A B C D E F G H I J L M N O P Q R S T U V W

S

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.

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.

separation of witnesses - An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant.

sequester - To separate. Sometimes juries are sequestered from outside influences during their deliberations.

serve - To deliver a legal document, such as a complaint, summons or subpoena. Service constitutes formal legal notice.

settlement - Agreement resolving a dispute between parties in a lawsuit without trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

settlor - The person who sets up a trust. Also called the grantor or donor.

sheriff - An officer of a county, often chosen by popular election, whose principal duties are to aid the courts. The sheriff serves processes, summons juries, executes judgments and holds judicial sales.

sidebar conference - Confidential discussion between judge and attorneys to resolve legal matters, which could be prejudicial if aired before the jury.

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.

special appearance - Notice of the party that has been sued that he or she is aware of the lawsuit, but contests the court's authority over himself or herself. This prevents a defendant from losing a case by default.

special damages - A form of compensatory damages ordered paid when the injury done resulted from the other side's wrong but was not a natural or necessary consequence.

specific performance - Where damages would be inadequate compensation for the breach of a contract, the party who breached the contract will be compelled to perform specifically what he or she originally agreed to do.

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.

standing - The legal right to sue or enter a lawsuit on a particular matter.

stare decisis - The doctrine that, when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same.

statute - Law enacted by legislatures or executive officers, such as codes.

statute of limitations - A law that sets the time within which parties must take action to enforce their rights.

stay - A suspending of a judicial proceeding by order of the court.

stipulation - An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties.

strike - To remove improperly offered evidence from the court record.

style - The title of a lawsuit.

subpoena - A document issued by the court to compel a witness to appear and give testimony or to procure documentary evidence in a proceeding.

subpoena duces tecum - A process by which the court commands a witness to produce certain documents or records in a trial.

substantive law - Law dealing with rights, duties and liabilities, as distinguished from law that regulates procedure.

suit in equity - A civil case in which a court forbids or allows another person to take an action.

summary judgment - A court order that decides a case in favor of one side on the basis of affidavits or other evidence, before the trial commences. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law.

summons - Legal notice informing an individual of a lawsuit and the date and location of the court where the case will be heard.

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.

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.

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