Legal Definitions S

Scienter: (lat.) knowledge, prior knowledge

Scintilla: a very minute amount of evidence

Sequester: to separate, in law, refers to the isolation of the jury from the world outside the courtroom in order that they will not be influenced from events and information not presented in the trial

Seventh Amendment: the amendment to the U.S. Constitution that entitles every individual to the right to have his/her civil case heard by a jury if the mount in controversy exceeds twenty dollars

Show Cause Order: a command from the court to appear before it and explain why something should not be done

Side-Bar: an area of the courtroom where the judge and attorneys can converse outside of the jury's hearing

Sixth Amendment: the amendment to the U.S. Constitution that entitles the accused in a criminal trial the right to a speedy trial by a jury, SEE SEVENTH AMENDMENT for civil matters

Sovereign Immunity: a doctrine granting immunity to the sovereign unless the sovereign consents to be sued; see GOVERNMENTAL IMMUNITY

Specific Performance: a remedy requiring a person who has breached a contract to perform specifically what was agreed upon and is available only when money damages would not suffice

Standing: the legal right of a person or entity to bring a lawsuit

Stare Decisis: (lat.) to stand by that which was decided; the legal principle that a lower court will follow that which has already been decided by a previous case

Statute of Limitations: the statutory law which establishes the time within which a lawsuit must be brought or be forever barred

Stipulation: an agreement by the attorneys on both sides about some aspect of the case

Strict Liability: liability without a showing of negligence

Sub Judice: (lat.) before the court

Subrogation: a right of repayment to a payor in the event that another is found to be responsible for the payee's loss

Summary Judgment: a finding and entry of judgment by the court after a hearing and review of the claims and the evidence of the parties prior to a trial wherein the court determines that there is no genuine issue or dispute as to any material fact available for presentation and that the evidence, as a matter of law, is insufficient to allow such claim to continue and renders judgment in favor of one party

Subrogate Parent: one who is not a child's parent, but who stands in the place of the parent

Survival Statute: statutory law that creates a right on behalf of the estate of a deceased person to maintain a lawsuit for any cause of action that would have existed had the decedent not died

Syllabus: a summary paragraph usually prepared by the court preceding the body of a reported case which in some jurisdictions is the black-letter law of the jurisdiction