Glossary

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Term Definition
Settlor

The person who sets up a trust. Also called the grantor.

Show cause order

Court order requiring a person to appear and show why some action should not be taken.

Sidebar

A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

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.

Sovereign immunity

The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent.

Specific performance

A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Speedy trial

A rule of law wherein the defendant must be brought to trial within 180 days (effective Jan. 1, 1994).

Spendthrift trust

A trust set up for the benefit of someone who the grantor believes would be incapable of managing his/her own financial affairs.

Standing

The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Stare decisis

The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.

Statement of particulars

A detailed statement of the offense charged, sufficient to enable the defendant to properly prepare his/her defense.

Status offenders

Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have committed no crime), but rather are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court.

Statute of limitations

The time within which a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must being charges (in criminal cases.) There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

Statutory construction

Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory law

Law enacted by the legislative branch of government, as distinguished from case law or common law.

Stay

A court order halting a judicial proceeding.

Stipulation

An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Strike

Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.

Sua sponte

A Latin phrase which means on one's own behalf; voluntary, without prompting or suggestion.