Common Legal Terms — page 8 of 9

Common Legal Terms terms

701. Reporters Books which contain court decisions.
702. Request for admission Also, Request to Admit. Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a…
703. Request for production of documents A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery device.
704. Request to admit See Request for Admission.
705. Res A thing; the subject matter.
706. Res adjudicata Once settled by a judicial decision, the party may not sue again on the same matter.
707. Res gestae The facts or things done which form the basis for a litigation action.
708. Res ipsa loquitur The thing speaks for itself.
709. Res judicata See res adjudicata.
710. Rescission The cancellation, or “tearing-up,” of a contract. Some consumer loans (home mortgages) feature a 3-day right of rescission during which the borrower…
711. Research A careful hunting for facts, truth and/or the law about a subject.
712. Respondeat superior Let the principal answer for the acts of the agent.
713. Respondent 1. The person that must respond to allegations contained in a petition. 2. The person against whom an appeal is taken. See petitioner.
714. Rest A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.
715. Restatement A publication which tells what the law is in a particular field, as compiled from statutes and decisions.
716. Restitution Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.
717. Retainer Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.
718. Return Your return is the profit or loss you have on your investments, including income and change in value.
719. Reverse An action of a higher court in setting aside or revoking a lower court decision.
720. Reversible error A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
721. Revocable trust A revocable trust is a living trust that can be modified or revoked by the grantor, or person who establishes the trust and transfers property to it.
722. Revoke To cancel or nullify something.
723. Right of way The right of a party to pass over the land of another.
724. Robbery Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear. See larceny.
725. Rules Established standards, guides, or regulations set up by authority that must be followed by parties to an action.
726. Rules of evidence Standards governing whether evidence in a civil or criminal case is admissible.
727. Sanae mentis Of a sound mind; sane.
728. Sans recours Without recourse.
729. Scilicet (Abbr. scil.) To wit; that is to say (most often seen in pleadings abbreviated as s. or ss.)
730. Seal To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
731. Search warrant A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.
732. Secondary authority Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.
733. Secundum According to.
734. Secundum legem According to law.
735. Secundum regulam According to rule.
736. Secured debts In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.
737. Securities and Exchange Commission (SEC) The Securities and Exchange Commission (SEC) is an independent federal agency that oversees and regulates the securities industry in the United States and…
738. Self-defense The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of…
739. Self-incrimination, privilege against The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution.
740. Self-proving will A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper…
741. Semper fidelis Always faithful.
742. Sentence The punishment ordered by a court for a defendant convicted of a crime. See concurrent and consecutive sentences.
743. Sentence Report See Presentence Report.
744. sentencing guidelines A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted…
745. sequester To separate. Sometimes juries are separated from outside influences during their deliberations.
746. Sequestration of witnesses Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their…
747. Sequitur (Abbr. seq.) It follows. See et sequentia.
748. service of process The delivering of writs, summonses, subpoenas or other documents by delivering them to the party named in the document. Also referred to as "service."
749. Settlement After negotiating, the amount you agree to accept from the insurance company as full payment for your loss.
750. Settlor The person who sets up a trust. Also referred to as "grantor."
751. Shepardizing Method for finding subsequent development of a legal theory by tracing status of a case as legal authority.
752. Sheriff The executive officer of local court in some areas. In other jurisdictions the sheriff is the chief law enforcement officer of a county.
753. Sherman Act The basic antitrust statute prohibiting any unreasonable interference, conspiracy, restraint of trade, or monopolies with respect to interstate commerce.
754. Sidebar A conference between the judge and lawyers or pro se litigant, usually held in the courtroom, but neither the jury nor other people in the courtroom may…
755. SINE Without.
756. Sine die Without a day appointed.
757. Sine qua non An indispensable condition; a requisite.
758. Slander Spoken defamation which tends to injure a person's reputation. See libel.
759. Small Business Administration (SBA) A federal agency authorized to make loans to small businesses, including loans for land purchase and construction.
760. Small Claims Court A state court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.
761. Social Security Social Security is a federal government program designed to provide income for qualifying retired people, their dependents, and disabled people who meet…
762. Social Security Administration (SSA) The federal agency which administers the national social security program.
763. Social Security Tax Provides benefits for retired workers and their dependents as well as for the disabled and their dependents.
764. Sovereign Immunity The doctrine that the government, state or federal, is immune to lawsuit unless it gives consent to the suit through statute.
765. Specific performance A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do.
766. Speedy Trial Act Federal law establishing time limits for carrying out major events, i.e. indictment, arraignment, etc., in a criminal prosecution.
767. Spendthrift trust A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his or her own financial affairs.
768. Standard of proof Indicates the degree to which an aspect of a case must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or…
769. Standing The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
770. Stare decisis To abide by decided cases.
771. Statement A summary of all transactions that occurred over the preceding month and could be associated with a deposit account or a credit card account.
772. Status quo or status in quo The existing state of something.
773. statute Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.
774. Statute of frauds A statutory requirement that certain contracts must be in writing.
775. statute of limitations A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise…
776. Statutory Relating to a statute; created or defined by a law.
777. Statutory construction Process by which a court seeks to interpret the meaning and scope of legislation.
778. Statutory law Laws promulgated by Congress and state legislatures. See case law and common law.
779. Statutory research Research of legislation enacted by a state or the United States.
780. Stay A court order halting an event.
781. Stipulation An agreement between the parties to settle all or part of the case without further hearings. The stipulation must be approved by the Court.
782. Strict liability Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, it is representing that they are…
783. Strike Strike means a labor dispute wherein employees engage in a concerted stoppage of work (including stoppage by reason of the expiration of a collective…
784. Sua sponte Of its own volition or motion; spontaneously.
785. SUB Under or subordinate to.
786. Sub conditione Under a condition; on condition.
787. Subpoena A command to a witness to appear and give testimony.
788. subpoena duces tecum A subpoena ordering a person to produce certain documents, records, or other items described therein for evidence (also under penalty for failure to…
789. Substantive law The statutory or written law that governs rights and obligations of those who are subject to it.
790. Sui generis Of his, her, or its own kind.
791. summary judgment Either party can make a motion (a request) that the Court decide the case based solely on the pleadings or documents that have been filed.
792. Summons The Order from the Court Administrator to the defendant telling her/him to come to court to respond to the Complaint, which must be attached to the…
793. Supersedeas Preventing or annulling; a writ to stay a legal proceeding.
794. Support trust A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.
795. Suppress To forbid the use of evidence at a trial because it is improper or was improperly obtained. See exclusionary rule.
796. Supra Before; above.
797. Surety Bond A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond."
798. Survivorship (ser-VY-ver-ship) In cancer, survivorship covers the physical, psychosocial, and economic issues of cancer, from diagnosis until the end of life.
799. Suspension The temporary disqualification of a firm or individual from contracting with the government or participating in government programs, pending the outcome…
800. Sustain A court ruling upholding an objection or a motion.