Sanction
This is a very unusual word with two contradictory meanings. To "sanction" can
mean to ratify or to approve but it can also mean to punish. The "sanction" of
a crime refers to the actual punishment, usually expressed as
a fine or jail term.
Sanctuary
A special criminal law option available in Medieval times
to persons who had just committed a crime, allowing
them to seek refuge in
a church or monastery. There, they could be exempted from the
normal prosecution which, in those days, was quite severe (see,
for example, The Law's Hall of Horrors). But the ordeal, even
within sanctuary, was no piece of cake. The fugitive had to
remain within the walls of the sanctuary, abandon his
or her oath to
the king, followed which they had a short period of time to
leave the country. They were considered to be "dead", so much
so that their land was forfeited to the King and their wife considered
to be a widow. If they refused to renounce their oath, they could
be starved out of the sanctuary. Henry VIII of England even took
to branding them with a hot iron before they left the country
just in case they tried to return; they could then be quickly
spotted and arrested. Abolished from the common law in 1624 and,
in France, at the time of the Revolution, the principle of sanctuary
continues today, in somewhat altered form, as diplomatic asylum
under international law.
SCR
State Case Registry of Child Support Orders
SDNH
State Directory of New Hires
SDU
State Disbursement Unit
Search warrant
A court order (i.e. signed by a judge) that gives a police
the permission to enter private property and to search
for evidence
of the commission of a crime, for the proceeds of crime or property
that the police suspect may be used to commit a crime. These
court orders are obtained on the basis of a sworn statement
by the requesting
law enforcement officer and will precisely describe the place
to be searched and, in some cases, the exact property being
sought.
Securities Law
the area of law dealing with securities, which is the generic
term for shares of stock, bonds and debentures issued by corporations
and governments to evidence ownership and terms of payment of
dividends or final pay-off. They are called securities because
the assets and/or the profits of the corporation or the credit
of the government stand as security for payment. However, unlike
secured transactions in which specific property is pledged,
securities are only as good as the future profitability
of the corporation
or the management of the governmental agency.
Seisin
The legal possession of property. In law, the term refers
more specifically to the possession of land by a freeholder.
For example,
a owner of a building has seisin, but a tenant does not, because
the tenant, although enjoying possession, does not have the
legal title in the building.
Sentence
The punishment given to a person who has been convicted
(i.e. found to be guilty) of a crime. It may be time
in jail, community
service or a period of probation.
Sequestration
The taking of someone's property, voluntarily (by deposit)
or involuntarily (by seizure), by court officers or
into the possession
of a third party, awaiting the outcome of a trial in which ownership
of that property is at issue.
Servient tenement
The land which suffers or has the burden of an easement.
The beneficiary of the easement is called a dominant
tenement.
Servitude
From Roman law, referring to rights of use over the property
of another; a burden on a piece of land causing the
owner to suffer
access by another. An easement is type of servitude as is a
profit á prendre.
SESA
State Employment Security Agency
Settlor
The person who actually creates a trust by donating property
to be managed and administered by a trustee but from
which all profits
would go to a beneficiary. The law books of some countries refer
to this person as a "donor."
Sexual Harassment
the area of law dealing specifically with discrimination
consisting of unwelcome verbal or physical conduct directed
at an employee
because of his or her sex.
Share
A portion of a company bought by a transfer of cash in exchange
for a certificate, the certificate constituting proof of share
ownership. Persons owning shares in a company are called "shareholders".
There are two basic kinds of shares: common and preferred. A shareholder
is not liable for the debts or other obligations of the company
except to the extent of any commitment made to buy shares. The
two other benefits of shares include a right to participate in
profits (through dividends) and the right to share the residue
of assets of the company, once liabilities have been paid off,
if it is ever dissolved.
Shareholder agreement
A contract between the shareholders of the company and the
company itself, in which certain things, usually the
purview of the board
of directors, are detailed. For example, a shareholder might
be allowed to manage the company, instead of a board
of directors.
The shareholder agreement will also, typically, control inflows
to the company (purchase of shares), how profits are to be distributed,
dispute resolution and what to do if a shareholder dies.
Silent partner
A person who invests in a company or partnership but does
not take part in administering or directing the organization;
he or
she just shares in the profits or losses.
Sine die
Adjourned without giving any future date of meeting or hearing.
A court that adjourns sine die essentially dismisses the case
by saying that it never wants to hear the case again! A meeting
which adjourns sine die has simply not set a date for it's next
meeting.
