术语
|
定义
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sanction |
Penalty for failure to comply with rule, order or law. |
satisfaction |
See accord and satisfaction. |
search warrant |
Written order issued by a judge that permits a law enforcement officer to search a specific area for specific items. |
secondary evidence |
See best evidence. |
secured debt |
Debt in which debtor2 gives creditor3 a right to repossess property or goods (called collateral) if debtor defaults on the loan. |
self-defense |
Use of force to protect one's self, family or property from harm or threatened harm by another. |
self-incrimination, privilege against |
Right of people to refuse to give testimony4 against themselves. Guaranteed by Fifth Amendment5 to U.S. Constitution. Asserting right is often referred to as "taking the Fifth." |
self-proving will |
Will whose validity does not have to be testified to in court by witnesses to it since the witnesses executed an affidavit6 reflecting proper execution of will prior to maker's death. |
sentence |
Punishment inflicted7 on a person convicted of crime. |
sentencing guidelines |
Set of guidelines introduced to ensure conformity8 in sentencing throughout Pennsylvania. Federal government and several other states also use. |
sentencing report |
See pre-sentencing report. |
separation of witnesses |
See sequestration of witnesses. |
sequestration |
Keeping all jurors together during a trial to prevent them from being influenced by information received outside courtroom. |
sequestration of witnesses |
Keeping all witnesses (except plaintiff and defendant9) out of courtroom except for their time on the stand to prevent them from hearing testimony of other witnesses. Also called separation of witnesses. |
service |
Delivery of legal document, such as complaint, summons or subpoena10. |
settlor |
See grantor. |
sidebar |
Conference between judge and lawyers, usually in courtroom, out of earshot of jury and spectators. |
slander11 |
False and defamatory spoken words tending to harm another's reputation, business or means of livelihood12. Compare libel. |
small claims court |
Court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney. |
sovereign immunity13 |
Doctrine14 that a government, either state or federal, is immune to lawsuits16 unless it gives its consent. |
specific performance |
Remedy requiring person who has breached17 a contract to fulfill18 his/her part of the contract, as opposed to simply paying damages. Ordered when paying damages would be inadequate19 or inappropriate. |
spendthrift trust |
Trust set up for benefit of someone whom grantor believes would be incapable20 of managing his/her own financial affairs, and to keep money out of hands of creditors21. |
standard of proof |
See burden of proof. |
standing22 |
Legal right to bring a lawsuit15. |
stare decisis (STEHR ee dih SYE sis) |
Doctrine that courts will follow principles of law laid down in previous cases. Compare precedent23. |
state's evidence |
Testimony given by accomplice24 or participant in a crime, given under promise of immunity or reduced sentence, to convict others. |
status offenders25 |
Youths who habitually27 engage in conduct not considered criminal if committed by an adult, but which cause charges to be brought in juvenile28 court and show minor29 is beyond parental30 control, e.g., being truant31 from school. |
status offense32 |
Act declared to be an offense when committed by a juvenile, e.g., habitual26 truancy33, running away from home, violating curfew. |
statute34 |
Law enacted35 by legislative36 branch of government. Also called statutory law. Compare common law. |
statute of limitations |
Timeframe within which a lawsuit must be brought or an individual charged with a crime. Differs for different types of cases/crimes or in different states. |
statutory construction |
Process by which a court seeks to interpret legislation. |
statutory law |
See statute. |
stay |
Court order halting a judicial37 proceeding38 or the action of halting such proceeding. |
stenographer39 |
See court reporter. |
stipulation40 |
Agreement by attorneys on both sides of a case about some aspect of the lawsuit, e.g., to extend time to answer, to adjourn41 trial date. |
sua sponte (SOO eh SPON tee) |
On one's own behalf. Voluntary, without prompting or suggestion. |
sub judice (sub JOO dih SEE) |
Before a court or judge; under judicial consideration. |
sui generis (SOO ee JEN er iss) |
Of its own kind or class; the only one of its kind. |
sui juris (SOO ee JUR iss) |
Of his own right. Possessing full social and civil rights. |
subpoena (suh PEE nuh) |
Court order compelling a witness to appear and testify. |
subpoena duces tecum (suh PEE nuh DOO sess TEE kum) |
Court order commanding a witness to bring certain documents or records to court. |
subrogation |
Substituting one person in place of another in asserting a lawful42 claim, demand or right. |
substantive43 evidence |
Evidence presented to prove a fact in issue. |
substantive law |
Law which creates, defines and regulates rights. Compare procedural law. |
summary |
Quickly executed. |
summary judgment44 |
Judgment made when there are no disputes of the facts of a case and one party is entitled to prevail as matter of law. |
summary offense |
In Pennsylvania a violation45 of law punishable by imprisonment46 for up to 90 days and/or a fine not exceeding $300. |
summons |
Notice to a defendant that he/she has been sued and is required to appear in court. Also, notice requiring person receiving it to report for jury duty or as witness in a trial. As relates to potential jurors, also called venire. |
sunshine laws |
Laws forbidding or restricting closed meetings of government bodies and providing for public access to records. |
supersedeas (SOO per SEE dee uhss) |
Writ1 issued by appellate court to preserve the status quo pending47 review of a judgment or pending other exercise of its jurisdiction48. |
support trust |
Trust that instructs trustee to spend only as much as needed for beneficiary's support. |
suppress |
To forbid use of evidence at trial because it is improper49 or was improperly50 obtained. See exclusionary51 rule. |
survivorship |
Another name for joint52 tenancy. |
sustain |
Court order allowing an objection or motion to prevail. |
suspended sentence |
Sentence postponed54 by order of the court. Also, decision of court to postpone53 pronouncement of sentence. |
swindling |
Obtaining money or property by fraud or deceit |