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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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