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Legal explanations - Law terms Category: Legal Date & country: 25/02/2010, SG Words: 2570

Stop And Frisk
(n) Stop and Frisk is the body search undertaken by the law enforcing officers, limiting the search to feeling the bulge and apparent visibility , to unearth any weapon hidden under cover of the dress. Such search is also called as 'pat down' may not require an official search warrant or a probable cause for search .

Straw Man
(n). The term 'straw man' is used to represent a person who acts by receiving a title to a property, business right, or interest of any sort on behalf of another person, who for any reason cannot do such acts directly. For example a man with criminal record will not get a license for liquor business, then such person will apply for a licenses in so...

Street
(n) A street is a road or way maintained by the municipality or local authority and used by the public to commute. Two conditions exists. It is maintained by the local administration and it is open for public. So road in a military camp cannot be a street as well as a private road leading to a villa cannot be a street

Strict Construction
(n). A Constitution, Law or Act when interpreted strictly by the word meaning, without considering the purpose and intention of law makers while drafting the Law and applying such intention in the circumstances prevailing now is termed as strict construction of law.

Strict Liability
(n) 'Strict liability' is defined as the liability which falls on the person by virtue of possessing any dangerous articles and caused by such articles whether by negligence or not by the person possessing such articles. It gives an implied liability on the person to take all precautions. For example if somebody carries gunpowder, some on thrown a ...

Strike
(v) A strike is defined as the willful abstaining from their allotted work by the workers of an organization as a protest measure to pressurize the management thereby bargaining their demands (n) strike is used to represent the order of a judge, head, or chairperson to remove certain observation, comments, questions, statements made by the members ...

Structure
(n).A structure is defined as the physical development made in a land with a purpose to provide accommodation . For a construction or development to be a structure it must have an enclosure and a roof with provisions for entering within it. A structure is the first stage of construction of any building.

Structured Settlement
"Compensation for damages that is not paid through a single lump sum, but is paid out over time through multiple payments. The structure is tailor-made for individual cases and may include an immediate payment to cover special damages. Typically, payment is made by purchasing an annuity from a life insurance company. Under IRC 104 (a)(2) code,...

Sua Sponte
(n) When a judge makes a decision on his own observation, without a request made by any party involved in the proceedings, such orders or decisions are known as Sua Sponte. The phrase was derived from Latin word which mean" of one's own will", that is a decision not forced. For example a case in a single bench court is referred to a full ...

Subchapter S Corporation
(n) Internal revenue service enables a corporation to be taxed as a partnership, whereby the profit or loss can be transferred to shareholders instead of dividends. Such corporations are named as S Corporation. Subchapter S corporation provide the conditions contained in Sub chapter S by which a corporation is treated as S corporation

Subcontractor
(n) A subcontractor is a legal person appointed by a contractor to get the contract, part of the contract or any section of the contract assigned to him to be executed. A sub-contractor has got limited liability towards the original owner and his rights are limited to the mechanics lien to the extend of his unpaid bills. A subcontractors rights and...

Subject To
(adj).When a property without clear title or encumbrance is transferred to a person, with his knowledge and consent about the liabilities attached to the property such acquisition of the property is called an acquisition subject to the liabilities attached to the property. It may also require the consent of the lender. The lien or mortgage right ow...

Sublease
(n) when a tenant let out the whole or part of the property rented by him a to a third person it is called 'sublease'. Even though it is rented out fully, the first tenant will be responsible for payment of rent and all charges to the landlord and he is also responsible for all loss caused by the sub lessee to the property. There is no agreement wi...

Submitted
(n) the word submitted is used represent the stage in which the arguments and evidencing on the part of the attorneys are over and the case is finally submitted to the judge for his decision. No more hearing or witnessing is allowed in a submitted trial.

Subordination
(n) Subordination is the acceptance of new charges, claims or mortgages on a property held by the lender in priority to the claim, charge or mortgage held by him on that property. On subordination the first lender looses his priority on the property and is eligible for the residuary rights in the event the property is attached to recover the new cl...

Subordination Agreement
(n) A subordination agreement is a contract between the owner of the property and the lender who holds a claim, charge or mortgage on the property, whereby the charge or mortgage holder agrees to subordinate his claims on the property to the new claim, charge, mortgage etc. Such agreements by which a lender or charge holder relinquish his sole righ...

