Copy of `Legal explanations - Law terms`
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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG Words: 2570
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Set(v) Set is the act by which the requirements required are arranged for starting or executing any event or process etc. Eg. Set a bench to hear constitutional matters
Set Aside(v) Set aside is the action of nullifying an order, decision or judgment by another order or decision or judgment of the same authority or a higher authority. By this action the position prior to the issue of original order is restored.
Setoff(n) Setoff is the claim by a defended to adjust the dues the plaintiff owes to him from the claim or damages payable to the plaintiff
Setting(n) Setting is the process by which arrangements are made for formal happening of an event or sitting of court etc like serving due notice, scheduling the activities etc
Settle(v) Settle is the action taken by which the parties solve an issue between them by mutual negotiation among themselves to arrive at an amicable solution without waiting for the legal process.
Settlement(n) Settlement is the process of reaching an amicable solution by the parties themselves without waiting for the completion of the legal process and judgment of the court.
Settlement AgreementA contractual resolution to a disagreement between two parties without going to court.
Settlor(n) Settler is the person who transfer the rights and possession of the property owned by him with an agreement in writing where in the beneficiaries are named. Ex. A person executing a will to distribute his property after his death is a settler. A trustor transferring his property to a trust is also known as settler
Severability ClauseA contract's statement that guards the entire contract from becoming invalid if a portion is invalidated.
Severable Contract(n) Severable contracts are the contracts between two person, which are independed of each other , the failure of implementation of one agreement will not affect the implementation of the other
Several Liability(n) Several liability is the liability of a person who is jointly liable along with others, to a third person to make good all the dues owed by all joint liability holders irrespective of the internal agreement with them. Such person however can claim the respective share of liability of others
Severance(n)Severnce is separation of depended but severable law suits by an order issued by the court. For example conductance of separate trials for different offences made by an accused
Severance PayThe wages received by an employee for a specified period of time after being laid off from a job.
Sex Offender(n) Sex offender is the person charged, or convicted for his involvement in sex related crimes including molestation, rape, harassment, dealing in pronographical materials etc.
Sexual Harassment(n) Sexual harassment is the act by which a person is put to difficulties related to his sexual existence, by disregarding his/ her honor with sexual advancement or touching , expose of sexual organs etc.
Shall(n) The word shall is used to qualify an action which is mandatory but can be construed as required considering the situation , circumstances and wordings used to express such action.
Share(n) Share is defined as the segment, potion or other partition of a body, right or other wholeness which can be fractioned as identifiable or representable parts of the whole part. Eg. Share of profit in business. Share of property etc.
Share And Share Alike(adj) The phrase is used to represent the distribution of a property , rights, benefits etc to the persons eligible to get the benefit by virtue of his share or to the person bestowed with the right by virtue of any other legitimate process. For example dividing the distributable profit to the shareholders and legal beneficiary of the deceased part...
Shareholder(n) Share holder is the person holding an equitable portion of the share capital of a body corporate or association of peoples formed with a share capital.
Shareholders' Agreement(n) Shareholders agreement is an agreement between the shareholders of a corporation made for the purpose of getting a management position or directorship to any person .
Shareholders' Derivative Action(n) A shareholders derivative action is the legal proceedings initiated by any shareholder to protect the interest of the corporation as a whole whereby all shareholders are benefited.
Shareholders' Meeting(n) An annual general meeting or extra ordinary general meeting where in the board of directors, auditors etc are appointed, accounts and reports on the performance are announced are known as share holders meeting. This is the only occasion a share holder can interact and influence the management of a corporation
Sharp Practice(n) Sharp practice is the behavior of the layer where he profess his duties in an un ethical manner like resorting to threats, adopting dishonorable means, denying unrecorded statement already made etc.
Shepardize(n) Shepardize is the process by which decision of the appeals court in previous similar cases published in Shepardiz'e Citations is located to be cited in the case
Sheriff(n) A Sheriff is the law enforcing officer appointed with the responsibility of providing protection and policing the jail, courts, civil activity etc
Sheriff's Sale(n) Sheriff's sale is the sale of a property or article seized or held by a sheriff as per the order of execution issued by a court, by way of a public auction or with a public notice
Sherman ActThe primary Federal antitrust law that was established to put an end to companies conspiring with competitors to fix prices.
Shield Laws(n) Shield laws are the statutes which provides shield or protection to certain information peculiar to its nature from testifying them in the court. Example: Confidential information given to the advocate, doctor etc.
Shifting The Burden Of Proof(n) Shifting of burden of proof is the process by which the opposite party become liable to support its factual stand. When the plaintiff proves his facts then it become responsibility of the defendant to prove his stance or counter he made.
