r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE wiki — defined terms
The statute’s own glossary: every term Title 28 defines, in section order.
“office of Federal judicial administration” applies in that section
the term “office of Federal judicial administration” means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice.
“performing rights society” applies in that section
the term “performing rights society” has the meaning given the term in section 101 of title 17 . (B) Determination of license fee .— Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to— (i) a judge to whom …
“court” applies in that section
the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense. (j) (1) Subject to paragraph (4), any judge of the Court of Federal Claims who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he engages in any such activity.
“unfunded liability” applies in that section
the term “unfunded liability” means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31 , of the present value of all benefits payable from the Court of Federal Claims Judges Retirement Fund, over the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31 , with respect to the retirement annuities provided for in this section. (C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
“judicial security” applies in that section
the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.
“complainant” applies throughout its chapter
the term “complainant” means the person filing a complaint under subsection (a) of this section.
“judge” applies throughout its chapter
the term “judge” means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and;
“bankruptcy judge” applies in that section
the term “bankruptcy judge” means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984 . (b) A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer.
“unfunded liability” applies in that section
the term “unfunded liability” means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31 , United States Code, of the present value of all benefits payable from the Judicial Survivors’ Annuities Fund, over the sum of— (A) the present value of deductions to be withheld from the future basic pay of judicial officials; plus (B) the balance in the Fund as of the date the unfunded liability is determined.
“years” applies in that section
the term “years” shall mean full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and including, as one full month, any fractional part of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section.
“compensation” applies in that section
the term “compensation” includes retired pay or salary received in retired status. (n) Lump-Sum Payments.— (1) Eligibility .— (A) Subject to paragraph (2), an individual who serves as a bankruptcy judge or magistrate judge and— (i) who leaves office and is not reappointed as a bankruptcy judge or magistrate judge for at least 31 consecutive days; (ii) who files an application with the Administrative Office of the United States Courts for payment of the lump-sum credit; (iii) is not serving as a bankruptcy judge or magistrate judge at the time of filing of the application; and (iv) will not become eligible to receive an annuity under this section within 31 days after filing the application; …
“court” applies in that section
the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or courts of Indian offense. (j) Deductions, Contributions, and Deposits.— (1) Deductions .— Beginning with the next pay period after the Director of the Administrative Office of the United States Courts receives a notice under subsection (f) that a bankruptcy judge or magistrate judge has elected an annuity under this section, the Director shall deduct and withhold 1 percent of the salary of such bankruptcy judge or magistrate judge.
“lump-sum credit” applies in that section
the term “lump-sum credit” means the unrefunded amount consisting of— (A) retirement deductions made under this section from the salary of a bankruptcy judge or magistrate judge; (B) amounts deposited under subsection (k) by a bankruptcy judge or magistrate judge covering earlier service; and (C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Judicial Officers’ Retirement Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under subsection ( o ); but does not include interest— (i) if the service covered thereby aggregates 1 year or less; or (ii) …
“unfunded liability” applies in that section
the term “unfunded liability” means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31 , of the present value of all benefits payable from the Judicial Officers’ Retirement Fund over the sum of— (i) the present value of deductions to be withheld under this section from the future basic pay of bankruptcy judges and magistrate judges; plus (ii) the balance in the Fund as of the date the unfunded liability is determined.
“agency” applies throughout this title
The term “agency” includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.
“court of the United States” applies throughout this title
The term “court of the United States” includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior.
“department” applies throughout this title
The term “department” means one of the executive departments enumerated in section 1 of Title 5 , unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.
“district” applies throughout this title
The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title.
“district court” applies throughout this title
The terms “district court” and “district court of the United States” mean the courts constituted by chapter 5 of this title.
“district court of the United States” applies throughout this title
The terms “district court” and “district court of the United States” mean the courts constituted by chapter 5 of this title.
“judge of the United States” applies throughout this title
The term “judge of the United States” includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.