Subornation Of Perjury
(n) When a person, with a motive to influence a trial to his favor, influence by whatever means the person issuing a statement under oath, thereby he gives a false or misleading information to the court under a trial such act of encouraging the false or misleading statement is called as subornation of perjury. For example a police witness under the...

Subpena
(n) Subpena is summons issued by a court directing a witness to appear before the court for giving evidence or testifying the documents before the court at the designated time and place under oath. A court can issue warrant to bring the witness if he fails to appear before the court without sufficient cause and permission and such abstinence are pu...

Subpena Duces Tecum
(n) Subpena Duces tecum is defined as the court order directing a witness who is in custody of the documents to produce them before the court for verification. This is a potential method of bringing documents which are not generally available to the parties especially when the documents are in the custody of the opponents

Subpoena
(n) (suh-pea-nah) It is the order issued by court directing any person or witness to be personally present before the court at the designated place and time . If the person fails to appear as required court can initiate contempt of court procedures against him

Subrogation
(n) subrogtion is the act by which the legal rights of clime is transferred to another person or legal entity who can by that subrogation avail all legal remedies the person who transferred such right hold. For example when an insurance company indemnify the loss occurred on a vehicle accident they gets the subrogation of rights of the insurer. If ...

Subrogee
(n) Subrogee is the person or legal entity who assumes the legal right or clime by settling the clime of the third parties. Usually insurance companies act as subrogee by settling the climes against the insured they stand in the shoes of the insured and later recover what the insurer is legitimately eligible. For example when the car of the insured...

Subrogor
(n) person or entity who transfers his legal right or clime for damages caused to him by collecting the compensation from the subrogee where by transferring his right to clime damages to the subrogee is defined s the subrogor. Subroger looses his clime to seek compensation.

Subscribe
(v) subscribe is the action by which a person or legal entity accept certain commitments. For example When somebody subscribe to the stock issued, he is bound to accept them and pay for that. Similarly when person subscribe to a newspaper, magazine etc, he is bound to accept it and pay for it. When some person subscribe document by fixing signature...

Substantial Performance
(n) In a contract when the party involved fulfills all the major obligations which comprises the essence of the contract, such fulfillment of obligation is termed as substantial performance. It exhibits the keenness of the parties involved to fulfill he contractual obligation. For example the party supplies 99% within the stipulated date and transp...

Substantive Law
(n) A substantive law is the legislation which defines the principles, objectives, circumstances, limitations etc governing the society and the rights of the individual. For example an individual has a right to express but it limits that right when it is against the national integrity. A substantive law establishes the principles where as a procedu...

Substitute In
(v). When an attorney is relieved from a trial for what ever the reason and a new attorney was selected to replace him to continue the trial in that court, by filing a written statement in that court, the introduction of new attorney is termed as 'substituted in'.

Substituted Service
(n) When a notice which required to be served to the person directly is served to an authorized person or is served by an authorized means of service it is called substituted service. Substituted service includes handing over the documents to an adult staying in the address recorded, authorized employee available in the address, authorized agent fo...

Substitution
(n). Substitution is the reliving of an attorney from a trial for what ever reason and selection of a new attorney to replace him to continue the trial in that court, by filing a written statement in that court. The new attorney is known as substitution.

Substitution Of Attorney
(n). Substitution of attorney is the document evidencing the reliving of an attorney from a trial for what ever reason and selection a new attorney to replace him to continue the trial in that court, which is duly consented by the departing attorney.

Succession
(n) Succession is the inheritance of the property of the deceased by his legal inheritances as per the prevailing law, when the deceased person has not made a legal will distributing his / her property by any other means

Successive Sentences
(n) Successive sentence is used to represent the punishment which cannot be served as concurrent. That is if a culprit is sentenced on 3 crimes and sentenced for 15,10, 5 years for separate crimes he has to undergo the punishment for all the three periods that is 30 years. Where as in concurrent punishment he need to serve only the maximum period o...

Suffering
(n) Suffering is the difficulty or inconvenience to perform the normal activities, caused by an accident or unexpected event. When suffering is caused by somebody's negligence or wrong doings, sufferer can claim damages.

Sui Generis
(n)Sui generis is defined as the event, situation, action material, person, entity or any such things which are clearly ascertainable and are unique of its kind. For example Eiffel Towers is Sui generis. Man eating humans are Sui generis.

