Hearing
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.
Group Life Insurance/Group Health Insurance
A single policy under which individuals in a group--for example, employees--and their dependents are covered.
Grounds for Divorce
Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or a no-fault divorce.
Gift Taxes
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $11,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $110,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the $11,000 annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.
What is an S corporation?
An S corporation is a standard business corporation that has elected a special tax status with the IRS. This tax treatment allows the corporation not to be a separately taxable entity. Instead, the income of the corporation is treated like the income of a partnership or sole proprietorship; the income is "passed-through" to the shareholders. Thus, shareholders' individual tax returns report the income or loss generated by an S corporation.
Fraud
Intentionally deceiving another person and causing her to suffer a loss. Fraud includes lies and half-truths, such as selling a lemon and claiming "she runs like a dream."
Foreign divorce
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.
Filing fee
A fee charged by a public official to accept a document for processing. For example, you must usually pay a filing fee to submit pleadings and other documents to the court in a civil matter, or to put a deed on file in the public records.
What is a DBA?
A DBA (doing business as) filing is an official and public registration of a business name with either the state or local jurisdiction. A DBA name is also called an assumed name, trade name, or fictitious business name. DBAs enable sole proprietors to conduct business under a name other than their own personal name and enable corporations or LLCs to do business under a name other than that which is used on the company's articles of formation.
File
A term commonly used to describe both the process of submitting a document to a court--for example, "I filed my small claims case today"--and to describe the physical location where these papers are kept. Traditionally, a court's case files were kept indefinitely in one or more cardboard folders. Today many files--especially those for inactive cases--are stored by computer.
Felony
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.
Fault divorce
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The "innocent" spouse was then granted the divorce from the "guilty" spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.
Family Court
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.
Family Allowance
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.
Divorce Agreement
An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must be put in writing, signed by the parties and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement or settlement agreement.
