Legal Dictionary S-Z
Term: Sanction
Definition: To order punishment or penalties for violation of a rule of law or procedure, or the penalty for such violation.
Term: Satisfaction
Definition: A document evidencing release or discharge of an obligation such as a mortgage.
Term: Sealing Of Records
Definition: The making of records unavailable to the public except by court order.
Term: Secured Transaction
Definition: Any transaction which is intended to create a security interest or lien in personal property or fixtures.
Term: Securities Acts
Definition: The various federal statutes that require full disclosure of material facts relevant to the offer or sale of stock.
Term: Security
Definition: Any note, stock, bond, debenture, evidence of indebtedness, certificate of interest or participation issued by a corporation indicating ownership; collateral.
Term: Security Agreement
Definition: An agreement which creates or provides for a security interest.
Term: Security Interest
Definition: An interest in real or personal property which secures or ensures payment of an obligation.
Term: Self-Incrimination
Definition: Statements by a defendant which would tend to admit guilt to a criminal offense. Under the Fifth Amendment, persons may refuse to answer questions or give testimony which would tend to subject them to criminal prosecution.
Term: Sequester Settlor
Definition: To protect a jury from outside influences or information; to take a thing which is the subject of a controversy and place it in the hands of a third party for protection. Person who establishes a trust.
Term: Service Mark
Definition: Any word, name, symbol, character, design, drawing or device used to identify services rendered and to distinguish them from services rendered or offered by others.]
Term: Sever
Definition: The separation of a case into two separate trials of a case where two or more defendants have been named in the same criminal indictment or information; the removal of one or more claims in a civil lawsuit so that such claims may be tried separately.
Term: Show Cause Order
Definition: An order issuing from the court requiring a party to appear and demonstrate why certain relief should or should not be granted.
Term: Side-Bar
Definition: An area of the courtroom out of the hearing range of the jury and witnesses, where the judge and attorneys can hold brief conferences.
Term: Small Claims Court
Definition: A court of limited jurisdiction that hears and tries claims involving lesser sums of money.
Term: Specific Performance
Definition: A remedy available to an injured party when the remedy at law is inadequate, whereby a defendant may be required to perform under the terms of a contract instead of paying money damages.
Term: SPECT
Definition: SPECT or Single Photon Emission Tomography produces a computerized image of the brain through utilization of radioactive isotopes. SPECT does not generally produce an image of the same quality as that produced by PET. Nonetheless, SPECT scanning can be an effective diagnostic tool.
Term: Speedy Trial
Definition: The rule of law arising under the 6th Amendment to the United States Constitution or under state constitutions mandating that a person accused of a crime be discharged in the event the prosecuting authorities fail to bring him/her to trial within certain specified periods of time.
Term: Standard Of Care
Definition: That which a reasonably prudent person would do under the same circumstances. Failure to comply with the standard of care will render a party liable for damages to an injured party.
Term: Standing
Definition: The right to present and prosecute a claim; standing is ordinarily dependent on having sustained a direct injury.
Term: Stare Decisis
Definition: The general rule that courts will abide with prior decisions and precedents and apply the same principles in every case.
Term: Statute
Definition: An act, code or rule enacted by the legislature and adopted as law.
Term: Statute Of Frauds
Definition: The requirement that certain types of contracts be in writing to be enforceable. Examples of such contracts include; contracts for the purchase or sale of land and agreements which by their terms cannot be performed within one year.
Term: Statute Of Limitations
Definition: A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.
Term: Stay
Definition: A temporary suspension of legal proceedings by court order.
Term: Stipulation
Definition: A voluntary agreement on an issue of fact or procedure reached between parties in a lawsuit.
Term: Strict Liability
Definition: Liability that arises without the necessity of first showing fault or negligence. For example, many states impose strict liability on the owners of animals that cause damage or injury.
Term: Sua Sponte
Definition: An action by the court of its own volition, without a motion having been made by any party.
Term: Sub Judice
Definition: Under consideration by the court.
