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A
B C
D E
F G
H I
J K L
M N
O P
Q R
S T
U V
W X Y Z #
Click on the first letter of the
word from the list above to go to the appropriate
section of the glossary.
- S -
Search Warrant: A written order issued by a
judge that directs a law enforcement officer to search
a specific area for a particular piece of evidence.
Secured Debt: In bankruptcy proceedings, a debt is
secured if the debtor gave the creditor a right to
repossess the property or goods used as collateral.
Self-Defense: Claim that an act otherwise
criminal was legally justifiable because it was
necessary to protect a person or property from the
threat or action of another.
Self-Incrimination, Privilege Against: The
constitutional right of people to refuse to give
testimony against themselves that could subject them
to criminal prosecution. The right is guaranteed in
the Fifth Amendment to the U.S. Constitution.
Asserting the right is often referred to as taking the
Fifth.
Self-Proving Will: A will whose validity
does not have to be testified to in court by the
witnesses to it, since the witnesses executed an
affidavit reflecting proper execution of the will
prior to the maker's death.
Sentence: The punishment ordered by a court
for a defendant convicted of a crime. A concurrent
sentence means that two or more sentences would run at
the same time. A consecutive sentence means that two
or more sentences would run one after another.
Sentence Report: A document containing
background material on a convicted person. It is
prepared to guide the judge in the imposition of a
sentence. Sometimes called a presentence report.
Sequester: To separate. Sometimes juries are
separated from outside influences during their
deliberations. For example, this may occur during a
highly publicized trial.
Sequestration of Witnesses: Keeping all
witnesses (except plaintiff and defendant) out of the
courtroom except for their time on the stand, and
cautioning them not to discuss their testimony with
other witnesses. Also called separation of witnesses.
This prevents a witness from being influenced by the
testimony of a prior witness.
Service: The delivery of a legal document,
such as a complaint, summons, or subpoena, notifying a
person of a lawsuit or other legal action taken
against him or her. Service, which constitutes formal
legal notice, must be made by an officially authorized
person in accordance with the formal requirements of
the applicable laws.
Settlement: An agreement between the parties
disposing of a lawsuit.
Settlor: The person who sets up a trust.
Also called the grantor.
Several Liability: Liability separate and
distinct from the liability of another which is
sufficient to support a lawsuit without reference to
anyone else's liability.
Severance of Actions: Judicial proceeding
separating the claims of multiple parties and
permitting separate actions on each one or some
combination of them.
Service of Process: Providing a formal
notice to the defendant that orders him to appear in
court to answer plaintiff's allegations.
Show Cause Order: Judicial direction to
appear in court and present reasons why the court
should not take a proposed action.
Sidebar: A conference between the judge and
lawyers, usually in the courtroom, out of earshot of
the jury and spectators.
Slander: False and defamatory spoken words
tending to harm another's reputation, business, or
means of livelihood. Slander is spoken defamation;
libel is published.
Small Claims Court: A court that handles
civil claims for small amounts of money. People often
represent themselves rather than hire an attorney.
Social Host Liability: The liability of a
person (the "social host") who furnishes
free alcoholic beverages to another (the
"guest"), when the guest subsequently
sustains injuries or causes injury to a third person
because of his intoxication.
Sovereign Immunity: The doctrine that the
government, state or federal, is immune to lawsuit
unless it gives its consent.
Special Jurisdiction: Power of a court to
deal with only a limited type of case.
Specific Loss: In a workers' compensation
case, this is the compensation payable for loss
(amputation) or permanent loss of use of members of
the body, complete loss of hearing in one or both
ears, loss of vision in one or both eyes, and
disfigurement.
Specific Performance: A remedy requiring a
person who has breached a contract to perform
specifically what he or she has agreed to do. Specific
performance is ordered when damages would be
inadequate compensation.
Spendthrift Trust: A trust set up for the
benefit of someone who the grantor believes would be
incapable of managing his or her own financial
affairs.
Spoliation: Generally, the destruction of
evidence.
Stack or Stacking: In Pennsylvania
automobile insurance law, purchasers of insurance have
the option to "stack" uninsured and
underinsured motorist coverage. If you choose
"stacking," this means that you can add the
coverage together for each vehicle you have insured,
at least under the policy. (An issue presently exists
as to whether you can "stack" coverages
under separate policies of insurance.) For example, if
you have two vehicles, with $100,000/$300,000 (meaning
$100,000 available per person, and $300,000 available
per accident) in uninsured or underinsured motorist
coverage, you can "stack" the coverages and
have available $200,000/$600,000 in coverage.
Standard of Care: In the law of negligence,
the degree of care which a reasonable, prudent or
careful person should exercise under the same or
similar circumstances. If the standard falls below
that established by law for the protection of others
against unreasonable risk of harm, the person may be
liable for damages resulting from such conduct.
