Legal

Glossary Law

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There are 29 names in this directory beginning with the letter S.
Sanction
A financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court.

Sealed verdict
The decision of a jury when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to come back to court. The verdict is kept in a sealed envelope until handed to the judge when court reconvenes.

Search warrant
A written order by a judge which permits a law enforcement officer to search a specific place and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as “weapons,” “drugs and drug paraphernalia,” “evidence of bodily harm”).

Second degree murder
A non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, intentional killing or results from a vicious crime such as arson, rape or armed robbery.

Self-defense
The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger.

Self-serving
Referring to a question asked of a party to a lawsuit or a statement by that person that serves no purpose and provides no evidence, but only argues or reinforces the legal position of that party.

Sentence
The punishment given to a person convicted of a crime.

Sequestration
The act of a judge issuing an order that a jury or witness be sequestered (kept apart from outside contacts during trial).

Settle
To resolve a lawsuit without a final court judgment by negotiation between the parties, usually with the assistance of attorneys and/or insurance adjusters, and sometimes prodding by a judge. Most legal disputes are settled prior to trial.

Severance
A separating by court order, such as separate trials for criminal defendants who were charged with the same crime, or trying the negligence aspect of a lawsuit before a trial on the damages.

Short cause
A lawsuit which is estimated by the parties (usually their attorneys) and the trial setting judge to take no more than one day.

Solicitor
An english attorney who may perform all legal services except appear in court.

Sound mind and memory
Having an understanding of one’s actions and reasonable knowledge of one’s family, possessions and surroundings.

Special circumstances
In criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment.

Special damages
Damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages which are not speculative or subjective.

Special verdict
The jury’s decisions or findings of fact with the application of the law to those facts left up to the judge, who will then render the final verdict. This type of limited verdict is used when the legal issues to be applied are complex or require difficult computation.

Speedy trial
In criminal prosecutions, the right of a defendant to demand a trial within a short time.

Spendthrift clause
A provision in a trust or will that states that if a prospective beneficiary has pledged to turn over a gift he/she hopes to receive to a third party, the trustee or executor shall not honor such a pledge.

Status conference
A pre-trial meeting of attorneys before a judge required under federal rules of procedure and in many states required to inform the court as to how the case is proceeding, what discovery has been conducted (depositions, interrogatories, production of documents), any settlement negotiations, probable length of trial and other matters relevant to moving the case toward trial.

Statute of frauds
Law in every state which requires that certain documents be in writing, such as real property titles and transfers (conveyances), leases for more than a year, wills and some types of contracts.

Stay
A court-ordered short-term delay in judicial proceedings to give a losing defendant time to arrange for payment of the judgment or move out of the premises in an unlawful detainer case.

Sua sponte
Latin for “of one’s own will,” meaning on one’s own volition, usually referring to a judge’s order made without a request by any party to the case.

Substantial performance
In the law of contracts, fulfillment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects.

Substantive law
Law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from “procedural law,” which sets the rules and methods employed to obtain one’s rights and, in particular, how the courts are conducted.

Successive sentences
In criminal law, the imposition of the penalty for each of several crimes, one after the other, as compared to “concurrent sentences” (at the same time).

Suppression of evidence
A judge’s determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search.

Surrender
1) To turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) To give oneself up to law enforcement officials.

Suspended sentence
In criminal law, a penalty applied by a judge to a defendant convicted of a crime which the judge provides will not be enforced (is suspended) if the defendant performs certain services, makes restitution to persons harmed, stays out of trouble or meets other conditions.

Sustain
In trial practice, for a judge to agree that an attorney’s objection, such as to a question, is valid.
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