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Glossary

sequester To separate. Sometimes juries are sequestered from outside influences during their deliberations.	special damages A form of compensatory damages ordered paid when the injury done resulted from the other sides wrong but was not a natural or necessary consequence.

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.

small claims court A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.	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 makers death.	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 partys 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.

special appearance Notice of the party that has been sued that he or she is aware of the lawsuit, but contests the courts authority over himself or herself. This prevents a defendant from losing a case by default.	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.	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.	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 beneficiarys support.	surety bond A bond purchased at the expense of the estate to insure the executors proper performance. Often called a fidelity bond.

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 judgment as a matter of law.	survivorship Another name for joint tenancy.

sale of approval A contract for the sale of goods subject to the buyers' approval.	sale of return An agreement whereby the seller will accept the return of goods at the request of the buyer to maintain goodwill, rather than because the seller is legally obliged to accept the returned goods.

secondary market The market where one member of the public sells securities to another member of the public.	Securities and Exchange Commissions (SEC) The federal agency responsible for administrating various federal statutes aimed at ensuring that prospective investors have access to full and correct information about the companies whose securities they are interested in purchasing.

slander Any false statement that harms a person's good name or reputation made in a temporary form, such as speech, and communicated to others.	special indorsement An indorsement in which the payee specifies the person to whom, or whose order, it is paid.

spam Unsolicited e-mail messages sent primarily for commercial purposes.	specific performance A court order directing a person to perform-or not perform-as he or she agreed to do in a contract.

stare decisis The practice of relying on previous decisions in which similar disputes arose.	Statute of Frauds A law requiring certain contracts to be in writing to be enforeable.

statutory law The field of law involving statues, which are laws passed by Congress or by state legislatures.	stop-payment order An instruction that a depositor gives to his or her bank not to pay a particular check.

stoppage in transit When a buyer is insolvent, the right of an unpaid seller to stop goods in transit and order the carrier to hold them for the seller.	strict liability The doctrine under which people may be liable for injuries to others whether or not they have been negligent or committed an intentional tort. That is, it is not necessary to prove fault to establish strict liability.

sublease A transfer of the tennant's interest in part of the term of the lease and/or part of the premises.	subculture An ethic,economic, regional,religous, or social group with attitudes or behavior that distinguish it from others within a larger culture.

substantial performance When a party to a contract, in good faith, executes all of the promised terms and conditions of the contract with the exception of minor details that do not affect the real intent of their agreement.	sunday agreement A contract made on a Sunday. In a small number of jurisdiction, such contracts are invalid unless they are ratified on a weekday.

superfund Federal legislation, otherwise known as the Environmental Repsonse, Compensation, and Liability Act (CERLA), that regulates the dumping of waste onto land.