English Legal terms "S"

Sanction

A punitive act designed to secure enforcement by imposing

Stealing

The closure of court records to inspection, except to the parties.

search and seizure

A practice whereby a person or place is searched and evidence useful in the investigation and prosecution of a crime is seized or taken. The search is conducted after an order is issued by a judge.

Search Warrant

An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

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

Acts or declarations by which one implicates oneself in a crime.

Self-proving Will

A will whose validity does not have to be testified to in court by the witnesses to it, because the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence

The judgment formally pronounced by the court or judge upon the defendant after his or her conviction by imposing a punishment to be inflicted either in the form of a fine, incarceration or probation.

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 pre-sentence report.

Sentence, concurrent

Two or more sentences of jail time to be served simultaneously

Sentence, consecutive

- Two or more sentences of jail time to be served in sequence

Sentence, suspended

A sentence postponed in which the defendant is not required to serve time unless he or she commits another crime or violates a court-imposed condition.

Sentencing

The postconviction stage in which the defendant is brought before the court for imposition of sentence.

Separate maintenance

Allowance ordered to be paid by one spouse to the other for support while the spouses are living apart but not divorced.

Seperation

An arrangement whereby a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

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 ________. This prevents a witness from being influenced by the testimony of a prior witness.

Serve a Sentence

The act of spending an allotted amount of time in a designated location such as a prison as punishment for the crime committed.

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.

Service of Process

Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation or warrant, to which a copy of the complaint is attached.

Settlement

An agreement between parties that dictates what is being received from one party to the other

Settlor

The person who sets up a trust. Also called the grantor.

Sexual Molestation

Illegal sex acts performed against a minor by a parent, guardian, relative or acquaintance

Sheriff

Elected officer of a county whose job is to conserve peace within his or her territorial jurisdiction as well as aid in the criminal and civil court processes.

Shoplifting

The willful taking and concealing of merchandise from a store or business establishment with the intention of using the goods for one's personal use without paying the purchase price.

Show Cause

An order requiring a person to appear in court and present reasons why a certain order, judgment, or decree should not be issued.

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, community standing, office, trade, business, or means of livelihood. See DEFAMATION.

Small Claims Court

A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Sodomy

Oral or anal copulation between humans, or between humans or animals

Sovereign Immunity

The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent.

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.

Speedy Trial

The right of an accused to a speedy trial as guaranteed by the 6th Amendment of the United States Constitution.

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.

Standard of Proof

There are essentially three standards of proof applicable in most court proceedings. In criminal cases, the offense must be proven beyond a reasonable doubt , the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence , (more likely than not). In some civil cases, and in juvenile proceedings such as a permanent termination of parental rights, an intermediate standard applies, proof by clear and convincing evidence.

Standing

The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Statement, closing

The final statements by the attorneys to the jury or court summarizing the evidence that they have established and the evidence that the other side has failed to establish. Also known as closing argument .

Statement, opening

Outline or summary of the nature of the case and of the anticipated proof presented by the attorney to the jury before any evidence is submitted. Also known as opening argument .

Status Offenders

- Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or have committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have not committed a crime), but are rather 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. See PERSON IN NEED OF SUPERVISION.

Statute

A formal, written statement by legislature declaring, commanding, or prohibiting something

Statute of Limitations

The time within a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must bring charges (in criminal cases). There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

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.

Statutory Rape

The unlawful sexual intercourse with a person under an age set by statute, regardless of whether they consent to the act.

Stay

The act of stopping a judicial proceeding by order of the court

Stipulate

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.

Strict Liability

A concept applied by courts in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer's personal safety

Strike

- The act of quitting work by a group of workers for the purpose of coercing their employer to accept some demand(s) they have made upon their employer who has initially refused.

Submit

To yield to the will of another.

Subpoena

An order of the court which requires a person to be present at a certain time and place to give testimony upon a certain matter. Failure to appear may be punishable as a contempt of court.

Substantive Law

The law dealing with rights, duties, and liabilities, as contrasted with procedural law , which governs the technical aspects of enforcing civil or criminal laws.

Sue

- To commence legal proceedings for recovery of a right.

Suit

Any proceeding by one person or persons against another in a court of law

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

A notice to a defendant that he or she has been sued or charged with a crime and is required to appear in court. A jury summons requires the person receiving it to report for possible jury duty

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

Suppression Hearing

A hearing on a criminal defendant's motion to prohibit the prosecutor's use of evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of the presence of the jury, either prior to or at trial. The judge must rule as a matter of law on the motion.

Surety Bond

A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond.

Survivorship

- Another name for joint tenancy

Sustain

To maintain, to affirm, to approve.

Swear

To put to oath and declare as truth.