Category: US Courts Glossary

A debt secured by property that is worth less than the amount of the debt. Source: US Courts Glossary

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor […]

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent. […]

A claim for which a specific value has not been determined. Source: US Courts Glossary

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on […]

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt […]

The appellate court agrees with the lower court decision and allows it to stand. See affirmed. Source: US Courts Glossary

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from […]

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines […]

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Source: US Courts Glossary

A transfer of a debtor’s property with the debtor’s consent. Source: US Courts Glossary

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest. Source: US Courts Glossary

A person called upon by either side in a lawsuit to give testimony before the court or jury. Source: US Courts Glossary

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear […]

A written court order directing a person to take, or refrain from taking, a certain act. Source: US Courts Glossary

A special type of chapter 11 case in which there is no creditors’ committee (or the creditors’ committee is deemed inactive by […]

Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.” The majority of civil lawsuits […]

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There […]

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the […]

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type […]

A law passed by a legislature. Source: US Courts Glossary

Latin, meaning “of its own will.” Often refers to a court taking an action in a case without being asked to do […]

The act or process by which a person’s rights or claims are ranked below those of others. Source: US Courts Glossary

A command to a witness to appear and produce documents. Source: US Courts Glossary

A command, issued under a court’s authority, to a witness to appear and give testimony. Source: US Courts Glossary