Standard of Proof or Burden of Proof: Degree
of proof required in a specific kind of case to
prevail. In the majority of civil cases, it is proof
by a preponderance of the evidence.
Standing: The legal right to bring a
lawsuit. Only a person with something at stake has
standing to bring a lawsuit.
Stare Decisis: Policy of the courts to not
overturn precedents; adherence to precedents.
Status Offenders: Youths charged with the
status of being beyond the control of their legal
guardian or are habitually disobedient, truant from
school, or having committed other acts that would not
be a crime if committed by an adult. They are not
delinquents (in that they have committed no crime),
but rather are persons in need of supervision, minors
in need of supervision, or children in need of
supervision, depending on the state in which they
live. Status offenders are placed under the
supervision of the juvenile court.
Statute: Generally, a law created by a
legislature.
Statute of Limitations: The time prescribed
by statute in which a plaintiff can bring a lawsuit.
Statutory Construction: Process by which a
court seeks to interpret the meaning and scope of
legislation.
Statutory Law: Law enacted by the
legislative branch of government, as distinguished
from case law or common law.
Stay: Court-ordered suspension of a judicial
proceeding.
Strict Construction: Judicial interpretation
of the law whereby the judge adheres to the literal
meaning of the words. Compare with liberal
construction which expands the literal meaning of the
statute to meet cases that are clearly within the
spirit or reason of the law.
Strict Liability: Doctrine that holds
defendants liable for harm caused by their actions
regardless of their intentions or lack of negligence.
Often applied to manufacturers or sellers of defective
products in products liability cases.
Stroke: Damage to a part of the brain when
its blood supply is suddenly reduced or stopped. This
stoppage in blood flow can occur as the result of a
blood vessel becoming blocked or bursting inside the
brain. The part of the brain deprived of blood dies
and can no longer function.
Stipulation: An agreement by attorneys on
both sides of a civil or criminal case about some
aspect of the case; e.g., to extend the time to
answer, to adjourn the trial date, or to admit certain
facts at the trial.
Strike: Highlighting in the record of a
case, evidence that has been improperly offered and
will not be relied upon.
Sua Sponte: A Latin phrase which means on
one's own behalf. Voluntary, without prompting or
suggestion.
Subject Matter Jurisdiction: The court's
power to deal with the general subject matter involved
in a case. For example, a bankruptcy court judge has
no subject matter jurisdiction to hear a divorce case.
Subornation of Perjury: Procuring someone to
make a false statement under oath.
Subpoena: Command to appear at a certain
place and time to give testimony on a matter.
Subpoena Duces Tecum: Command to produce
some document or paper.
Subrogation: Substitution of one person for
another, giving the substitute the same legal rights
as the original party. For example, an insurance
company may have a right of subrogation to sue anyone
whom the person it compensated had a right to sue.
Substantive law. The body of law that
creates, defines and regulates right. Compare with
procedural law which prescribes the manner to enforce
rights or obtaining redress for invasion of rights.
Sue: The act of bringing a lawsuit.
Suit or Lawsuit: Generally, a court action
brought by one person, the plaintiff, against another,
the defendant , seeking compensation for some injury
or enforcement of a right.
Summary Judgment: A decision made on the
basis of statements and evidence presented for the
record without a trial. It is used when there is no
dispute as to the facts of the case, and one party is
entitled to judgment as a matter of law.
Summons: Formal document beginning a civil
action or special proceeding which is a means to gain
jurisdiction over a party. Also, a document directed
to a sheriff or other authorized person ordering him
to serve the person named on the summons who must
appear at a certain place and time to respond to the
action.
Supplier of Goods: In products liability
law, all parties in the chain of supply of a product
for profit, including manufacturers, sellers, and
dealers.
Supplemental Agreement: In a workers'
compensation case, this is the form signed by the
injured employee when there has been a change in
disability status.
Support Trust: A trust that instructs the
trustee to spend only as much income and principal
(the assets held in the trust) as needed for the
beneficiary's support.
Suppress: To forbid the use of evidence at a
trial because it is improper or was improperly
obtained. See also exclusionary rule.
Surety Bond: A bond purchased at the expense
of the estate to insure the executor's proper
performance. Often called a fidelity bond.
Survival Action: A survival action is
brought by the administrator of a deceased person's
estate in order to recover loss to the estate
resulting from a tort. A survival action continues in
the decedent's personal representative a right of
action which accrued to the decedent at common law
because of a tort. A survival action, unlike a
wrongful death action, is not a new cause of action.
Where death is caused by negligence, both a survival
action and a wrongful death action may be brought.
Survival Statutes: Statutory law that
provides for a legal action to continue after the
death of a person involved in the action.
Survivorship: Another name for joint
tenancy.
Sustain: A court ruling upholding an
objection or a motion.
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