Suicide
(n) Suicide is defined as the act of killing oneself, with an intention to end his own life for whatever reason, with out any external influence and help. Suicide differ from accident where there is no intention to die. When death happens with the influence or support of others it is homicide

Suit
(n) A 'suit' is a reference or request formally made to a court or legal redresser forum seeking a judicial intervention on the subject matter referred to the forum by virtue of its authority and thereby seeking a solution.

Sum Certain
(n) A 'sum certain' is used to represent that the amount involved in the agreement is stated specifically and absolutely, which will in no circumstances change due to an event taken place after the documentation of the contract or agreement. For an example a fixed rent allowance is sum certain where as re-imbursement of rental expenses is not a sum...

Summary Adjudication Of Issues
(n) Summary Adjudication Of Issues is ruling issued by the court before the start of the trial declaring the issues of fact already determined based on the motion filed by the party, declaration under an oath, admission of facts by the opponent etc which needs no further trial

Summary Judgment
(n) Summary judgment is the ruling by a court when all facts of the case in the trial before the court are settled before the trial and the cause of action can be decided based on the facts decided or part of facts decided without the trial. Such judgment need to examine the law only.

Summation
(n) Summation is the final argument made by the attorney summing up his points and supporting his cause based on the findings during the trial to convince the judge or jury

Summons
(n) Summons is the written document issued by the court directing the responded to file response within the allowed time containing information about the case filed against him. Summons contain all information like name of plaintiff, defendants, attorneys, court where case is filed, instructions to follow with a provision to record the delivery and...

Superior Court
(n) The term superior court is used by some states to represent trial court when there exists a county trial court in that state.

Supersedeas
(n)Supersedes is the order, judgement, proclemation outcome etc which suppress the order, judgment, proclamation etc of a lower authority to stop implementation of the order issued by the subordinate. If a lower court remand a person to police custody and upper court grants bail the order of the upper court supersedes the order remanding the person

Superseding Cause
(n) Superseding cause is the cause which occurred later which eventually lead to the accident and loss. Eg.If a person is hospitalized due to an accident, dies of a reaction to medicine by the failure to try test dose it amount to superseding cause. The real cause of accident is termed as superseding cause to make a person guilty.

Supplemental
(adj) Any document, order, declaration, claim etc made with a purpose to explain or elaborate or complete another document , order etc., the subsequent one is called the supplemental of the first.

Suppression Of Evidence
(n) Suppression of evidence is the action by which a prosecutor who obtains information by virtue of his authority hide such evidences which he is bound to reveal to the defended, when the defense is unaware of it. Suppression of evidence is a violation of 5th amendment of constitution leading to reversal of orders, contempt of court etc.

Supra
(n) The word supra is used to represent a decision, order judgment etc referred or mentioned in the document previously. The Latin word 'soo - prah' means above. When a case or decision is initially referred it contains full details , when its reference is again called later the details of the case or decision is substituted by the word 'supra'

Supremacy Clause
(n) The clause contained in Article VI, section 2 of US constitution, which declare that the laws made in pursuance of the constitution under the authority of United states shall preside over others and shall be the supreme law of USA is known as Supremacy clause.

Supreme Court
(n) Supreme court is the highest court of the land where such name is used to represent the court which has the ultimate power to determine the issues related to constitutional subjects, intra state disputes, cases in which federal or central government is a party etc are decided. Supreme court judges are appointed by the head of the state

Surcharge
(n) Sur charge is the extra amount charged on any transaction, levy, taxes etc which is not forming part of the original payment, calculation etc but charged additionally for a specific purpose like surcharge levied on income tax for earthquake victims.

Surety
(n) Surety is the person who guarantees certain performance by some person to another person where by accepting the responsibility for the due performance of the agreement for which he stood as surety. If the person responsible for the performance fail to accomplish his duty, the surety is responsible to compensate it

Surplusage
(n) Surplusage is used to qualify the documents, evidence etc which has no relevance or legal effect in the dispute under consideration and are to be discarded or ignored.

Surrebutal
(n) Surrebutal is the rebuttal made by a party denying the claim, or arguments raised by another while rebutting the claims made by the first person. A surrebutal can be an oral denial or a documented denial. Many courts place restrictions on the number of rebuttals

Surrender
1) The act of giving up or accepting defeat 2) The act of agreeing to give up ones possesions, property or self, to lawful custodian, landlord or law enforcers (eg. Police, court etc) respectively. 3) resigning oneself to hope or emotions.