“judicial district” applies throughout this title
The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title.
“justice of the United States” applies throughout this title
The term “justice of the United States” includes the Chief Justice of the United States and the associate justices of the Supreme Court.
“judicial officer” applies throughout its chapter
the term “judicial officer” means a United States district court judge or a United States magistrate judge.
“serious human rights offenses” applies in that section
The term “serious human rights offenses” includes violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under sections 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code.
“attorney for the Government” applies in that section
the term “attorney for the Government” includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40.
“mass killings” applies in that section
the term “mass killings” means 3 or more killings in a single incident; and;
“place of public use” applies in that section
the term “place of public use” has the meaning given that term under section 2332f(e)(6) of title 18 , United States Code. (2) Specific permitted uses.— (A) Aircraft and boats .— Funds available to the Attorney General for United States Attorneys, for the Federal Bureau of Investigation, for the United States Marshals Service, for the Bureau of Alcohol, Tobacco, Firearms and Explosives, for the Drug Enforcement Administration, and for the Immigration and Naturalization Service may be used for the purchase, lease, maintenance, and operation of aircraft and boats, for law enforcement purposes.
“national crime information databases” applies in that section
the term “national crime information databases” means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and;
“other institutions” applies in that section
the term “other institutions” includes— (1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and (2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law …
“protection order” applies in that section
the term “protection order” includes— (i) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (ii) any support, child custody or visitation provisions, orders, remedies, …
“killing” applies in that section
The term “killing” means conduct that would constitute an offense under section 1111 of title 18 , United States Code, if Federal jurisdiction existed. (2) Serial killings .—
“serial killings” applies in that section
The term “serial killings” means a series of three or more killings, not less than one of which was committed within the United States, having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors. (3) State .—
“State” applies in that section
The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
“Director” applies in that section
The term “Director” means the Director of the Federal Bureau of Investigation. (2) FBI buildings and grounds.— (A) In general .—
“FBI buildings and grounds” applies in that section
The term “FBI buildings and grounds” means— (i) the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation; (ii) the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and (iii) any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation. (B) Inclusion .—
“FBI police” applies in that section
The term “FBI police” means the permanent police force established under subsection (b). (b) Establishment of FBI Police; Duties.— (1) In general .— Subject to the supervision of the Attorney General, the Director may establish a permanent police force, to be known as the FBI police. (2) Duties .— The FBI police shall perform such duties as the Director may prescribe in connection with the protection of persons and property within FBI buildings and grounds.
“child sexual abuse material” applies in that section
the term “child sexual abuse material” means a visual depiction described in section 2256(8)(A) of title 18 ;
“covered investigation” applies in that section
the term “covered investigation” means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation;
“Director” applies in that section
the term “Director” means the Director of the Federal Bureau of Investigation;
“multidisciplinary team” applies in that section
the term “multidisciplinary team” means a multidisciplinary team established or used under subsection (b)(2);
“relevant children’s advocacy center personnel” applies in that section
the term “relevant children’s advocacy center personnel” means children’s advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children’s advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and;
“victim advocate” applies in that section
the term “victim advocate” means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. (b) FBI Victim Support Requirements.— (1) In general .— To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law— (A) use a multidisciplinary team; and (B) in accordance with paragraph (3), use— (i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or (ii) in the absence of a trained Federal Bureau …
“Indian country” applies in that section
the term “Indian country” has the meaning given that term in section 1151 of title 18 .
“judicial security” applies in that section
the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.
“firm” applies in that section
the term “firm” means a law firm whether organized as a partnership or corporation; and (B) a person is “associated” with a firm if that person is an officer, director, partner, or other member or employee of that firm. (5) Enforcement .— The Attorney General and the Director of the Office of Government Ethics have authority to enforce compliance with this subsection. (k) Custody of Records of an Independent Counsel.— (1) Transfer of records .— Upon termination of the office of an independent counsel, that independent counsel shall transfer to the Archivist of the United States all records which have been created or received by that office.