Term: Subordination Agreement
Definition: An agreement establishing the priority of payment of claims, whereby a creditor may agree that claims of other creditors are discharged before payment is made to the subordinated creditor.
Term: Subpoena
Definition: A writ issued by the court to compel the appearance of a witness at a judicial proceeding.
Term: Subrogation
Definition: The right of an innocent party who has paid benefits as a result of a third party's wrongful action to recover such payments from the responsible party.
Term: Sui Juris
Definition: One who is competent and of the age of majority.
Term: Suit
Definition: Any judicial proceeding in which a remedy is sought.
Term: Summary Judgment
Definition: A judgment issued by the court before trial based upon a finding that there are no disputed issues of fact and that the applicable law compels a certain result.
Term: Summary Proceeding
Definition: An expedited proceeding under simplified rules, allowing the case to proceed to hearing quickly. Landlord-tenant matters are typically the subject of summary proceedings.
Term: Summation
Definition: The closing argument of the parties.
Term: Summons
Definition: A document issued by the clerk of the court requiring an appearance or answer to be filed by the defendant under penalty of having judgment entered or an arrest warrant issued.
Term: Supersedeas
Definition: A writ from a superior court suspending the power of a lower court to issue an execution upon a judgment issued by it.
Term: Supress
Definition: To exclude evidence based on a violation of constitutional rights, rule of law or procedure.
Term: Tangible Property
Definition: Property that may be felt or touched (as distinct from a debt or property right).
Term: Tender
Definition: An unconditional offer to pay or to perform a contractual obligation.
Term: Testate
Definition: Having a valid will.
Term: Testator/Testatrix
Definition: Male or female who makes or has a will.
Term: Testimony
Definition: Statement by a witness or a party made under oath in a legal proceeding or deposition.
Term: Third-Party Beneficiary
Definition: A person who receives an intended or incidental benefit by virtue of a contract to which he or she is not a party and for which he or she has paid no consideration.
Term: Time is of the Essence
Definition: A contract term that fixes the time of performance and establishes such time as being critical, so that failure to perform within such time will constitute a default.
Term: Tort
Definition: A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.
Term: Tortfeasor
Definition: One who commits a tort.
Term: Trade Name
Definition: The name under which a person does business, and which identifies the business.
Term: Trade Secret
Definition: Any formula, process, plan or mechanism developed and utilized in conjunction with one's business which is kept private or secret in order to obtain an advantage over competitors.
Term: Trademark
Definition: Any mark, word, or design affixed to goods or products which authenticates them.
Term: Treble Damages
Definition: Damages established by statute, most commonly applicable to anti-trust violations, whereby the plaintiff receives an award of three times the amount of actual damages.
Term: Trespass
Definition: Wrongful interference with the use of the property of another.
Term: Trial Court
Definition: A court of original jurisdiction which hears and tries a lawsuit.
Term: Trust
Definition: An entity or method through which assets can be held for distribution to beneficiaries at a later date.
Term: Trustee
Definition: A duly authorized agent or fiduciary who holds title to property for the benefit of another person; the administrator of a trust.
Term: Ultra Vires
Definition: An action by a corporation that is beyond the scope of powers conferred by statute or authorized by corporate documents.
Term: Underwrite
Definition: To insure payment or satisfaction of an obligation; to insure life or property; to sell stock or bonds to the public and agree to buy any that are not sold.
Term: Undue Influence
Definition: That degree of influence or compulsion that destroys or eliminates another's free will; any improper persuasion whereby the will of a person is overpowered inducing an action which otherwise would not have been taken.
Term: Uniform Commercial Code (U.C.C.)
Definition: A compilation of laws governing commercial transactions.
Term: United States Code
Definition: The official compilation of federal statutes.
Term: Unjust Enrichment
Definition: The doctrine that a person should not be allowed to gain or benefit improperly from the acts and efforts of another without compensation.
Term: Unliquidated
Definition: Not as yet determined as to amount.
Term: Usury
Definition: The wrongful charging of interest at a rate which exceeds that allowed by statute. Usury may constitute a crime under state law depending on the rate of interest charged.
