| Scienter |
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acting or failing to act with a level of
knowledge so as to make a person criminally or civilly responsible
for their actions or inactions. |
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| Search and
Seizure |
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a procedure whereby the police search a
residence or person for evidence of a crime. The procedure, and a
person's right to privacy are chiefly governed by the Fourth
Amendment to the Constitution and judicial opinions. |
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| Search
Warrant |
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A legal document authorizing law
enforcement officials to search a place or person. |
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| Securities |
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A document such as a stock, bond, or note
showing a share in a company or debt owed by a company. |
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| Self-Incrimination |
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Making statements that implicate yourself
in the commission of a crime. The Fifth Amendment to the
Constitution protects the right against self-incrimination. |
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| Separation |
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Two married people living apart; if it is
court ordered it is a legal separation. |
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| Separation
Agreement |
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Contract setting the terms for property,
child support, or other matters in the separation of a married
couple. |
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| Service of
Process |
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The delivery of notice of court proceedings
to the defendant. |
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| Settlement |
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Resolving a dispute before the final
decision of a judge or jury. |
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| Simultaneous Death
Act |
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When there is no evidence as to who died
first and distribution of property depends upon this fact, the law
in most states is that the property of the deceased will be
distributed as if the parties died at the same time. |
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| Slander |
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Defamation, false words that will damage
someone's reputation. |
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| Small Claims
Court |
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State court that only hears cases under a
certain dollar figure, usually $5,000. |
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| Specific
Performance |
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A party is required by a court of law to do
exactly what was agreed to. |
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| Standard of
Care |
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The level of care a reasonable person would
use in similar circumstances. The standard of behavior upon which
the theory of negligence is based upon. |
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| Standing |
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The prerequisite characteristics for
bringing a case into the judicial system as prescribed in the U.S.
Constitution. The courts will only hear controversies between
parties where one party has directly suffered a wrong at the hands
of the other party. |
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| State Attorney
General |
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The person and/or office responsible for
all legal affairs involving the state, including civil cases. |
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| Statue of
Limitations |
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The maximum amount of time that can lapse
after something happens for it to be taken to court. |
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| Statute of
Frauds |
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Requirement that a contract must be in
writing and signed to be enforceable. |
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| Stipulation |
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An agreement made between parties before
the court regarding court procedure. |
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| Stop and
Frisk |
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The procedure whereby the police pat down
the outer clothing of a suspected criminal in a search for weapons
or controlled substances. |
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| Strict
Liability |
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Liability without fault. Legal
responsibility for damages or injury without a showing of negligence
or fault. |
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| Subpoena |
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A court order to appear in court. |
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| Summary
Judgment |
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A court decision made prior to trial based
upon a claim made by a party that even if the factual assertions of
the opposing party are found true, they still have no legal
remedies. |
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| Summons |
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A notice delivered by an authorized person
of the court informing a person of their involvement in a
lawsuit. |
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| Suppression of
Evidence |
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Refusing to allow evidence to be introduced
in a criminal proceeding if the evidence was gathered
illegally. |
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| Surety |
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A person who guarantees another's debt will
be paid. |
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| Survivorship |
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The right of a property owner who outlives
other joint owners of the property to own the entire
property. |