“agency” applies in that section
the terms “agency” and “criminal history record information” have the meanings given those terms in section 9201 of title 5 ;
“covered employee” applies in that section
the term “covered employee” means an employee of the judicial branch of the United States Government, other than— (i) any judge or justice who is entitled to hold office during good behavior; (ii) a United States magistrate judge; or (iii) a bankruptcy judge; and;
“criminal history record information” applies in that section
the terms “agency” and “criminal history record information” have the meanings given those terms in section 9201 of title 5 ;
“employing office” applies in that section
the term “employing office” means any office or entity of the judicial branch of the United States Government that employs covered employees. (2) Restriction .— A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency. (3) Employing office policies; complaint procedure .— The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection.
“highest court of a State” applies in that section
the term “highest court of a State” includes the District of Columbia Court of Appeals.
“class” applies in that section
the term “class” means all of the class members in a class action;
“class action” applies in that section
the term “class action” means any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representative persons as a class action;
“class certification order” applies in that section
the term “class certification order” means an order issued by a court approving the treatment of some or all aspects of a civil action as a class action; and;
“class members” applies in that section
the term “class members” means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. (2) The district courts shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a class action in which— (A) any member of a class of plaintiffs is a citizen of a State different from any defendant; (B) any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (C) any member of a class of plaintiffs is a citizen of a State and any defendant is a …
“mass action” applies in that section
the term “mass action” means any civil action (except a civil action within the scope of section 1711(2)) in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact, except that jurisdiction shall exist only over those plaintiffs whose claims in a mass action satisfy the jurisdictional amount requirements under subsection (a).
“State” applies in that section
the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (b) The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws. (c) Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.
“committee” applies in that section
the term “committee” includes standing, select, or special committees of the Senate established by law or resolution.
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
“accident” applies in that section
the term “accident” means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and;
“injury” applies in that section
the term “injury” means— (A) physical harm to a natural person; and (B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists;
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d) Intervening Parties .— In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter.
“district” applies in that section
the term “district” includes the territorial jurisdiction of each such court.
“district court” applies in that section
the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and
“district” applies in that section
the term “district” includes the territorial jurisdiction of each such court.
“district court” applies in that section
the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and
“civil action” applies in that section
The terms “civil action” and “criminal prosecution” include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.;
“crime of violence” applies in that section
The term “crime of violence” has the meaning given that term in section 16 of title 18 .;
“criminal prosecution” applies in that section
The terms “civil action” and “criminal prosecution” include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.;
“law enforcement officer” applies in that section
The term “law enforcement officer” means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.;
“serious bodily injury” applies in that section
The term “serious bodily injury” has the meaning given that term in section 1365 of title 18 .;
“State” applies in that section
The term “State” includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18 ).;
“State court” applies in that section
The term “State court” includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.
“State” applies throughout its chapter
The term “State” includes the District of Columbia.
“State court” applies throughout its chapter
The term “State court” includes the Superior Court of the District of Columbia.;
“covered government” applies in that section
the term “covered government” means— (i) the Government of Germany during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the covered period; and (iv) any government in Europe that was an ally of the Government of Germany during the covered period; and;
“covered period” applies in that section
the term “covered period” means the period beginning on January 30, 1933 , and ending on May 8, 1945 .
“work” applies in that section
the term “work” means a work of art or other object of cultural significance;
“aircraft sabotage” applies in that section
the term “aircraft sabotage” has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation;
“armed forces” applies in that section
the term “armed forces” has the meaning given that term in section 101 of title 10 ;
“extrajudicial killing” applies in that section
the terms “torture” and “extrajudicial killing” have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 note).
