Full form of short terms - Definition by WebMahaan.com

Venue

Venue The geographic area in which a case is filed and heard. A change of venue is a change or transfer of a case from one judicial district to another.

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Uphold

Uphold The appellate court agrees with the lower court decision and allows it to stand. See “affirmed."

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Unsecured claim

Unsecured claim A claim for which a creditor holds no security, such as a mortgage or lien.

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Unscheduled debt A debt that should have been listed by the debtor in the schedules filed with the court in a bankruptcy case but was not. Depending on the circumstances, an unscheduled debt might not be discharged.

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Unliquidated claim

Unliquidated claim A claim for which a specific value has not yet been determined.

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Unlawful detainer action

Unlawful detainer action A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.

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Undue hardship (bankruptcy)

Undue hardship (bankruptcy) The legal standard for discharging most student debts in bankruptcy under section 523(a)(8) of the Bankruptcy Code.

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Undersecured claim

Undersecured claim A right to payment based on a debt secured by property that is worth less than the amount of the debt.

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U.S. trustee

U.S. trustee 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;

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U.S. attorney

U.S. attorney A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

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Trustee

Trustee In a bankruptcy case, a person appointed to represent the interests of the bankruptcy estate.

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Transfer

Transfer Any mode or means by which a debtor disposes of or parts with property.

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Transcript

Transcript 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.

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Tort

Tort A civil wrong or breach of a duty to another person. The “victim” of a tort may be entitled to sue for the harm suffered. Victims of crimes may also sue in tort for the wrongs done to them. Most tort cases are handled in state court,

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Toll

Toll To stop the running of a time period, such as one set by a statute of limitations, essentially extending the time for parties to take legal action.

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Testimony

Testimony Evidence presented by witnesses during trials or other legal proceedings.

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Temporary restraining order

Temporary restraining order 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.

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Summary judgment

Summary judgment A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case.

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Substantive consolidation

Substantive consolidation Pooling the assets and liabilities of two or more related debtors to pay creditors under a plan.

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Subpoena duces tecum

Subpoena duces tecum A command to a witness to appear and produce documents.

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Subpoena

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

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Subordination

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

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Sua sponte

Sua sponte Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by any party.

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Sua sponte

Sua sponte Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by any party.

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Statute of limitations

Statute of limitations The time within which a lawsuit must be filed or a criminal prosecution must begin. The deadline can vary, depending on the type of civil case or the crime charged.

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Statute of limitations

Statute of limitations The time within which a lawsuit must be filed or a criminal prosecution must begin. The deadline can vary, depending on the type of civil case or the crime charged.

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Statute

Statute A law passed by a legislature.

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Statement of intention

Statement of intention A declaration made by an individual Chapter 7 debtor to inform the court and creditors of the debtor’s plans for dealing with property subject to security interests and unexpired personal property leases.

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Statement of financial affairs

Statement of financial affairs A detailed form that the debtor completes and files with the court with answers to a series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc.

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Standard of proof

Standard of proof Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." Most civil causes of action require proof "by a preponderance of the evidence" (50 percent plus),

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Small business or Subchapter V

Small business or Subchapter V case The Bankruptcy Code allows small business debtors to file for relief under two different special categories of Chapter 11 - small business or subchapter

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Settlement

Settlement Parties to a lawsuit resolve their dispute without having a trial.

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Service of process

Service of process The delivery of writs or summonses to the appropriate party.

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Sequester

Sequester To separate. Sometimes juries are sequestered or isolated from outside influences during a trial or during their deliberations.

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Sentencing guidelines

Sentencing guidelines A set of rules and principles established by the United States Sentencing Commission that trial judges use as one factor to consider when they determine the sentence for a convicted defendant.

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Sentence

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

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Senior judge

Senior judge A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy on the court.

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Secured debt

Secured debt Debt backed by a mortgage, pledge of collateral, or other lien. Examples include home mortgages, auto loans and tax liens.

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Secured creditor

Secured creditor A creditor with a lien securing some or all of its claim against the debtor.

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Section 341 meeting

Section 341 meeting The meeting of creditors and equity security holders required by Section 341 of the Bankruptcy Code at which the debtor is questioned under oath by the trustee and any other parties present, about the debtor’s financial affairs.

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Schedules

Schedules Detailed lists filed by the debtor in a bankruptcy case along with (or shortly after filing) the petition showing the debtor's assets, liabilities, and other financial information. See bankruptcy forms.

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Sanction

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

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Reverse

Reverse 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.

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Remand

Remand The act of an appellate court sending a case to a lower court for further proceedings.

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Redemption

Redemption 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.

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Record

Record The official documented account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

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Recalled judge

Recalled judge A retired magistrate judge, bankruptcy judge, or judge of the Court of Federal Claims may return to duty for a limited term as a “recalled” judge.

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Reaffirmation agreement

Reaffirmation agreement An agreement, typically between a Chapter 7 debtor and a secured creditor, under which the debtor agrees to continue paying a dischargeable debt (such as an auto loan) after the bankruptcy,

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Prosecute

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

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Property of the estate

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

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Proof of claim

Proof of claim 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.)

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Procedure

Procedure The rules for conducting a case before the court. There are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.

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Probation officer

Probation officer 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.

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Probation

Probation A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision of a probation officer, who makes certain that the defendant follows certain rules (e.g., gets a job, gets drug counseling)

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Pro tem

Pro tem A Latin phrase meaning "temporary." In the law, it's used to refer to a temporary assignment of a judge to manage court proceedings when the regular judge is unable to.

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Pro se

Pro se A Latin term meaning “on one’s own behalf.” In courts, it refers to persons who present their own cases without lawyers.

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Priority claim

Priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are either of lower priority or not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

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Priority

Priority 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.

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Pretrial services

Pretrial services 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 going to trial.

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Pretrial conference

Pretrial conference A meeting of the judge and lawyers or parties prior to a trial, to discuss which matters should be presented, review proposed evidence and witnesses, and set a trial schedule.

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Presentence report

Presentence report 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.

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Preference (bankruptcy)

Preference (bankruptcy) 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)

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Precedent

Precedent 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" -

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Prebankruptcy planning

Prebankruptcy planning The arrangement (or rearrangement) of a debtor's property or other circumstances before bankruptcy to allow the debtor to take maximum advantage of various Bankruptcy Code provisions.

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Postpetition transfer

Postpetition transfer A transfer of property of the bankruptcy estate made after the commencement of the bankruptcy case.

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Pleadings

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

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Plea

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

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Plan

Plan A detailed proposal by the bankruptcy plan proponent (usually the debtor) for how claims or interests of the debtor will be paid or otherwise treated if the plan is confirmed.

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Plaintiff

Plaintiff A person or entity that files a civil lawsuit.

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Petty offense

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

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Petition preparer

Petition preparer A person or business not authorized to practice law that prepares bankruptcy petitions.

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Petition

Petition A formal application in writing made to a court or other official body requesting judicial action of some character. See also: “bankruptcy petition.”

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Petit jury (or trial jury)

Petit jury (or trial jury) 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.

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Peremptory challenge

Peremptory challenge 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.

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Per curiam

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

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Party in interest

Party in interest A party who has standing to be heard by the court in a matter to be decided in a bankruptcy case. The debtor, U.S. Trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.

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Party

Party An individual or entity involved in a legal action, such as a plaintiff and defendant in a civil case.

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Parole

Parole The release of a prison inmate – formerly granted by the U.S. Parole Commission – after the inmate has completed part of their sentence in a federal prison. When the parolee is released to the community,

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