Legal Glossary
Find clear meanings for important legal terms, expressions and principles.
Legal Glossary
REPLEVIN
An action brought to recover possession of goods unlawfully taken.
REPORTS
Published judicial cases arranged according to jurisdiction, court, period of time, subject matter or case significance.
RES
Latin: “A thing.” The thing over which a court exercises in rem jurisdiction.
RES IPSA LOQUITUR
Latin: “The thing speaks for itself.”
RES JUDICATA
Latin: “A thing adjudicated.” A doctrine that precludes parties from relitigating the same controversy.
RESCIND
To abrogate, annul, or cancel, especially as to contracts.
RESIDENCE
The place where one presently lives. Compare, DOMICILE.
RESPONDEAT SUPERIOR
Latin: “Let the master answer.” A doctrine holding employers liable for the negligence of its employees.
RESPONDENT
The party against whom a petition is filed.
RETAINER FEE
An advanced payment to an attorney for legal representation.
RETURN
Documentation delivered to the court showing execution of process.
REVIEW
To carefully consider a legal or factual issue.
RULE AGAINST PERPETUITIES
A common law rule that invalidates interests in real estate that vest too remotely in time.
RULE OF SEQUESTRATION (THE RULE)
The practice of excluding witnesses from the courtroom prior to the time for them to testify.
SANCTION
A judicial disciplinary action.
SCIENTER
Latin: “Knowingly.”
SCIRE FACIAS
Latin: “Cause it to be known.” A writ requiring the surety to show cause why a judgment nisi should not be made final.
SEARCH WARRANT
An order issued by a judge upon probable cause directing an officer to search a specified place for a specified thing.
SELF DEFENSE
Justifiably protecting oneself or others against an assault.
SENTENCE
Punishment imposed by the court upon a criminal defendant who has been convicted.
SEPARATE MAINTENANCE
Decree granting an allowance for the support of the spouse and any children during a period of separation.
SEQUESTRATION
1. The isolation of the jury or witnesses during a trial. 2. Authorized seizure of property pertinent to a lawsuit to prevent its removal, concealment, or transfer.
SERVICE OF PROCESS
The delivery of a summons, subpoena, etc., by an authorized person; official notification of a legal action or proceeding.
SET-OFF
See, COUNTERCLAIM.
SETTLEMENT
An agreement that resolves the claims and issues between the parties.
SETTLEMENT, STRUCTURED
An agreement where one agrees to pay sums of money to another over a specified period of time.
SHOW CAUSE
Procedure that affords a person the opportunity to give a satisfactory reason why the court should not make final a particular judgment, e.g. a show cause hearing on a judgment nisi.
SHOWUP
A police identification procedure in which the suspect is presented alone. Compare, LINEUP.
SINE DIE
Latin: “Without date.”
SINE QUA NON
Latin: “That without which the thing cannot be.” An indispensable thing or condition.
SITUS
Latin: “Place.”
SLANDER
A spoken defamatory statement. Compare, DEFAMATION.
SOCIAL GUEST
One who goes onto and remains on another’s property at the property owner’s invitation to enjoy hospitality or an event.
SOCIAL MEDIA
Formats for users to communicate electronically.
SOFTWARE
Computer programs such as operating systems and applications.
SOLICITOR
An English legal practitioner. Compare, BARRISTER.
SPECIAL COMMISSIONER
A non-lawyer appointed by the court to conduct a judicially ordered sale or partition of real or personal property.
SPECIAL MASTER
A qualified person appointed, upon written consent of the parties or a showing that an exceptional condition requires it, to perform a specified act. Such would include a referee, an auditor, an examiner, a commissioner, or a special commissioner.
SPECIAL VENIRE
The list of jurors summoned for a capital case.
SPECIAL VERDICT
A verdict requiring a special written finding upon each issue of fact.
SPECIAL WARRANTY DEED
A deed where grantor specially warrants to defend title only to those claims of grantor and those claiming through grantor. Compare, QUITCLAIM DEED.
SPECIFIC PERFORMANCE
An equitable remedy for a breach of contract compelling the performance of the terms of the contract.
STALKING
Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in reasonable fear of death or great bodily injury.
STARE DECISIS
Latin: “To stand by the thing decided.” Doctrine that a settled principal of law should be followed by the courts to preserve continuity in the rule of law.
STATUS OFFENSE
Conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
STATUS QUO
Latin: “The situation that currently exists.”
STATUTE
A law enacted by the legislature or Congress.
STATUTE OF FRAUDS
Statutory requirement that certain contracts be in writing and signed, e.g., the sale of lands.
STATUTE OF LIMITATIONS
See, LIMITATION OF ACTIONS.
STAY
The halting of a judicial process by court order.