Interpretrain Court Vocab 23-29

SANCTION

A punitive act designed to secure enforcement by imposing a penalty for its violation. For example, a sanction may be imposed for failure to comply with discovery orders.

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.

SEPARATION

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 separation of witnesses. 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.

SEALING

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

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.

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.

SODOMY

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

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.

SOVEREIGN IMMUNITY

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

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.

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.

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.

SUSTAIN

To maintain, to affirm, to approve.

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.

TANGIBLE

Capable of being perceived, especially by the sense of touch.

TESTATOR

Male person who makes a will (female: testatrix ).

TESTATRIX

Female person who makes a will (male: testator ).

TESTIFY

To make a declaration under oath in a judicial inquiry for the purpose of establishing or proving some fact.

TESTIMONY

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

THEFT

The act of stealing or the taking of property without the owner's consent. THIRD-PARTY A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

THIRD-PARTY CLAIM

An action by the defendant that brings a third party into a lawsuit.

TIME SERVED

A sentence given by the court to a convicted criminal equal to the amount of time that the criminal was incarcerated during the trial.

TITLE

Legal ownership of property, usually real property or automobiles.

TORT

A civil injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident. See EX DELICTO.

TRANSITORY

Actions are "transitory" when they might have taken place anywhere, and are "local" when they could occur only in some particular place.

TANGIBLE PERSONAL PROPERTY MEMORANDUM (TPPM)

A legal document referred to in a will and used to guide the distribution of tangible personal property.

TRESPASSING

Unlawful interference with one's person, property and rights.

TRIAL

A judicial examination and determination of issues between parties before a court that has jurisdiction.

TRIAL COURT

See TRIAL, COURT (BENCH).

TRIAL, COURT (BENCH)

A trial where the jury is waived and the case is seen before the judge alone.

TRIAL, SPEEDY

The Sixth Amendment of the Constitution guarantees the accused to an immediate trial in accordance with prevailing rules, regulations and proceedings of law.

TRIER OF FACT

Term includes the jury or the judge in a jury-waived trial, who have the obligation to make finding of fact rather than rulings of law.

TRO

See TEMPORARY RESTRAINING ORDER.

TRUE BILL

The endorsement made by a grand jury on a bill of indictment when it finds sufficient evidence for trial on the charge alleged.

TRUE TEST COPY

A copy of a court document given under the clerk's seal, but not certified.

TRUST

A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person ( the trustee) or the grantor manages the trust.

TEMPORARY RELIEF

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

TRUST AGREEMENT OR DECLARATION

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

TEMPORARY RESTRAINING ORDER

A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

TENANCY

An interest in realty which passes to the tenant.

TESTAMENT

A will disposing of personal property. See WILL.

TESTAMENTARY CAPACITY

The legal ability to make a will.

TESTAMENTARY TRUST

A trust set up by a will.

TESTATE

One who has died leaving a will or one who has made a will.

TRUSTEE

The person or institution that manages the property put in trust.

UNLAWFUL DETAINER

The unjustifiable act of retaining possession without right; e.g. a tenant whose lease has expired.

USURY

Charging a higher interest rate or higher fees than the law allows.

VACATE

To render an act void; to set aside.

VAGRANCY

The state or manner of living by wandering from place to place without a home, job, or means of support.

VANDALISM

Willful or malicious acts that are intended to damage or destroy public or private property.

VENUE

The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.

VERDICT

The opinion of a jury, or a judge where there is no jury, on the factual issues of a case.

VICTIM

A person who is the object of a crime or civil wrongdoing.

VICTIM IMPACT STATEMENT

A statement during sentencing which informs the sentencer of the impact of the crime on the victim or the victim's family.