Term: Vacate
Definition: To void or set aside a judgment or order.
Term: Variance
Definition: A modification of zoning ordinance regulations to permit the use of property in a manner otherwise forbidden, when such variance will not be contrary to the public interest.
Term: Venire
Definition: Process by which jurors are summoned to try a case; the jury panel.
Term: Venue
Definition: The place of trial; one of several places where a trial may properly be conducted.
Term: Verdict
Definition: The opinion and findings of a jury as reported to the court.
Term: Verification
Definition: An affidavit, oath or deposition attesting to the accuracy of a statement contained in a document.
Term: Vicarious Liability
Definition: Liability imposed on one person for the actions of another, as in the case of an employer who is vicariously liable for the acts of an employee performed in the course and scope of the employee's duties. See also Master and Servant.
Term: View
Definition: An inspection of an object by the court or jury where the object or location viewed cannot conveniently be produced in court.
Term: Void
Definition: Having no legal force; null.
Term: Voidable
Definition: Capable of being rendered void or annulled.
Term: Voir Dire
Definition: The process of examination of prospective jurors by the court or attorneys to determine their qualification for jury service and to uncover any biases or conflicts of interest.
Term: Waiver
Definition: The voluntary and intentional surrender of a right or privilege.
Term: Ward
Definition: A person for whom a guardianship has been established.
Term: Warranty
Definition: A promise to perform, make good, repair or indemnify the promissee for a loss incurred in the event a represented fact proves to be untrue; a promise that a fact is true.
Term: Warranty Deed
Definition: A deed which warrants and guarantees that the title being transferred is free and clear of all encumbrances.
Term: Weight Of The Evidence
Definition: The balance of the greater amount of credible evidence.
Term: Whiplash Injury
Definition: A soft-tissue injury to the neck or back usually associated with rear-end automobile collisions.
Term: Will
Definition: A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.
Term: Willful
Definition: Intentional; intending the result which comes to pass.
Term: With Prejudice
Definition: A phrase used in orders of judgments indicating that an action or claim has been irrevocably dismissed and the only available remedy thereafter is an appeal.
Term: Work Product
Definition: Work done by an attorney in the course of his representation of a client that is privileged and cannot be obtained by an adverse party.
Term: Worker's Compensation
Definition: Mandatory insurance under state law that pays medical and lost wage benefits to workers injured in the course and scope of their employment.
Term: Writ
Definition: The means by which a court compels acts to be performed, including such documents as an arrest warrant, garnishment and writs of attachment.
Term: Writ Of Assistance
Definition: A writ issued by a court in order to enforce its judgment or decree.
Term: Writ Of Execution
Definition: An order directed to a sheriff or other law enforcement officer to levy and execute upon the property of a judgment debtor to satisfy a judgment.
Term: Writ of Prohibition
Definition: A writ issued by a Superior Court directing a judge, court or tribunal not to take an action that would be in excess of and beyond its jurisdiction.
Term: Wrongful Death Statute
Definition: A state statute defining and limiting the types of compensation recoverable by survivors of a decedent in an action resulting from another's negligence.
Term: X-Ray
Definition: X-rays are electromagnetic waves. Unlike light waves, x-rays are stopped by solids or other dense radiopaque objects, including bone. X-rays pass through the body and exit from the opposite side where difference in density appear in shades of gray on x-ray film. An x-ray is a useful diagnostic tool available for visualization of structures within the body. X-rays are limited, however, when compared to other sophisticated imaging now available. X-rays are an excellent starting point, however. The most frequent application for x-ray is the diagnosis of fractures and dislocations, certain tumors, tuberculosis, osteoarthritis, and other structural anomalies. Skull x-rays may be used when the patient complains of headaches or other neurological symptoms. An x-ray test is said to be "positive" if the x-ray film reveals an alteration in normal anatomical structure (fracture, etc.), an invasion by a new growth such as a tumor, or displacement of brain structures such as that caused by a subdural hematoma.
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