Short Cause(n) Short cause are the lawsuits which in the opinion of the judge, parties and the attorneys, cases which can be completed in a day. Such classification are made to commence the cases which can be easily disposed of.
Shortening Time(n) Shortening time is the court order made as per the request of a party by a motion filed, to shorten the time allowed for disposing that suit.
Show Cause Order(n) A show cause order is the directives issued by a court or authority asking a person to present himself or represent him before that authority to explain reasons if any for not taking any action or decision against him
Sick LeaveA sick employees paid time off.
Sidebar(n) Sidebar is the area in front of the judges bench between the jury desk, judges bench and witness stand. Judge take confidential information from individuals especially lawyers from here.
Sign(v) Sign is the action of affixing his personnel note, name or other marks as a token of his concurrence to the matter contained in the document in which such signature is affixed
Silent Partner(n) A silent partner is the person who become a partner by introducing capital and agreeing to the profit and loss of the firms without actively participating in the management of the partnership
Similarly Situated(Adj) The qualification 'similarly situated' is used to explain the circumstances and peculiar aspects of an incident or event etc by comparing it with a known incident or event etc for better understanding
Simple Trust(n) A simple trust is the trust which distribute or otherwise spend all its income during the specific period itself without accumulating or making surplus of income over expenditure.
Simultaneous Death Act(n) Simultaneous Death Act is the statue which provide the treatment of death about its occurrence, cause, type etc when it is not exactly ascertainable about its occurance etc.Ex. When a couple dies together, the provision states to consider them died before one another
Sine Qua Non(prep) Sine Qua Non is used to represent an action as the sole reason for occurrence of an incident. The Latin word means 'without which it could not be'. Example. A kid was spoiled because his parent never said no to his demands
Situs(n) Situs is used represent the place of incident where an action or event has taken place. The Latin word means 'location' to refer the place which can be identified
Slander(n)Slander is an act of defemating a person by oral assertion of untrue statement with an intention to hurt his reputation and honor. It is a civil wrong and a slanderer is liable for damages.
Small Claims Court(n) Small claims court is the segment of law enforcing machinery that hears civil wrongs and disputes involving smaller amount, without adopting the lengthy process of regular courts
Social Security"Federal program established to supply social benefits such as retirement, disability, and survivors benefits.
Sodomy(n) Sodomy is the sexual act by which a man insert his penis in another persons anus for sexual satisfaction, with or with out consent of the other. Sedomy is a crime if done without consent or by using force and threat etc.
Sole Proprietorship(n) A business in a trade name owned and conducted by a single person is called sole proprietorship concern. For all legal purpose, the concern is not considered as a separate entity other than the owner
Solicitation(n) Solicitation is the act by which a person is influenced or otherwise persuaded to do a crime or take part in a criminal activity, without which he may not have involved in the crime. For example offering a big reward for doing a crime.
Solicitor(n) Solicitor is the law professional rendering all legal services but has not qualified for appearing before a court. In British legal system only a barrister who got special training can appear before the court.
Solicitor General(n) Solicitor General is the Chief Trial attorney who is authorized and responsible to represent the Government before the supreme court. He assist the Attorney General
Solitary Confinement(n) Solitary confinement is the punishment imposed on a person whereby he is kept in isolation from the external world whether or not kept in a designated jail. Solitary confinement is resorted when a person is expected to cause problem when permitted to communicate with others
Solvencyn. The term 'Solvency' is used to represent the state of possession of surplus assets over the liabilities. It is derived from the commonly used term insolvency which means a person or entity does not have enough assets to pay off his creditors.
Sound Mind And Memory(n) An agreement is legally enforceable only when it is done without external influences. An unsound mind and memory may lead to a decision which one should not have taken in normal course and hence such agreements are treated as void. The parties to an agreement declare that they are in 'sound mind and memory' to show that they are doing it with f...
Sounds In(adj) Sounds in is used to refer the basis, cause or reason of an action referred in a legal proceedings which appears to be the reason behind such action, agreement, crime etc.
SpamCommercial e-mail that is unsolicited and sent to multiple people.
Speaking Demurrer(n) Speaking Demurer is the introduction of evidences, in a lawsuit which establish that the factual positions even though accepted cannot be effectuated because of the legal flaws or failure. For example a plaintiff introduces an evidence that he has demanded the due well before law of limitation starts in a case of demurrer where as defended argu...
Special(adj) An Act, proceedings, hearing, rule, order or entities like person, administrator, Prosecutor, judge, jury etc constituted otherwise than in routine process with an intention to serve specific or identified purpose is referred as special.