Slander
Verbal or spoken defamation.
Slander of title
Intentionally casting aspersion on someone's property including
real property, a business or goods (the latter might also be
called "slander
of goods"). A form of jactitation. For example, stating that
a house is haunted or alleging that a certain product infringes
a patent or copyright.
Slavery
When a person (called "master") has absolute power over
another (called "slave") including life and liberty.
The slave has no freedom of action except within limits set by
the master. The slave is considered to be the property of the
master and can be sold, given away or killed. All the fruits of
the slave's labor belongs to the master (see, for example, the
extract from "The 1740 South Carolina Slave Code" in
the History of the Law). Slavery was once very prevalent in the
world but is now illegal in most countries.
Small Business
the area of law that involves the creation and needs of "small
business". A small business can be any activity or enterprise
entered into for profit, usually a company, a corporation, partnership,
or any such formal organization.
Small claims
A regular court but which has simplified rules of procedure
and process to deal with claims of a lesser value. Many
jurisdictions
have established small claims courts which, because of their
structures and reliance on deformalized proceedings,
allow for expedited
hearings and where representation by lawyer is not required
or encouraged. Some typical distinctive characteristics
of small
claims courts include the ability to serve by regular mail and
to seize both a court and an adversary at far less cost than
in ordinary courts.
Socage
A term of the feudal system which referred to the tenure
which was exchanged for certain goods or services which
were not military
in nature. Socage is often described as "free and common
socage" although the "free and common" qualification
is now of a purely historical significance.
Social Security/Disability Law
the area of law assisting those who, due to a disability,
require a program of public provision for the economic
security and social
welfare of the individual and his or her family.
Solicitor
A lawyer that restricts his or her practice to the giving
of legal advice and does not normally litigate. that
court room. In England
and some other Commonwealth jurisdictions, a legal distinction
is made between solicitors and barristers, the former with exclusive
privileges of giving oral or written legal advice, and the latter
with exclusive privileges of preparing and conducting litigation
in the courts. In other words, solicitors don't appear in court
on a client's behalf and barristers don't give legal advice
to clients. In England, barristers and solicitors work
as a team:
the solicitor would typically make the first contact with a
client and if the issue cannot be resolved and proceeds
to trial, the
solicitor would transfer the case to a barrister for the duration
of the litigation. Lawyers in some states, such as Canada, sometimes
use the title "barrister and solicitor" even though,
contrary to England, there is no legal distinction between the
advising and litigating roles. Canadian lawyers can litigate or
give legal advice (as is the case in the USA, where lawyers are
referred to as "attorneys").
Sovereign
Has two meanings. The first one is a technical word for
the monarch (king or queen) of a particular country
as in "the Sovereign
of England is Queen Elizabeth." The other meaning of the
word is to describe the supreme legislative powers of a state:
that they are totally independent and free from any outside political
control or authority over their decisions. The people of Quebec,
for example, has, at times, supported governments which have proposed
that Quebec become a "sovereign" state; that all legislative
authority of the government of Canada over their territory cease
and that the government of Quebec be enabled to regulate in any
matter at all; and that the government of Quebec represent itself
internationally.
Split custody
A child custody decision which means that legal custody
goes back and forth between parents like a ping-pong
ball, as they, in turn,
take care of the child. They are very rare (for example, only
5% of all custody orders in the USA) because they works against
consistent upbringing decisions for the child.
SPLS
State Parent Locator Service
SPLS
State Parent Locator Service
SSA
Social Security Administration
SSN
Social Security Number
Standing committee
A term of parliamentary law which refers to those committees
which have a continued existence; that are not related
to the accomplishment
of a specific, once-only task as are ad hoc or special committees.
Standing committees generally exist as long as the organization
to which it reports. Budget and finance or nomination committees
are typical standing committees of a larger organization.
Stare decisis
A basic principle of the law whereby once a decision (a
precedent) on a certain set of facts has been made,
the courts will apply
that decision in cases which subsequently come before it embodying
the same set of facts. A precedent which is binding; must be
followed.
State
A term of international law: those groups of people which
have acquired international recognition as an independent
country and
which have four characteristics; permanent and large population
with, generally, a common language; a defined and distinct territory;
a sovereign government with effective control; and a capacity
to enter into relations with other states (i.e. recognized by
other states). The USA, Canada and China are examples of states.
