Legal Terms- S Flashcards Preview

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Flashcards in Legal Terms- S Deck (34):
1

SALE

A contract whereby the ownership of property is transferred from one person to another for a sum of money or for any consideration.

2

SANCTION

A penalty or punishment provided as a means of enforcing obedience to a law; also, an authorization.

3

SATISFACTION

The discharge of an obligation by paying a party what is due to him; or what is awarded to him by the judgement of court or otherwise.

4

SCIENTER

Knowingly; also, it is used in pleading to denote the defendant's guilty knowledge.

5

SCINTILLA

A spark; also the least particle.

6

SECRET OF STATE

Governmental secret relating to the national defense or the international relations of the United States.

7

SECURITY

Indemnification; the term is applied to an obligation, such as a mortgage or deed of trust, given by a debtor to insure the payment or performance of his debt, by furnishing the creditor with a resource to be used in case of the debtor's failure to fulfill the principal obligation.

8

SENTENCE

The judgement formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution.

9

SET-OFF

A claim or demand which one party in an action credits against the claim of the opposing party.

10

SHALL and MAY

"Shall" is mandatory and "may" is permissive.

11

SITUS

Location.

12

SOVEREIGN

A person, body or state in which independent and supreme authority is vested.

13

STARE DECISIS

To follow decided cases.

14

STATE

"State" means this State unless applied to the different parts of the United States. In the latter case, it includes any state, district, commonwealth, territory, or insular possession of the United States, including the District of Columbia.

15

STATEMENT

(a) Oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression.

16

STATUTE

An act of the legislature. Includes a treaty.

17

STATUTE OF LIMITATION

A statute limiting the time to bring an action after the right of the action has arisen.

18

STAY

To hold in abeyance an order of the court.

19

STIPULATION

Any agreement made by opposing attorneys regulating any matter incidental to the proceedings or trial.

20

SUBORDINATION (AGREEMENT)

An agreement making one's rights inferior to or of a lower rank than another's.

21

SUBORNATION

The crime of procuring a person to lie or to make false statements to a court.

22

SUBPOENA

A writ or order directed to a person, and requiring his attendance at a particular time and place to testify as a witness.

23

SUBPOENA DUCES TECUM

A subpoena used, not only for the purpose of compelling witnesses to attend in court, but also requiring them to bring with them books or documents which may be in their possession, and which may tend to elucidate the subject matter of the trial.

24

SUBROGATION

The substituting of one for another as a creditor, the new creditor succeeding to the former's rights.

25

SUBSIDY

A government grant to assist a private enterprise deemed advantageous to the public.

26

SUI GENERIS

Of the same kind.

27

SUIT

Any civil proceeding by a person or persons against another or others in a court of justice by which the plaintiff pursues the remedies afforded him by law.

28

SUMMONS

A notice to be a defendant that an action against him has commenced and requiring him to appear in court and answer the complaint.

29

SUPRA

Above; this word occurring by itself in a book refers the reader to a previous part of the book.

30

SURETY

A person who binds himself for the payment of a um of money or for the performance of something else, for another.

31

SURPLUSAGE

Extraneous or unnecessary matter.

32

SURVIVORSHIP

A term used when a person becomes entitled to property by reason of his having survived another person who had an interest in the property.

33

SUSPEND SENTENCE

Hold back a sentence pending good behavior of prisoner.

34

SYLLABUS

A note prefixed to a report, especially a case, giving a brief statement of the court's ruling on different issues of the case.