Legal Terms: S
Sanction
courtsA penalty or punitive measure imposed by a court for violations of rules, orders, or standards of conduct.
Search and Seizure
criminalThe examination of a person's property by law enforcement and the taking of evidence. The Fourth Amendment protects against unreasonable searches and seizures.
Search Warrant
criminalA court order authorizing law enforcement to search a specific location for specific evidence of a crime, based on probable cause.
Second Amendment
constitutionalThe constitutional amendment protecting the right of individuals to keep and bear arms.
Secured Debt
bankruptcyA debt backed by collateral (property) that the creditor can seize if the debtor defaults.
Self-Incrimination
constitutionalThe act of providing testimony or evidence that exposes oneself to criminal prosecution. The Fifth Amendment protects against compelled self-incrimination.
Sentence
criminalThe punishment imposed by a court on a person convicted of a crime, which may include imprisonment, fines, probation, or community service.
Sequestration
civil procedureThe isolation of a jury from outside contact during deliberation, or the court-ordered seizure of property to preserve it during litigation.
Service of Process
civil procedureThe formal delivery of legal documents (summons, complaint) to a defendant or party, notifying them of legal proceedings and establishing the court's jurisdiction.
Setoff
civil procedureA defendant's right to reduce the plaintiff's claim by an amount the plaintiff owes the defendant, arising from a different transaction.
Settlement
civil procedureAn agreement between parties to resolve a dispute without a full trial, often involving the payment of money in exchange for dismissal of claims.
Seventh Amendment
constitutionalThe constitutional amendment preserving the right to a jury trial in civil cases where the amount in controversy exceeds twenty dollars.
Sine Qua Non
generalLatin for 'without which not.' An essential condition or element without which something cannot exist or occur.
Sixth Amendment
constitutionalThe constitutional amendment guaranteeing criminal defendants the right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and counsel.
Slander
tortA form of defamation involving false spoken statements that harm a person's reputation. Distinguished from libel, which involves written statements.
Slayer Rule
estateA legal principle preventing a person who intentionally kills another from inheriting from or benefiting from the victim's estate.
Small Claims Court
courtsA court with simplified procedures and low filing fees that handles minor civil disputes, typically involving amounts below $5,000-$10,000.
Sole Proprietorship
businessA business owned and operated by a single individual, with no legal separation between the owner and the business.
Sovereign
constitutionalThe supreme authority within a territory; in the U.S., sovereignty resides in the people and is exercised through federal and state governments.
Sovereign Immunity
constitutionalThe legal doctrine that the government cannot be sued without its consent, derived from the principle that the sovereign is immune from legal action.
Specific Performance
contractsAn equitable remedy requiring a party to fulfill their contractual obligations, typically ordered when monetary damages are inadequate (e.g., unique property sales).
Spousal Support
familyFinancial payments made by one spouse to the other during or after a divorce to maintain their standard of living. Also called alimony or maintenance.
Stakeholder
businessA person or entity with an interest in or affected by a course of action, transaction, or legal proceeding.
Standing
civil procedureThe legal requirement that a party bringing a lawsuit must have a sufficient connection to and harm from the issue, demonstrating a personal stake in the outcome.
Stare Decisis
generalLatin for 'to stand by things decided.' The legal principle obligating courts to follow precedent established by prior decisions on similar issues.
Statute
generalA law enacted by a legislative body (Congress, state legislature, or local council).
Statute of Frauds
contractsA legal principle requiring certain types of contracts to be in writing to be enforceable, including contracts for the sale of land and agreements lasting more than one year.
Statute of Limitations
civil procedureA law prescribing the maximum time period within which a legal action must be filed. The period varies by type of claim and jurisdiction.
Stay
civil procedureA court order suspending or halting legal proceedings or the enforcement of a judgment. In bankruptcy, the automatic stay stops creditor collection actions.
Strict Liability
tortLegal responsibility for damages or injury without proof of negligence or intent. Applied in product liability cases and abnormally dangerous activities.
Subordination
propertyAn agreement placing one creditor's claim or lien behind another's in priority.
Subpoena
civil procedureA court order requiring a person to appear as a witness or produce documents. A subpoena duces tecum specifically requires the production of documents.
Subrogation
generalThe substitution of one party for another regarding a legal claim or right, allowing the substituting party to pursue the claim.
Substantive Due Process
constitutionalThe constitutional doctrine protecting fundamental rights from government interference, regardless of the procedures used.
Substantive Law
generalLaw that defines rights, duties, and obligations, as distinguished from procedural law, which governs the process of enforcing those rights.
Successor
generalA person or entity that takes over the rights, obligations, or property of another, such as a corporate successor or heir.
Summary Judgment
civil procedureA court decision made without a full trial when the judge determines there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law.
Summons
civil procedureA notice served on a defendant informing them that a lawsuit has been filed and requiring them to appear in court or respond within a specified time.
Supersedeas Bond
civil procedureA bond posted by the appellant to stay (delay) the execution of a judgment during the appeal process.
Supremacy Clause
constitutionalArticle VI of the Constitution establishing that federal law is the supreme law of the land and takes precedence over conflicting state laws.
Supreme Court
courtsThe highest court in the United States (and in most state judicial systems), serving as the final arbiter of constitutional and federal legal questions.
Surety
contractsA person or entity that assumes responsibility for the debt, obligation, or performance of another party. A surety bond guarantees performance.