Surrogate
1) A representative or subsitute of one, especially in cases of infertile mothers for whom one (other woman) can bear a child, or one acting in place of where other had to be present 2) The decider or an officer in some states United States, responsible for hearing of the probates of wills, testaments and estates.

Surrogate Court
A court where a surrogate/ an officer especially in some states of United States, presides the probates of Wills and estates, and which has jurisdiction over such probates.

Survivor
1) an individual who outlives another individual. 2) An individual who lives longer than the others 3) If for the use of or ownership of all assets received or inherited or held under "either or survivor" basis, including bank accounts, deposits, property holdings etc, those who are living are survivors.

Survivorship
1. The automatic transfer of the title or the ownership of property or asset in case of death or non-existence of the other person in joint tenancy. 2. The situation where joint holdings of assets or joint tenacy of real estates, when one co-owner outlives the the other(or one owner ceases to live), the title,right or the ownership of that real est...

Suspect
Someone who is thought to be guilty.

Suspended Sentence
An unapplied or unenforced verdict of a court on any person convicted of crime. It can be due to the convicts' good behaviour, or impact of other pronouncements by criminal court for the same person, or it could be conditional towards some bond or penalty which the convict fulfills while keeping out of trouble. Usually, it is also a probation perio...

Sustain
1. Something which is accepted or agreed. When a judge admits to the objection raised by one lawyer, its is said to be objection sustain. 2) to provide with supply of basic neccessities.

Swear
1. To make a declaration of evidence under an oath in the court, confirming it to be an honest and truth declaration. 2) A promise made by a witness on a sacred thing or person (maybe god) to prove that whatever is said or done is truth and nothing but the truth. 3) Solemn pledge or oath taken by someone who is appointed on an official post, to do ...

Swindle
To intentionally cheat or trick someone for personal gain through deception, fraudualent acts, dishonesty, false deeds and statements. It is an offence in the eye of law which terms it as another form of theft. It can be anything to do with property, assets, or money which the swindler does not have ownership of.

Syndicate
It is a joint venture by a group of people with common interest in order to achieve certain goals and target. It can be anything from an association of business people or association of criminals or a group of common people who have certain aims, which after they fulfill it, they can cease to exist as a syndicate or joint venture. It is specificall...

T.R.O.
n. Slang for the legal term "temporary restraining order."

Tainted Evidence
The evidences which are inadmissible by the criminal court because the method used to gather information/evidence is illegal.

Take
To gain, to achieve, to own, to capture. Getting something under ones control.It can be proerty, asset, territory, stolen goods etc.

Taking
Government process of obtaining private land for public purposes using eminent domain.

Taking The Fifth
To refuse or act of refusing under the oath, in the court of law, to give any oral evidence when an attorney cross examines, which one might think may lead to accusing onself. In the court of United States a person is at liberty to not answer certain questions which may lead him to be a witness against himself.It is the term which is also known as ...

Tangible Property
any asset or property which is felt and touched as in machinery, cars, furniture, jewellery etc, which has intrinsic value and is physical, thereby also having a value which makes it saleable too.

Tax
A charge by the government on the citizen of the country or on their property or a charge on certain activities for their welfare. It is also charged on certain business activities like bringing in goods interstate or inter country, on sales, on licences, on purchases and is also known as government charges on ones income and assets.

Tax Basis
Refer to the definition of basis.

Tax Costs
a contest against the other party in court to reduce or deny the the claims of the court costs motioned by other party who wants all the costs incurred during the period of trial to be borne by opposite party. Simple example would be a winner in court battle may claim charges incurred by them during the period of court trials, to be paid by loosing...

Tax Court
An specialized agency or court which hears solely taxpayers appeal.They are authorized by state government and federal government in US to hear tax disputes and controversies by which the taxpayers appeals against the Internal Revenue Services(IRS) decisions, without paying the amount claimed by IRS.

Tax Evasion
Purposely or intentionally avoiding paying tax by the way of showing incorrect taxable income thereby doing fraud.It is a chargeable crime and it is different from making lawful adjustment to reduce taxable income.Thus the government has to prove, that the person has intentionally tried not to pay their actual tax liability and not have neglected o...

Tax Return
It is a form supplied by the government body (taxation authority) for the citizens to file with them the details of their income, expense, deductions, etc thereby computing the tax liability, within a specified date of the year.

