Glossary of Legal Terms

Parole Evidence – Evidence of oral communications concerning an agreement, usually not admissible at trial to change the terms of a written contract

Partnership – Generic term for a business entity which is either a general partnership or a limited partnership

Party -  A direct participant to an agreement or lawsuit

Perfection – The fulfillment of all steps necessary to create an enforceable lien or security interest, usually said of the proper recording or filing of a financing statement under the Uniform Commercial Code

Petition (Bankruptcy) – The document filed by a debtor to commence a bankruptcy case

Petition (Civil) – Generic reference to a variety of documents filed with courts to initiate requests for specific court relief or judicial remedies

Piercing Corporate Veil – An action to hold corporate employees, officers, directors or shareholders personally responsible for corporate debts, disfavored by courts and generally allowed only for corporate debts incurred through fraud

Plaintiff – One who starts a lawsuit

Pleading – Generic term for any of various documents filed with a court stating a party’s claims or defenses in a lawsuit

Post-Judgment – Descriptive of proceedings and events after a judgment is entered

Post-Petition – Descriptive of proceedings and events after a bankruptcy is filed, usually in reference to a claim, which claims are either not dischargeable through the bankruptcy or are entitled to priority payment through the bankruptcy

Preference – Generally, the payment of a past-due debt on or within 90 days before the date a debtor files bankruptcy, which payment usually must be returned to the debtor

Pre-Judgment – Descriptive of proceedings and events before a judgment is entered

Pre-Petition – Descriptive of proceedings and events before a bankruptcy is filed, usually in reference to a claim, which claims are subject to the bankruptcy

Preponderance Of Evidence – [See “Burden Of Proof” above], the burden of proof that a fact is more probably true than not

Pre-Trial Conference – [See “Pre-Trial Hearing” below]

Pre-Trial Hearing – A hearing in a lawsuit, usually attended only by the parties’ attorneys, held by a judge before trial to define the factual and legal issues, to address preliminary evidentiary or procedural matters, and to explore possibilities for settlement before trial

Prima Facie – Usually said of a court case which has been established by sufficient evidence that the plaintiff will prevail unless the defendant offers evidence to the contrary, generally must be established before a defendant is required to introduce any evidence of a defense

Principal (Business Entity) – Generic term for the individual who owns, operates or controls a business entity

Principal (Contract) – One who authorizes another (the “agent”) to act on its behalf

Privity – A direct connection or relationship between parties to a contract

Process Server – A disinterested person hired by a party to a lawsuit to serve summonses, subpoena or other court papers

Production Of Documents – A discovery process by which a party to a lawsuit requires another party, or a witness, to provide originals or copies of  documents

Proof Of Claim – A form describing the amount of and basis for a creditor’s claim, used to file a claim in a bankruptcy or assignment for benefit of creditors

Proof Of Delivery – Generic term to describe bills of lading, delivery receipts, or other documents to show a buyer’s receipt of goods, one of the essential elements a creditor must establish in a lawsuit to recover the price of goods sold

Proprietorship – A business entity owned and operated by one individual, who is personally responsible for all of the business debts

Prove-Up Hearing – In some jurisdictions, a hearing before a judge or jury to consider entry of a default judgment, generally by affidavit rather than by live witness testimony

Real Property – Land and everything that is erected upon or attached to it

Receivable – A sum of money due or to become due a creditor

Receiver – Under state law, the court’s representative in a receivership proceeding

Receivership – A legal proceeding under state law in which a court representative is appointed to take control of the assets of an insolvent business entity for sale and distribution to creditors

Reclamation – The process by which a creditor exercises its rights to retrieve property from a debtor or a third party upon a debtor’s insolvency

Release – A written contract whereby one (the “releasor”) relinquishes or abandons specified rights, claims, or causes of action

Remit – [See “Remittance” below]

Remittance – The payment by us or an attorney of the proceeds of a debtor’s payment, less commissions and suit fees

Replevin – A lawsuit to recover possession of goods or personal property wrongfully taken or withheld from a creditor

Replevin Bond – A written contract whereby a creditor agrees to be responsible for any claims made against a sheriff or other officer for a wrongful replevin

Respondent – One who is called upon to answer a motion or supplemental proceeding

Retail Claim – An assertion of a right to payment which arises from goods sold or leased, services rendered, or monies advanced, in connection with a personal, family or household purpose

Retainer – A sum of money paid in advance for the services of an attorney

Rule To Show Cause – [See “Show Cause Order” below]