entity which holds property for the benefit of another party or parties. It has the ability to own an asset, such as real estate, stock, or cash. It can be sued, and the trustees held liable. Trustee: A person or persons appointed to oversee the management and distribution of assets held in a trust. U.S. Citizen: A native-born or naturalized person owing allegiance to the US. A U.S. citizen is entitled to the full protection of the laws of the United States. U.S. Supreme Court: The highest federal court. The U.S. Supreme Court considers appeals cases dealing solely with constitutional matters. Unconstitutional: A law or practice which is not allowed under the U.S. Constitution, as determined by the U.S. Supreme Court. Vested employee: An employee who has worked for a company for a certain period of time, allowing them participation in the company retirement or other programs. An employee may be said to be partially or fully vested, depending on the number of years worked. Whistleblower: An employee who reports an employer's illegal action or practice to the authorities. Will: A legal document detailing how you want your estate assets to be distributed. Wrongful death: A death caused by a negligent, careless, or intentional act. It can result in a civil suit for financial damages. For a free consultation with a case intake manager at The Federal Appeal Center, call 877-524-9111 toll free, or contact us online. Melville Johnson, P.C. The Federal Appeal Center The Grant Building
Suite 222
44 Broad Street N.W.
Atlanta, GA 30303
Phone (404) 524-9111
Toll Free (877) 524-9111 Serving clients in the Atlanta, Georgia, area and across the nation. | |