Special Administrator(n) A special administrator is the person appointed by a court or other legal authority to administer and manage the affairs of the property, estate or business under consideration in such legal proceedings, as per the directions issued by the court
Special Appearance(n) Special appearance is the representation of a case by an attorney other than his normally appointed attorney for representing him as a gust appearance in any particular session, as a substitution on special grounds, as a favor to avoid exparte decision, pending decision to accept handling the case etc. There is no obligation on the part of the ...
Special Circumstances(n) Special circumstances are the criminal activities which are executed with wanton disregard to the society and human feelings, which portrays the contempt of the culprit in social wellbeing which warrant extreme punishments. For example chopping down the victim into pieces after killing, raping a minor etc.
Special Damages(n) special damages are the claims awarded in a law suit compensating the directly related cost or damages incurred by the plaintiff as a result of the wrongful act done by the defendant. For example, In an accident the wage loss due to incapability to work results in loss of income directly related to the accident
Special Master(n) Special masters are the persons appointed by a court for specifically carrying over or supervising the execution of certain orders issued by the court taking in to consideration the aspects connected to its compliance . For example special master can be appointed to sell off a particular property
Special Prosecutor(n) Special prosecutor is the attorney appointed by the attorney general, congress or the head of the state to investigate into the illegitimate activities of the government servants and persons dealing in state properties and to represent the state for prosecuting the wrong doers
Special Verdict(n) Special verdict is the decision of the jury on the factual position involved in the case, leaving the verdict to the judge after considering the application of law in that case. Special verdicts are also issued when complex situation exists, where an explanation of law is required.
Specific Bequest(n) A specific Bequest is the gifting of any particular article to any person by specifically nominating him to receives such article by a will. For example a will directing to give the car he used to the youngest daughter Anna
Specific Devise(n) A specific devise is the gifting of any particular property or part of real estate etc to any person by specifically nominating him to receives such identified property by a will. For example a will directing to give the apartment he lived last to be given to the youngest daughter Anna
Specific Finding(n) Specific findings are the decisions or observations made by the jurors on specific aspects, facts observed by them, as per the directions of the court, which has been included in the order or deliberations of the judgment.
Specific Legacy(n) Specific legacy is the gift of a property by specifying the property by its name or identification made by a will to any person or group of persons specified in the will.
Specific Performance(n) Specific performance is the request of the plaintiff to get relief in the form of performance of the contract itself. In such case monitory compensations will not satisfy the plaintiff. Such pleadings are made when the contract is for delivery of artwork, articles having ancestral worth etc where costing and compensation in cash is not possible...
Speculative Damages(n) Speculative damages are the claims made by plaintiff for compensating the contingent loss which may occur in future as a consequences of the wrong doing by the defended. For example when a property is not transferred as per the contract, the calculation of future appreciation in its values and loss with respect to that appreciated value is a cl...
Speedy Trial(n) Speedy trial is the right available to a defendant to demand the conclusion of the trial early so as to complete it before violating the provisions contained in the 5th amendment, which limits the time an accused can be held for trail. By the 'due process 'provision contained in 5th amendment the charges against the person need to be dropped if...
Spendthrift Clause(n) spendthrift clause is a provision included in a will, which dishonor the claims against the property gifted by that will, which has been pledged, mortgaged or otherwise transferred in anticipation, by the person to whom such gifts were proposed in the will. For example a beneficiary in a will agree to sell the property he is going to get as per...
Spontaneous Exclamation(n) Spontaneous exclamations are the impulsive response from the mouth of the person subjected to the incident or present at the time of happening. These are unplanned remarks of the victims or witnesses and hence carry weight as evidences
Spot Zoning(n) Spot zoning is the provision by which a spot or a small portion of the area within an zone established for any specific category is permitted as a different zone than the category in which it surrounds. For example permitting a small portion of a residential zone as a commercial zone.
Spousal Support(n) Spousal support is the money paid to the divorced spouse or to the spouse with whom divorces proceedings are initiated, as compensation ordered by the court, for their support. In no-fault divorce it is also called as alimony.
Springing Interest(n) Springing interest is the expected right in a property which may arise on the occurrence of a specified future event. For example a deed of trust transferring a property to Mr. Rex in the event he marries Anna
Stakeholder(n) Stake holder is the person holding money, article, goods properties etc., the ownership or title of which will be decided by a future event, result of a dispute involving such items, judgment in the pending case, establishment of legal possession etc.
Standard Of Care(n) Standard of care is the attention, caution or prudence expected from an average person , subjected to such circumstances, would have taken to safeguard his interest when his interest and safety are subjected to risk by such events. For example a person is expected to take his wounded mother to hospital immediately if he finds her subjected to a...
