Charge-Off

Action of transferring accounts deemed uncollectible to a category such as bad debt or loss. Collectors will usually continue to solicit payments, but the accounts are no longer considered part of a company's receivable or profit picture.


Civil Action

Any court action against a consumer to regain money for someone else. Usually, it will be a wage assignment, child support judgment, small claims judgment or a civil judgment.

Expressio Unius

To say one thing.

Also, expressio unius can be short for expressio unius exclusio alterius est - The expression of one thing is the exclusion of another thing.


Counter-Petition

A cross or counter petition is a protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if

1. no cross or counter petition or complaint, or other written pleading was filed seeking such a protection order; or

2. a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.


Actual Knowledge

The knowledge actually possessed by an individual rather than an entity. Actual knowledge is to be distinguished from constructive knowledge, which is knowledge imputed to an individual or entity.


Assume

tr.v. as·sumed, as·sum·ing, as·sumes 1. To take upon oneself: assume responsibility; assume another's debts. 2. To undertake the duties of (an office): assumed the presidency. 3. To take on; adopt: 4. To put on; don: The queen assumed a velvet robe. 5. To affect the appearance or possession of; feign. 6. To take for granted; suppose: assumed that prices would rise. 7. To take over without justification; seize: assume control. 8. To take up or receive into heaven.


Enterprise

1. An undertaking, especially one of some scope, complication, and risk.
2. A business organization.
3. Industrious, systematic activity, especially when directed toward profit: Private enterprise is basic to capitalism.
4. Willingness to undertake new ventures; initiative.


Trial de novo

In law, the expression trial de novo literally means "new trial". It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision. It is often used in the review of administrative proceedings or the judgements of a small claims court. If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court system). Sometimes administrative decisions may be reviewed by the courts on a de novo basis. In common law systems, one feature that distinguishes an appeal proceeding from a trial de novo is that new evidence may not ordinarily be presented in an appeal, though there are rare instances when it may be allowed - usually if it was evidence that only came to light after the trial and could not, in all diligence, have been presented in the lower court. The general rule, however, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo". In order to protect the individual's rights against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge. For example, a system may relegate a claim of a certain amount to a judge but preserve the right to a new trial before a jury.


Plausible Meaning Rule

Situation where the judge in a case rejects the ordinary or more common meaning in favor of a more suitable interpretation depending on the context.


Hold harmless

1. A contract clause wherein one party agrees not to hold the other responsible for any loss, damage or other liability regardless of the degree of actual responsibility or negligence involved. 2. An agreement clause between two parties where one relieves the other one for any and all liability caused by the negligence or wrongful act of the relieved party arising out of the performance of the agreement, or any act of omission of the party, its agents, employees and servants, or for product liability or breach or warranty by the party, either expressed or implied, and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees related thereto.


Headnote

1. noun. A summary prefixed to the report of a decided legal case stating the principles or rulings of the decision and usually the main facts of the case 2. noun. A note at the head of a page or chapter; in law reports, an abstract of a case, showing the principles involved and the opinion of the court.

Al Loy is a senior editor at LawyerIntl.com. You can find other legal terms and definitions in this comprehensive law dictionary