Common Legal Terminology

Small business case -

A special type of chapter 11 case in which there is no creditors’ committee (or the creditors’ committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Standard of proof -

Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.” The majority of civil lawsuits require proof “by a preponderance of the evidence” (50 percent plus), but in some the standard is higher and requires “clear and convincing” proof.

Statement of financial affairs -

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

Statement of intention -

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

Statute -

A law passed by a legislature.

Statute of limitation -

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

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 either side.

Subordination -

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

Subpoena -

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

Subpoena duces tecum -

A command to a witness to appear and produce documents.

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All terms and definitions on this page are from uscourts.gov/glossary (April 13, 2020)