Screening & Risk mitigation Glossary*
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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).
Spendthrist 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.
Subpoen: Command to a person to appear and testify in a specific proceeding.
Subpoena Duces Tecum: A court order commanding a witness to bring certain documents or records to court.
Summary judgment: A decision made on the basis of statements and evidence presented for the record without a trial. 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.
Summons: A document signed by a deputy clerk ordering a person to appear before the court. 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 beneficiary's support.
Suppress: To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.
Surety Bond: A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond.
Survivorship: Another name for joint tenancy.
Sustain: A court ruling upholding an objection or a motion.
Sworn complaint affidavit: A sworn, witnessed complaint filed with the Clerk of the Court.
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