“hostage taking” applies in that section
the term “hostage taking” has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages;
“material support or resources” applies in that section
the term “material support or resources” has the meaning given that term in section 2339A of title 18 ;
“national of the United States” applies in that section
the term “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
“state sponsor of terrorism” applies in that section
the term “state sponsor of terrorism” means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), 1 section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism; and;
“torture” applies in that section
the terms “torture” and “extrajudicial killing” have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 note).
“international terrorism” applies in that section
the term “international terrorism”— (1) has the meaning given the term in section 2331 of title 18 , United States Code; and (2) does not include any act of war (as defined in that section). (b) Responsibility of Foreign States .— A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of international terrorism in the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of …
“class” applies throughout its chapter
The term “class” means all of the class members in a class action. (2) Class action .—
“class action” applies throughout its chapter
The term “class action” means any civil action filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure or any civil action that is removed to a district court of the United States that was originally filed under a State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representatives as a class action. (3) Class counsel .—
“class counsel” applies throughout its chapter
The term “class counsel” means the persons who serve as the attorneys for the class members in a proposed or certified class action. (4) Class members .—
“class members” applies throughout its chapter
The term “class members” means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. (5) Plaintiff class action .—
“plaintiff class action” applies throughout its chapter
The term “plaintiff class action” means a class action in which class members are plaintiffs. (6) Proposed settlement .—
“proposed settlement” applies throughout its chapter
The term “proposed settlement” means an agreement regarding a class action that is subject to court approval and that, if approved, would be binding on some or all class members.
“appropriate Federal official” applies in that section
the term “appropriate Federal official” means— (A) the Attorney General of the United States; or (B) in any case in which the defendant is a Federal depository institution, a State depository institution, a depository institution holding company, a foreign bank, or a nondepository institution subsidiary of the foregoing (as such terms are defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )), the person who has the primary Federal regulatory or supervisory responsibility with respect to the defendant, if some or all of the matters alleged in the class action are subject to regulation or supervision by that person. (2) Appropriate state official .— In this section,
“appropriate State official” applies in that section
the term “appropriate State official” means the person in the State who has the primary regulatory or supervisory responsibility with respect to the defendant, or who licenses or otherwise authorizes the defendant to conduct business in the State, if some or all of the matters alleged in the class action are subject to regulation by that person. If there is no primary regulator, supervisor, or licensing authority, or the matters alleged in the class action are not subject to regulation or supervision by that person, then the appropriate State official shall be the State attorney general.
“child” applies in that section
The term “child” means— (A) a person under 18 years of age; and (B) a person 18 or more years of age with respect to whom a child support order has been issued pursuant to the laws of a State.;
“child support” applies in that section
The term “child support” means a payment of money, continuing support, or arrearages or the provision of a benefit (including payment of health insurance, child care, and educational expenses) for the support of a child.;
“child support order” applies in that section
The term “child support order”— (A) means a judgment, decree, or order of a court requiring the payment of child support in periodic amounts or in a lump sum; and (B) includes— (i) a permanent or temporary order; and (ii) an initial order or a modification of an order.;
“child’s home State” applies in that section
The term “child’s home State” means the State in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the State in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month period.;
“child’s State” applies in that section
The term “child’s State” means the State in which a child resides.;
“contestant” applies in that section
The term “contestant” means— (A) a person (including a parent) who— (i) claims a right to receive child support; (ii) is a party to a proceeding that may result in the issuance of a child support order; or (iii) is under a child support order; and (B) a State or political subdivision of a State to which the right to obtain child support has been assigned.;
“court” applies in that section
The term “court” means a court or administrative agency of a State that is authorized by State law to establish the amount of child support payable by a contestant or make a modification of a child support order.;
“modification” applies in that section
The term “modification” means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to the child support order.;
“State” applies in that section
The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian country (as defined in section 1151 of title 18 ).
“State” applies in that section
the term “State” has the meaning given such term under section 7 of title 1 .
“court of the United States” applies in that section
the term “court of the United States” includes, in addition to the courts listed in section 451 of this title , any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States. (b) A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance.