States are the primary subjects of international law. The United
Nations is comprised of all the states of the world. Some large
states have subdivided into smaller units each having limited
legislative powers normally restricted to subjects which are
more properly regulated at a local, rather than a national
level. Thus,
the states of the USA are not really "states" under
international law. It is common for the general public and English
dictionaries to use the word "nations" to refer to what
international law calls "states."
State Parent Locator Service (SPLS)
a service operated by the State Child Support Enforcement
Agencies to locate noncustodial parents to establish
paternity, and establish
and enforce child support obligations
Statute Of Limitations
the period during which someone can be held liable for an
action or a debt-statutes of limitations for collecting
child support
vary from State to State
Statutes
The written laws approved by legislatures, parliaments or
houses of assembly (i.e., politicians). Also known as "legislation".
The written laws of the Canadian Province of Newfoundland, for
example, are in a multi-volume set of books called the Statutes
of Newfoundland.
Statutory rape
The common law definition of rape has not proven adequate
to reflect modern values. It is limited to sex without
consent and with a
woman, and only where the victim is not the wife of the rapist.
Many states have enacted laws which include under the charge
of rape, sex with a minor even if done with the minor's
consent,
sex without consent regardless of whether the victim is male
or female, and sex without consent regardless of the
matrimonial
bond between victim and rapist.
Statutory trust
A trust created by the effect of a statute. They are usually
temporary in nature and serve the purpose of bridging
ownership of property
to benefit a certain class of individuals which the statute
is designed to protect. Some examples are the temporary
trusts that
the law of some states impose on the executor of an estate,
the holding and administration of tax or other pay deductions
(including
vacation pay) by employers, the trust accounts of lawyers and
the statutory trust on money paid for a construction project
on behalf of any person who might have a construction
lien on the
property.
Stay
an order by a court which suspends all or some of the proceedings
in a case
Stirpes
Latin: the offspring of a person; his or her descendants.
For example, inheriting per stirpes means having a right
to a deceased's
estate because you happen to be a descendant of the deceased.
Strict liability
Tort liability which is set upon the defendant without need
to prove intent, negligence or fault; as long as you
can prove that
it was the defendant's object that caused the damage.
Sub judice
A matter that is still under consideration by a court. You
will hear of politicians declining to speak on a certain
subject because
the subject matter is "sub judice".
Subinfeudation
The process whereby, under the feudal system of tenure,
a person receiving a grant of land from a lord, could
himself become a
lord by subdividing and subletting that land to others.
Subordination
To be subject to the orders or direction of another; of
lower rank.
Subpoena
an order of the court for a witness to appear at a particular
time and place to testify and/or produce documents in the control
of the witness (if a "subpena duces tecum"). A subpena
is used to obtain testimony from a witness at both depositions
(testimony under oath taken outside of court) and at trial.
Subrogation
When you pay off someone's debt and then try to get the
money from the debtor yourself. (Compare with "novation".)
Subservient tenement
The real property that supports or endures an easement.
The real property benefitting from an easement is called
the dominant tenement.
Substituted service
If a party appears to be avoiding service of court documents,
a request may be made with the court to, instead of personal
service (i.e. giving the document directly to the person),
that the document
be published in a local newspaper, served on a person believed
to frequent the person or mailed to his (or her) last known
address.
Successor
A person who takes over the rights of another.
Sui juris
A person who possesses full civil rights and is not under
any legal incapacity such as being bankrupt, of minor
age or mental
incapacity. Most adults are sui juris.
Summary conviction offence
In Canada, a less serious offence than indictable offences
for which both the procedure and punishment tends to
be less onerous.
Summons
In the USA, this is one of the initial documents issued
in a civil suit; giving the defendant notice of the
claim and an opportunity
to defend it. The summons also gives the court which issues
it the authority to dispose of the matter. In Canadian
criminal law,
this is the document used by the police to compel an accused
to attend court to answer the charges. It does not involve
the arrest
of the accused and is used where the police, either by the relatively
less serious nature of the crime or because of the standing
of the accused in the community, do not believe that
arrest is necessary
to ensure the attendance of the accused at court.
Surety
The person who has pledged him or herself to pay back money
or perform a certain action if the principal to a contract
fails,
as collateral, and as part of the original contract. Technically,
where a person provides collateral after or before the original
contract is signed, and as a separate contract, the person is
called a "guarantor" and not a "surety."
Synallagmatic contract
A civil law term for a reciprocal or bilateral contract:
one in which both parties provide consideration. A contract
of sale is
a classic example, where one party provides money and the other,
goods or services. A gift is not a synallagmatic contract.
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