Standing(n) Standing is the right to do any activity especially the right to file a lawsuit or petition in court. Example: person is said to have no standing when he is instrumental in breach of contract. Standing to in special courts require special instances like parties resides in different states etc. Trade associations have standing to file petition o...
Star Chamber Proceedings(n) Star chamber proceedings is used to represent proceedings in a court which violates the standards expected of such authorities and when a person appearing for a proceeding cannot expect a fair hearing and justice. the phrase was originated from the courts of King Henry VIII of great Britain, which stood decorated by stars, where the proceedings...
Stare Decisis(n) Doctrine of Stare Decisis stands for the liability of the lower court to abide by the decisions taken by the appellant court on issues raised in the lower court irrespective of whether the trail judge believe otherwise. The trial court has to wait for another order to change its stand.
State(n) The term state is used to represents the states, which constitute the country in a federal government, the government of the state, governmental agencies or departments under the state Government etc.
State Action(n) State action is action, by which a government or the persons having governing authorities violates the civil rights of an individual, claiming a legal right on anything connected to such actions. For example arresting a person on the ground of preventive custody. State Action gives a right to sue the government for its wrongful actions.
State Of Domicile(N) State of Domicile is the state where an individual is permanently residing or intended to reside, irrespective of whether he is staying there or not. State of domicile of a body corporate is the state where its registered office is situated.
Statement Of Cash FlowsFinancial statement that indicates the cash that flows into and out of a business.
Status Conference(n) Status conference is the pre-trial meeting of the attorneys with the judge to inform the proceedings, depositions, settlements and other relevant matters about the case to make the court informed. Federal rules requires filing of status conference statement.
Statute(n) Statute is a written law enacted by federal or state legislation containing the pre-amble, provisions, rules etc for implementing such legislation. Statute differ from ordinance , regulations, rulings and orders and proclamations.
Statute Of Frauds(n) Statute of frauds are the legislation directing the documentation of agreements and conveyance falling within its scope like transfer of real property, will, lease agreement for more than one year etc, The intention of the statute is to prevent fraudulent claim on titles where the possession is not apparent
Statute Of Limitations(n) Statute of limitation is the law limiting maximum period with in which one has to initiate legal proceedings for different classes or types of dispute. If the a suit is not filed or claim made within that period the applicant loses his right. The period of limitation vary from state to state and case to case
Statutory Offer Of Settlement(n) Statutory offer of settlement is the written offer made by the defendant to the plaintiff offering a compensation by way of money or otherwise settling, an amount as consideration for satisfaction of his claim and withdrawing the suit. Such offers which need to be filed with the court, will close all claim of the plaintiff is accepted by him
Statutory Rape(n) Statutory rape is the sexual intercourse with a female, whether or not she has consented to such an action, who was neither a child nor reached the age of consent. The age of consent and age limit of a child varies from state to state.
Stay(n) Stay is the court order granting status quo till such time to facilitate the recipient to do the required act. For example stay order against retrenchment., stay order against vacating the rented house etc
Stay Away Order(n) Stay Away Order is the order issued buy a trial court prohibiting a person from meeting a person or otherwise contacting him by any mode of communication
Stay Of Execution(n) Stay of execution is the order issued by a court postponing the execution of a person sentenced for death penalty on any ground requiring the re-opening of the case.
Stipulation(n) Stipulation is the specification or conditions about the procedural matters agreed in writing and filed with the court by the attorneys in a legal action.
Stock(n) Stock is the collection of goods, inventories, merchandise, capital split in to shares, cattle etc kept and maintained for the purpose of using them as tradable goods directly or after processing them to finished products
Stock Certificate(n) Stock certificate is the document issued by a body incorporated to the person who is holding shares in the company which has been converted in to stock, containing information about the corporation, about the shares held by such person, name of the person, date of issue and other information required by the law in force.
Stock In Trade(n) Stock in trade is the collection of goods, inventories and merchandise, maintained by a business entity for the purpose of using them for processing, making salable goods or for selling to the customers with an intention to make profit from such deals.
Stock Option(n) Stock option is the future right available to a buyer of future deal to purchase the commodity at the agreed price paying the consideration agreed at the time the option is granted. Stock option is available in forward trading where in the buyer can settle the deal by paying or accepting the difference of option price and market price without c...
Stockholder(n) Stockholder is the person holding definite number of shares in a body corporate which has been converted in to a stock where by he can deal them as a tradable goods.
Stockholders' Derivative Action(n) The application of his rights, like suing the company for mismanagement etc derived because of the share held by him as a share holder of the company to safeguard his interest as a shareholder.