“volunteer safety personnel” applies in that section
the term “volunteer safety personnel” means individuals serving a public agency (as defined in section 1203(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 1 ) in an official capacity, without compensation, as firefighters or members of a rescue squad or ambulance crew.
“prisoner” applies in that section
the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
“prisoner” applies in that section
the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
“filing fee” applies in that section
the term “filing fee” means the filing fee required by subsection (a), or any other fee prescribed by the Judicial Conference under subsections (b) and (c) that is payable to the clerk upon the commencement of a case under chapter 7. (2) The district court or the bankruptcy court may waive for such debtors other fees prescribed under subsections (b) and (c). (3) This subsection does not restrict the district court or the bankruptcy court from waiving, in accordance with Judicial Conference policy, fees prescribed under this section for other debtors and creditors.
“tide or submerged lands” applies in that section
the term “tide or submerged lands” means “lands beneath navigable waters” as defined in section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 ). (m) Not less than one hundred and eighty days before bringing any action under this section, a State shall notify the head of the Federal agency with jurisdiction over the lands in question of the State’s intention to file suit, the basis therefor, and a description of the lands included in the suit. (n) Nothing in this section shall be construed to permit suits against the United States based upon adverse possession.
“foreign nation” applies in that section
the term “foreign nation” means a country that has become a party to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as the “United Nations Convention”) or a foreign jurisdiction with which the United States has a treaty or other formal international agreement in effect providing for mutual forfeiture assistance; and;
“forfeiture or confiscation judgment” applies in that section
the term “forfeiture or confiscation judgment” means a final order of a foreign nation compelling a person or entity— (A) to pay a sum of money representing the proceeds of an offense described in Article 3, Paragraph 1, of the United Nations Convention, any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States, or any foreign offense described in section 1956(c)(7)(B) of title 18 , or property the value of which corresponds to such proceeds; or (B) to forfeit property involved in or traceable to the commission of such offense.
“Federal agency” applies throughout its chapter
the term “Federal agency” includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.
“qualified retirement arrangement” applies in that section
the term “qualified retirement arrangement” means a plan qualified under section 401(a), 403(a), or 409 of the Internal Revenue Code of 1986 or a plan that is subject to the requirements of section 205 of the Employee Retirement Income Security Act of 1974.
“retirement system for Federal military or civilian personnel” applies in that section
the term “retirement system for Federal military or civilian personnel” means a pension or annuity system for Federal military or civilian personnel of more than one agency, or for some or all of such personnel of a single agency, established by statute or by regulation pursuant to statutory authority; and;
“amateur sports organization” applies throughout its chapter
the term “amateur sports organization” means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A);
“governmental entity” applies throughout its chapter
the term “governmental entity” means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703(5) ), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act ( 25 U.S.C. 2703(4) );
“person” applies throughout its chapter
the term “person” has the meaning given such term in section 1 of title 1 , and;
“professional sports organization” applies throughout its chapter
the term “professional sports organization” means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A);
“State” applies throughout its chapter
the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States.
“defamation” applies throughout its chapter
The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person. (2) Domestic court .—
“domestic court” applies throughout its chapter
The term “domestic court” means a Federal court or a court of any State. (3) Foreign court .—
“foreign court” applies throughout its chapter
The term “foreign court” means a court, administrative body, or other tribunal of a foreign country. (4) Foreign judgment .—
“foreign judgment” applies throughout its chapter
The term “foreign judgment” means a final judgment rendered by a foreign court. (5) State .—
“State” applies throughout its chapter
The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) United states person .—
“United States person” applies throughout its chapter
The term “United States person” means— (A) a United States citizen; (B) an alien lawfully admitted for permanent residence to the United States; (C) an alien lawfully residing in the United States at the time that the speech that is the subject of the foreign defamation action was researched, prepared, or disseminated; or (D) a business entity incorporated in, or with its primary location or place of operation in, the United States.