Legal reference

Legal Glossary

Find clear meanings for important legal terms, expressions and principles.

Glossary – Letter S

Letter S53 entries

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.

STIPULATION

An agreement between attorneys on opposite sides of a case allowing a certain fact to be established in evidence without the necessity of further proof.

SUA SPONTE

Latin: “Of one’s own will.” Without prompting or suggestion; voluntarily.

SUB JUDICE

Latin: “Under judicial consideration.”

SUBLEASE

A lease whereby the tenant rents an interest in the leasehold property to a third party; creates a legal relationship known as sublessor and sublessee. Compare, LEASE.

SUBPOENA

Process requiring a witness to appear and give testimony at a deposition, hearing or trial.

SUBPOENA DUCES TECUM

Process requiring a witness to produce certain documents, records, or other tangible evidence at a deposition, hearing or trial.

SUBROGATION

One’s right to sue on the claim of another.

SUBSCRIPTION

Signature on a legal document.

SUI GENERIS

Latin: “Of its own kind.”

SUI JURIS

Latin: “Of one’s own right.” Full legal capacity.

SUMMARY JUDGMENT

A judgment made on the pleadings where there is no genuine issue of material fact requiring a trial and the prevailing party is entitled to a judgment as a matter of law.

SUMMONS

Legal notification of a lawsuit as set forth in M.R.C.P. 4 or as otherwise required by law.

SUPERSEDEAS

Latin: “You must desist.” A stay of legal proceedings pending an appeal, e.g., a supersedeas of a money judgment.

SUPERVISED PROBATION

A conditional suspension of a prison sentence as set forth in Miss. Code Ann. Section 47-7-33.

SUPRA

Latin: “Above.” Compare, INFRA.

SURETY

One who is liable for the debt of another in the event of default, e.g., a bail bondsman.

SUSPENDED SENTENCE

A prison sentence that a defendant does not have to serve upon successful completion of probation.