Tax Sale
It is the sale of the taxpayers property by the government or taxation authorities as a method of collecting the unpaid tax dues on those assets by the taxpayer after the expiry of legally specified time. Certain procedures are followed in order to arrive at a decision of auctioning the taxpayers' assets by the state government.

Temporary Injunction
an order by the court on temporary basis, prohibiting one party from continuing a particular activity until the completion of court trial in favour of it. Temporary injunction is granted on the opponent party by the court only when the requesting party has higher chances of favourable trial.

Temporary Insanity
During the proceeding of a criminal case, the defence lawyer can claim that the accused was not in position to identify whether his/her act of crime was legal or illegal, at the time of the performing the crime, and was suffering from Mental disorder. Generally there is no proof of such conditions except the immediate action before or after the cri...

Tenancy
The right to ownership of the real estate property legally by the way of purchase, lease, will or by paying rent.It may be permanent title to the property or can be temporary for months or years as specified prior to transfer of title.

Tenancy At Sufferance
The possession of the property even after the expiry of the lease by the tenant till the time the landlord takes action to make him/her to vacate the property.The landlord can ask the tenant to leave without prior notice or can renew the lease he had with this tenant. The authorities have right to claim rent for that period after expiry till the ti...

Tenancy At Will
It is the ownership of the real estate property till such time that either the tenant or the owner(landlord) gives notice of vacating the property with sufficient time ( considered sufficient by authorities; normally 30 days). Tenancy at will happens normally in the absence of the lease or when some family member is staying on the property. Tenancy...

Tenancy By The Entirety
The ownership of the property jointly held by a husband and his wife with same interest and one title.The entire property is held by both of them and the survivor of the both is entitled to full ownership of the property.In this case any deals in the property either sale, purchase or development is done only with the consent of the other partner if...

Tenancy In Common
It is the ownership of the personal or real property held by two or more people, not neccesarily spouses or family members, and may be having unequal shares in terms of the size of the property. Still, all the different owners have equal rights to the property and have right to sell, purchase orm develope their share of ownership without the consen...

Tenant
Someone who owns a property by the way of paying rent or leasing the property on the basis of an agreement between the leasor and leasee.

Tender
1) An unconditional offer made by one to another to enter into the contract of transaction of goods or services at certain specified cost. Normally government bodies and business groups issues notices for quotes for specified goods or services from other businesses which is known as tender. 2) act of offering money or settlement for any dues or cla...

Tender Offer
A bid to purchase a corporation's shares at a set price.

Tenement
1) A legal term for holding any land or permanent property with right to rent. 2) Any old building given for residential living through leases with several floors and apartments usually with bare minimum amenities

Tentative Trust
It`s a bank account in the name of the depositor who acts as a trust for someone else. The account is closed once the depositor dies so that the misuse of the trust does not happen.

Tenure
1) The manner of holding the property and sometimes also known as right to hold. 2) In acedemics and job contracts, the professors or school teachers or employees are appointed in their post for initial probation period after which they are given the right to the job or guarantee that they would not be dismissed from the job. There are some criteri...

Term
1. The limited or fixed time period stated and refered in the lease or contract deed. 2. Another meaningful word or sentence for some word. 3) A point where something ends or begins.4) The period of time when the school or court session is on.5) Details of agreement.

Testacy
A siuation where one dies with a valid will ready for it to be referred to for distribution of the assets left by the dead person.

Testamentary
something in concerned or pertaining to the will

Testamentary Capacity
It is a legal term referred to persons' full senses and mental sanity to have confirmed and signed the will after understanding what his assets comprises of and what he/she is doing by creating a will. He understands in full mental capacity who is he naming the assets to and how are they related to him and what repurcution it may have later.Normall...

Testamentary Disposition
The process of dead persons' will being deposed off (complied with) by announcing the division of the assets of the dead person amongst the people whose name have been mentioned in the will

Testamentary Trust
A trust formed as per the indication given in the will after the death of the person who created the will.

Testate
The death of a person after making a valid will.

Testator
A person who has made a will or testament. The will becomes effective after the death of the will creator which indicates the distribution of his/her estate.

Testatrix
A female who creates her will with her desires for the distribution of her estates is known as testatrix

Testify
To give the evidence in the presence of law enforcers and attorneys in the court under the solemn oath.It is also the examination of witness who has declared the answers to the questions asked in the court trial.