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Glossary of Personal Injury Law Terms
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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.
Secured Debt: In bankruptcy proceedings, a
debt is secured if the debtor gave the creditor a right
to repossess the property or goods used as collateral.
Self-Defense: Claim that an act otherwise
criminal was legally justifiable because it was
necessary to protect a person or property from the
threat or action of another.
Self-Incrimination, Privilege Against: The
constitutional right of people to refuse to give
testimony against themselves that could subject them to
criminal prosecution. The right is guaranteed in the
Fifth Amendment to the U.S. Constitution. Asserting the
right is often referred to as taking the Fifth.
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 maker's death.
Sentence: The punishment ordered by a court
for a defendant convicted of a crime. A concurrent
sentence means that two or more sentences would run at
the same time. A consecutive sentence means that two or
more sentences would run one after another.
Sentence Report: A document containing
background material on a convicted person. It is
prepared to guide the judge in the imposition of a
sentence. Sometimes called a presentence report.
Sequester: To separate. Sometimes juries are
separated from outside influences during their
deliberations. For example, this may occur during a
highly publicized trial.
Sequestration of Witnesses: Keeping all
witnesses (except plaintiff and defendant) out of the
courtroom except for their time on the stand, and
cautioning them not to discuss their testimony with
other witnesses. Also called separation of witnesses.
This prevents a witness from being influenced by the
testimony of a prior witness.
Service: The delivery of a legal document,
such as a complaint, summons, or subpoena, notifying a
person of a lawsuit or other legal action taken against
him or her. Service, which constitutes formal legal
notice, must be made by an officially authorized person
in accordance with the formal requirements of the
applicable laws.
Settlement: An agreement between the parties
disposing of a lawsuit.
Settlor: The person who sets up a trust. Also
called the grantor.
Several Liability: Liability separate and
distinct from the liability of another which is
sufficient to support a lawsuit without reference to
anyone else's liability.
Severance of Actions: Judicial proceeding
separating the claims of multiple parties and permitting
separate actions on each one or some combination of
them.
Service of Process: Providing a formal notice
to the defendant that orders him to appear in court to
answer plaintiff’s allegations.
Show Cause Order: Judicial direction to appear
in court and present reasons why the court should not
take a proposed action.
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.
Social Host Liability: The liability of a
person (the "social host") who furnishes free
alcoholic beverages to another (the "guest"),
when the guest subsequently sustains injuries or causes
injury to a third person because of his intoxication.
Sovereign Immunity: The doctrine that the
government, state or federal, is immune to lawsuit
unless it gives its consent.
Special Jurisdiction: Power of a court to deal
with only a limited type of case.
Specific Loss: In a workers' compensation
case, this is the compensation payable for loss
(amputation) or permanent loss of use of members of the
body, complete loss of hearing in one or both ears, loss
of vision in one or both eyes, and disfigurement.
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.
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.
Spoliation: Generally, the destruction of
evidence.
Stack or Stacking: In Pennsylvania automobile
insurance law, purchasers of insurance have the option
to "stack" uninsured and underinsured motorist
coverage. If you choose "stacking," this means
that you can add the coverage together for each vehicle
you have insured, at least under the policy. (An issue
presently exists as to whether you can "stack"
coverages under separate policies of insurance.) For
example, if you have two vehicles, with
$100,000/$300,000 (meaning $100,000 available per
person, and $300,000 available per accident) in
uninsured or underinsured motorist coverage, you can
"stack" the coverages and have available
$200,000/$600,000 in coverage.
Standard of Care: In the law of negligence,
the degree of care which a reasonable, prudent or
careful person should exercise under the same or similar
circumstances. If the standard falls below that
established by law for the protection of others against
unreasonable risk of harm, the person may be liable for
damages resulting from such conduct.
Standard of Proof or Burden of Proof: Degree
of proof required in a specific kind of case to prevail.
In the majority of civil cases, it is proof by a
preponderance of the evidence.
Standing: The legal right to bring a lawsuit.
Only a person with something at stake has standing to
bring a lawsuit.
Stare Decisis: Policy of the courts to not
overturn precedents; adherence to precedents.
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: Generally, a law created by a
legislature.
Statute of Limitations: The time prescribed by
statute in which a plaintiff can bring a lawsuit.
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: Court-ordered suspension of a judicial
proceeding.
Strict Construction: Judicial interpretation
of the law whereby the judge adheres to the literal
meaning of the words. Compare with liberal construction
which expands the literal meaning of the statute to meet
cases that are clearly within the spirit or reason of
the law.
Strict Liability: Doctrine that holds
defendants liable for harm caused by their actions
regardless of their intentions or lack of negligence.
Often applied to manufacturers or sellers of defective
products in products liability cases.
Stroke: Damage to a part of the brain when its
blood supply is suddenly reduced or stopped. This
stoppage in blood flow can occur as the result of a
blood vessel becoming blocked or bursting inside the
brain. The part of the brain deprived of blood dies and
can no longer function.
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.
Subject Matter Jurisdiction: The court's power
to deal with the general subject matter involved in a
case. For example, a bankruptcy court judge has no
subject matter jurisdiction to hear a divorce case.
Subornation of Perjury: Procuring someone to
make a false statement under oath.
Subpoena: Command to appear at a certain place
and time to give testimony on a matter.
Subpoena Duces Tecum: Command to produce some
document or paper.
Subrogation: Substitution of one person for
another, giving the substitute the same legal rights as
the original party. For example, an insurance company
may have a right of subrogation to sue anyone whom the
person it compensated had a right to sue.
Substantive law. The body of law that creates,
defines and regulates right. Compare with procedural law
which prescribes the manner to enforce rights or
obtaining redress for invasion of rights.
Sue: The act of bringing a lawsuit.
Suit or Lawsuit: Generally, a
court action brought by one person, the plaintiff,
against another, the defendant , seeking compensation
for some injury or enforcement of a right.
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: Formal document beginning a civil
action or special proceeding which is a means to gain
jurisdiction over a party. Also, a document directed to
a sheriff or other authorized person ordering him to
serve the person named on the summons who must appear at
a certain place and time to respond to the action.
Supplier of Goods: In products liability law,
all parties in the chain of supply of a product for
profit, including manufacturers, sellers, and dealers.
Supplemental Agreement: In a workers'
compensation case, this is the form signed by the
injured employee when there has been a change in
disability status.
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.
Survival Action: A survival action is brought
by the administrator of a deceased person's estate in
order to recover loss to the estate resulting from a
tort. A survival action continues in the decedent's
personal representative a right of action which accrued
to the decedent at common law because of a tort. A
survival action, unlike a wrongful death action, is not
a new cause of action. Where death is caused by
negligence, both a survival action and a wrongful death
action may be brought.
Survival Statutes: Statutory law that provides
for a legal action to continue after the death of a
person involved in the action.
Survivorship: Another name for joint tenancy.
Sustain: A court ruling upholding an objection
or a motion.
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