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- 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
T
Tort: a civil wrong which causes injury as a result of a breach of a legal duty owed to another
Tort Claims Act: a statutory law enacted by the U.S. Congress and many state legislatures that waives all or some part of the government's immunity from tort
liability
Trial: a proceeding or hearing of evidence in a court having jurisdiction over the persons, entities, and subject matter for a determination of all issues
between the parties based upon the applicable substantive law
Trial de Novo: a new trial
U
Ultrahazard Activity: conduct or any activity that involves such a great potential for harm or injury that the person or entity performing such activity will be
held strictly liable for the outcome
V
Vacate: to set aside or to render void
Verdict: the conclusion of the court or jury which becomes the basis for the judgment
Vicarious Liability: the imputation of liability upon one person or entity for the acts or failure to act of another person or entity
Voir Dire: (fr.) to see to speak; in law, it is that portion of the trial where the potential jurors are asked questions by the attorneys or the court to
determine their qualifications and suitability to sit as jurors in the particular case
Volenti Non Fit Injuria: (lat.) a volunteer suffers no wrong; a person who consents to legal wrong has no legal right
W
Wanton: a heedless disregard for the outcome of one's actions
Weight of the Evidence: an expression stating an evaluation of the balance of the evidence for each side of the controversy after the conclusion of the
controversy
Willful: a knowing disregard for the consequences of one's actions
Witness: a person who is sworn at a trial to provide evidence in a case
Work Product: the work done by an attorney in the process of representing a client which is ordinarily privileged an not subject to discovery
Wrongful Death Statues: statutory law that creates a right to bring an action by the personal representative of an estate of the deceased for the wrongful loss
of the decedent's life, also see LORD CAMPBELL'S ACT
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