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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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